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Difference between revisions of "Tenancy Agreements (19:II)"
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Tenancy Agreements (19:II) (view source)
Revision as of 21:23, 15 November 2022
, 21:23, 15 November 2022→2. Terms, Covenants, and Conditions
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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 (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. | :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. | ||
:For residential tenancies, the following express terms are '''void and unenforceable''': | :For residential tenancies, the following are examples of express terms that are '''void and unenforceable''': | ||
*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 | :*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 | ||
**The fixed term tenancy was created in circumstances where the landlord or landlord’s close family plans in good faith to occupy the unit after the tenancy ends, pursuant to RTR s 13.1. | :**The fixed term tenancy was created in circumstances where the landlord or landlord’s close family plans in good faith to occupy the unit after the tenancy ends, pursuant to RTR s 13.1. | ||
Some included requirements of the ''RTA'' state that the tenant: | Some included requirements of the ''RTA'' state that the tenant: | ||
