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Difference between revisions of "Tenancy Agreements (19:II)"
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→g) Implied Obligations and Usual Terms
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===== (1) Landlord’s Obligations ===== | ===== (1) Landlord’s Obligations ===== | ||
A landlord must ensure that: | |||
*the tenant is given vacant possession on the starting date of the tenancy; | |||
*the tenant has quiet enjoyment; | |||
*the rental units are reasonably fit for occupation; and | |||
*the rental units are maintained in a state of decoration and repair that complies with housing health and safety standards required by law. | |||
===== (2) Tenant’s Obligations ===== | |||
A tenant must ensure that: | |||
*he or she pays the rent or other fees on time and conducts him or herself in a manner consistent with protecting the landlord’s rights and interests; | |||
*he or she delivers up the rental unit in a reasonably clean condition and in a reasonable state of repair, reasonable wear and tear excepted; and | |||
*he or she gives one full month’s notice in writing when terminating the agreement. (see [[Residential Tenancy Termination and Eviction (19:IX)#1. Form and Basic Requirements | Section IX.B.1: Form and Basic Requirements]]). | |||
===== (3) Court-Implied Terms ===== | |||
The usual terms that a court may insert in a tenancy agreement, where express provision is lacking and statutory terms do not apply, include a tenant’s undertaking: | |||
*to pay rent; | |||
*to pay taxes and utilities not payable by the landlord assigned to them in the tenancy agreement; and | |||
*to keep and deliver up the rental unit in good repair. | |||
==== h) Statutory Terms in the RTA : Duties and Prohibitions ==== | |||
For residential tenancies subject to the RTA, the common law implied obligations apply, unless their subject matter is superseded by one of the RTA’s obligations. | |||
==== i) Rent Increases for Additional Occupants ==== | |||
A rental increase for a new occupant can only be imposed if the contract specifically allows for it. Disputes most often arise upon the birth of a baby, so renters should consider whether they might have children before signing a contract with a new occupant increase clause. | |||