Tenancy Agreements (19:IV): Difference between revisions
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→b) Express, Implied and Statutory Terms
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====b) Express, Implied and Statutory Terms==== | ====b) Express, Implied and Statutory Terms==== | ||
Valid express terms or conditions override any implied terms or “usual terms” that might otherwise apply at common law. For residential tenancies, the RTA deems some express terms to be unenforceable (see [[{{PAGENAME}}#d) Reasonable Terms | Section III.C.2.d: Reasonable Terms]] below). The RTA also establishes statutory terms, deemed to be terms in every agreement, that override any express or implied term to the contrary. For tenancies not governed by the RTA, a court will find implied obligations and insert the usual terms, if the parties have failed to expressly agree to certain matters. | Valid '''express''' terms or conditions override any '''implied''' terms or “usual terms” that might otherwise apply at common law. For residential tenancies, the RTA deems some express terms to be unenforceable (see [[{{PAGENAME}}#d) Reasonable Terms | Section III.C.2.d: Reasonable Terms]] below). The RTA also establishes statutory terms, deemed to be terms in every agreement, that override any express or implied term to the contrary. For tenancies not governed by the RTA, a court will find implied obligations and insert the usual terms, if the parties have failed to expressly agree to certain matters. | ||
====c) Express Terms and Obligations==== | ====c) Express Terms and Obligations==== | ||