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

Some included requirements of the ''RTA'' state that the tenant:

Similarly, terms in a short form lease that are inconsistent with the ''RTA'' are unenforceable. The parties may, however, enter into a separate collateral agreement, under which a clause requiring the tenant to perform repairs is binding on the tenant, so long as there is some value given in return (i.e. lower rates of rent).

See '''Policy Guideline 8: Unconscionable and Material Terms'''.

'''e) Pets'''

In B.C., there is no law that allows tenants to have a pet. ''RTA'', s 18 allows a tenancy agreement to include terms that prohibit pets or restrict the size, kind or number of pets a tenant may keep on the residential property. '''If the agreement is silent about pets, then the tenant should be able to obtain one.''' If a tenancy agreement doesn’t allow pets and a tenant gets one anyway, the landlord can tell the tenant to remove it. If the tenant refuses, the landlord may be able to give an effective eviction notice. ''RTA'', s 18 is subject to the rights and restrictions under the ''Guide Dog and Service Dog Act'', SBC 2015, c 17, s 3, which states that landlords must not deny tenancy or impose discriminatory terms on a person with a disability who intends to keep a guide dog in the rental unit.

When a landlord permits a tenant to keep a pet after the tenancy has already started, the landlord and tenant together must inspect the condition of the rental unit on or before the day the tenant starts keeping a pet or on another mutually agreed day (''RTA'', s 23(2)). Failure of the tenant or landlord to participate in the inspection may extinguish the right of the failing party to the rights relating to the pet deposit (s 24). The landlord can request pet damage deposit of no greater than ½ of a month’s rent, regardless of the number of pets.

'''f) Prescribing Terms'''

Terms and conditions that must or must not be included in every written tenancy agreement or an application for an agreement may be prescribed by an order-in-council and may prescribe different terms for different classes of tenancy agreements.  As discussed above, the RTR sets out in its schedule those terms that must be included in every tenancy agreement.

'''g) Implied Obligations and Usual Terms'''

(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;

* he or she delivers up the rental unit in a reasonably clean condition and in a reasonable state of repair, with exceptions for reasonable wear and tear; and

   

* he or she gives one full month’s notice in writing when terminating the agreement.

'''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.