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Difference between revisions of "Tenancy Agreements (19:II)"

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{{REVIEWED LSLAP | date= August 10, 2021}}
{{REVIEWED LSLAP | date= July 1, 2022}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


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The ''RTA'' requires that all tenancy agreements include standard terms outlining key statutory rights and responsibilities of the tenant and landlord (see ''RTA'' s 12, and the Schedule to the Regulation). The standard terms cover repairs, payment of rent, rent increases, security deposits, assignment or sub-let, occupants and invited guests, entry of the residential premises by the landlord, locks, ending the tenancy, and the application of the ''RTA''. To assist landlords and tenants, the Ministry created a standard Residential Tenancy Agreement, available online (http://bit.ly/1eiaQNL). This Agreement incorporates suggestions put forward by landlord and tenant stakeholders and includes the prescribed terms found in the Schedule of the Regulation.
The ''RTA'' requires that all tenancy agreements include standard terms outlining key statutory rights and responsibilities of the tenant and landlord (see ''RTA'' s 12, and the Schedule to the Regulation). The standard terms cover repairs, payment of rent, rent increases, security deposits, assignment or sub-let, occupants and invited guests, entry of the residential premises by the landlord, locks, ending the tenancy, and the application of the ''RTA''. To assist landlords and tenants, the Ministry created a standard Residential Tenancy Agreement, available online (https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/forms). This Agreement incorporates suggestions put forward by landlord and tenant stakeholders and includes the prescribed terms found in the Schedule of the Regulation.




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*a term purporting to hold that the ''RTA'' does not apply to the agreement or attempts to avoid the ''RTA'' (s 5(1) and (2));  
*a term purporting to hold that the ''RTA'' does not apply to the agreement or attempts to avoid the ''RTA'' (s 5(1) and (2));  
*that the rent remaining for the term of the agreement becomes due and payable if a tenant fails to comply with a term of the tenancy agreement (s 22) (i.e. “accelerated rent terms” are not permitted); or  
*that the rent remaining for the term of the agreement becomes due and payable if a tenant fails to comply with a term of the tenancy agreement (s 22) (i.e. “accelerated rent terms” are not permitted); or  
*that the landlord can seize the tenant’s personal property for rent owing (s 26(3)(a)).
*that the landlord can seize the tenant’s personal property for rent owing (s 26(3)(a));
*terms that impose unreasonable restrictions on guests or impose a fee for having guests stay overnight; or
*for a fixed term tenancy, any vacate clauses that require the tenant to move out at the end of the tenancy unless:  
*for a fixed term tenancy, any vacate clauses that require the tenant to move out at the end of the tenancy unless:  
**The tenancy agreement is a sublease agreement; OR   
**The tenancy agreement is a sublease agreement; OR   
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