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

Latest revision as of 20:30, 8 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2023.

A. Protecting the Tenant

A third party should accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the showing. Important: Get the landlord’s promises in writing if possible but note that landlords are not obligated to provide them in writing.

After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the RTA requires the landlord and tenant to jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report. This report notes the condition of various elements of the rental unit. It is a good idea to take photographs at the initial move-in inspection, as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within 15 days.

Fees for cable and internet should be negotiated before the tenancy commences and included in the Tenancy Agreement.

The Residential Tenancy Branch provides a fillable and printable Tenancy Agreement at https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb1_chrome.pdf.

1. Illegal Application Fees

A potential landlord cannot ask a renter or potential renter for an application fee. If someone has paid an application fee and the landlord will not give it back, one can apply for dispute resolution to have it returned. Applicants will need to know the landlord’s proper name and address and have proof that the fee was paid see RTA, s 15. If a landlord does this as a business practice, the tenant should report this to the director of the RTB, or to the RTB’s Compliance and Enforcement Unit (CEU), who can launch an investigation. (https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/compliance-and-enforcement).

B. General

A lease gives the tenant the right to use, enjoy, and dispose of the property for a fixed duration. The landlord has a freehold in reversion, allowing them to sell their property to someone else. A tenancy continues under the same terms when a rental property is sold in BC. The landlord cannot terminate a lease simply because they want to sell the property. Instead, the new owner will take over as the landlord. No new lease is required to be drafted and signed, though this may happen if both parties agree.

1. Two Methods of Creating a Tenancy Relationship

a) By Formal Contract

Although s1 of the Act defines “tenancy agreement" as an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit. Starting January 1, 2004, a landlord must prepare in writing every tenancy agreement that complies with the Act (RTA, ss 13(1), (2)). Like any valid contract, there must be an offer, acceptance, and consideration.

Vague terms of the tenancy agreement may be framed in the tenant's favour using the principle of contra proferentem (i.e., the agreement will be strictly construed against the party who provided the agreement's wording) and principles of statutory interpretation. The law seeks to recognize and validate the relationship where possible, even where the requirement for a written tenancy agreement has not been met.

b) By Implied Contract

Notwithstanding this obligation to prepare a written agreement, where there have been offers, acceptance, and some kind of meaningful consideration, the law may imply the existence of a valid tenancy agreement.

C. Contractual Nature of the Tenancy Agreement

1. Freedom of Contract and the Agreement

Parties are free to add and alter the terms, covenants, and conditions subject to common law and statute restrictions. Changes in the tenancy agreement must be in writing, signed and dated by both parties. Unilateral changes may only be enforceable if something is offered or given in return.

a) Collateral Contract The parties may enter additional or subsequent oral or written contracts on top of the tenancy agreement. If an Arbitrator determines the terms are reasonable and not unconscionable, as defined within s 3 of the RTR, new landlords or tenants that take over or enter into the same tenancy agreement would be bound by the collateral contract. A remedy for the new landlord would be found in an action against the seller. Oral collateral contracts are hard to prove. If something is important, it should be recorded in writing.

2. Terms, Covenants, and Conditions

a) Covenants/Terms

A covenant in a tenancy agreement consists of a promise by a person that a certain thing must or must not be done (the RTA eliminates the word “covenant” and uses the more modern word “term”). A “Material Term”, as used in the RTA, is a term going to the root of the relationship and the tenancy agreement. Landlords and tenants may agree to any term they wish, if it is not unconscionable or contrary to the RTA. Terms contrary to the RTA may not be identified in some cases until dispute resolution, and a tenant is free to argue that a term violates the RTA and should, therefore, be void. The Arbitrator will take this into consideration when determining reasonableness. For more information, see RTB Policy Guidelines 8: Unconscionable and Material 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 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

Parties may write their own tenancy agreement with their own terms or may use a standard form tenancy agreement to which they can add their own extra terms.

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.

d) Reasonable Terms

Changes in the RTA allow more ability to agree to any term landlords and tenants wish than the repealed Act did. However, a term of the tenancy is unenforceable if (RTA, s 6):

(a) the term is inconsistent with this RTA or the regulations;

(b) the term is unconscionable; or

(c) the term is not expressed in a manner that clearly communicates the rights and obligations under it.

See Policy Guideline 8: Unconscionable and Material Terms.

The following are also 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));
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);
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:

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.

NOTE: The RTR defines “unconscionable” for the purposes of s 6(3)(b) of the RTA as follows: a term of a tenancy agreement is “unconscionable if the term is oppressive or grossly unfair to one party”.

e) Pets

In B.C., there is no law that prevents a landlord from prohibiting pets in rental units. 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) 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, as there is no legal mechanism exempting newborn children from being considered tenants.

3. Cannabis Legalization

As of October 17, 2018, personal possession of cannabis became legal within Canada. Accordingly, changes to the RTA were implemented around growing and smoking cannabis.

If a tenancy agreement entered prior to legalization included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (RTA s 21.1 (2))

(1) For RTA s 21.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”

All existing tenancy agreements would be implied to have terms prohibiting growing cannabis unless:

(1) the tenant is growing in or on the residential property one or more cannabis plants that are medical cannabis,

(2) growing the plants is not contrary to a term of the tenancy agreement, and

(3) the tenant is authorized under applicable federal law to grow the plants in or on the residential property, and the tenant follows the requirements under that law with respect to medical cannabis.

NOTE: The RTA allows for landlords and tenants to agree upon terms in new tenancy agreements if they do not violate the RTA.

@@ Line 1: / Line 1: @@
+{{REVIEWED LSLAP | date= August 2, 2023}}
 {{LSLAP Manual TOC|expanded = landlord}}
-== A. Protecting the Tenant ==
-A third party should accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the  showing. Important: '''Get the landlord’s promises in writing if possible''', but note that landlords are '''not''' obligated to provide them in writing.
+== '''A.	Protecting the Tenant''' ==
-After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the RTA requires the landlord and tenant to  jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report. The condition inspection should focus on verifying that the plumbing, electrical and appliances work; mould, and water marks are identified; and all telephone, cable and internet connections are present and functional. The tenant should take photographs at the initial move-in inspection, as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within 15 days.
-Fees for cable and internet should be negotiated before the tenancy commences, and included in the Tenancy Agreement.
+A third party should accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the showing. '''Important: Get the landlord’s promises in writing''' if possible but note that landlords are '''not''' obligated to provide them in writing.
-The Residential Tenancy Branch provides a fillable and printable [http://www.rto.gov.bc.ca/documents/RTB-1.pdf Tenancy Agreement]. TRAC’s website has more  information as well as translations of the Tenancy Agreement forms into Punjabi, and Simplified and Traditional Chinese at http://www.tenants.bc.ca/other-languages.
+After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the RTA requires the landlord and tenant to jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report. This report notes the condition of various elements of the rental unit. It is a good idea to take photographs at the initial move-in inspection, as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within 15 days.
-== B. General ==
+Fees for cable and internet should be negotiated before the tenancy commences and included in the Tenancy Agreement.
-The “leasehold” or tenancy interest is an estate (a bundle of property rights) of limited duration, which is created and acquired by the “tenant” when a  person capable of granting that interest does so. Such a person (usually called the owner or landlord) conveys to the tenant the right of “exclusive  possession”. The interest that the landlord retains is called the “reversion”, and full possession reverts back to the landlord on the termination of the tenancy.
+The Residential Tenancy Branch provides a fillable and printable Tenancy Agreement at https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb1_chrome.pdf.
-The landlord can sell his or her reversion to someone else, who becomes the new landlord and property owner. The tenancy follows the property, not the initial owner, so a tenancy agreement is still binding on a new owner, who is responsible for repaying the initial security and/or pet damage deposit when the tenancy ends (RTA, s 93).
+=== 1.	 Illegal Application Fees ===
-=== 1. Two Methods of Creating a Tenancy Relationship ===
+A potential landlord cannot ask a renter or potential renter for an application fee. If someone has paid an application fee and the landlord will not give it back, one can apply for dispute resolution to have it returned. Applicants will need to know the landlord’s proper name and address and have proof that the fee was paid see ''RTA'', s 15. If a landlord does this as a business practice, the tenant should report this to the director of the RTB, or to the RTB’s Compliance and Enforcement Unit (CEU), who can launch an investigation. (https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/compliance-and-enforcement).
-==== a) By Formal Contract ====
+== '''B.	General''' ==
-A tenancy interest is granted by a contract known as a tenancy agreement or lease. Often the parties will enter into an express agreement (see [[{{PAGENAME}}#C. Contractual Nature of the Tenancy Agreement | Section  III.C: Contractual Nature of the Tenancy Agreement]]). The executed tenancy agreement governing the tenant’s possession may be written, or oral, or both (see the s 1 definition of “tenancy agreement”). To be enforceable, the  elements of a complete contract (offer, acceptance, and consideration) must be present (see [[Chapter 9: Consumer Protection]]).
+A lease gives the tenant the right to use, enjoy, and dispose of the property for a fixed duration. The landlord has a freehold in reversion, allowing them to sell their property to someone else. A tenancy continues under the same terms when a rental property is sold in BC. The landlord cannot terminate a lease simply because they want to sell the property. Instead, the new owner will take over as the landlord. No new lease is required to be drafted and signed, though this may happen if both parties agree.
-==== b) By Implied Contract ====
+=== 1.	 Two Methods of Creating a Tenancy Relationship ===
-Every tenancy agreement entered into on or after January 1, 2004 must be prepared in writing by the landlord (RTA, s 12(1)). Notwithstanding this obligation to prepare the agreement in writing, where a tenant is already in possession of the unit, or where rent has been paid, the law may imply the existence of a   valid tenancy agreement (see [[{{PAGENAME}}#2. Terms, Covenants, and Conditions | Section III.C.2: Terms, Covenants, and Conditions]]). This type of rental  agreement is quite common because many tenancies are entered into on the basis of an application form, or verbal consensus, without the existence of any  written contract. A “tenancy agreement” may be found to exist, notwithstanding the fact that:
+'''a)	By Formal Contract'''
-*i) there is no written tenancy agreement;
-*ii) a previously existing agreement has expired or terminated; or
-*iii) there was no previous agreement of any kind.
-If the person in possession pays rent or a deposit and the landlord accepts the payment with the intention of creating a tenancy, an agreement is created.
+Although s1 of the Act defines “tenancy agreement" as an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit. Starting January 1, 2004, a landlord must prepare in writing every tenancy agreement that complies with the Act (RTA, ss 13(1), (2)). Like any valid contract, there must be an offer, acceptance, and consideration.
-=== 2. Where Something Other than a Tenancy is Created ===
+Vague terms of the tenancy agreement may be framed in the tenant's favour using the principle of contra proferentem (i.e., the agreement will be strictly construed against the party who provided the agreement's wording) and principles of statutory interpretation. The law seeks to recognize and validate the relationship where possible, even where the requirement for a written tenancy agreement has not been met.
-An agreement or circumstances may create something other than a tenancy. A person may be a tenant at will, a tenant on sufferance, a licensee, or a mere occupant.
+'''b)	By Implied Contract'''
-An occupant or person in possession who is not a tenant has no agreement with the landlord concerning that possession or occupation. In the case of a  licensee or occupant living in a home by permission of a main tenant (when the landlord/owner lives off-site), the main tenant is responsible for all obligations, including paying rent (and utilities if required). If the licensee or occupant is sharing a kitchen or bathroom with the landlord, the parties can seek remedies in Small Claims Court.
+Notwithstanding this obligation to prepare a written agreement, where there have been offers, acceptance, and some kind of meaningful consideration, the law may imply the existence of a valid tenancy agreement.
-=== 3. Formal Requirements ===
+== '''C.	Contractual Nature of the Tenancy Agreement''' ==
-==== a) Essential Elements of the Agreement ====
-A landlord must prepare in writing every tenancy agreement entered into on or after January 1, 2004 (RTA, s 13(1)). A tenancy agreement must comply with  any requirements prescribed in the regulations and must set out all the requirements in RTA s 13(2). These requirements are available at the UBC Law Library, in the LSLAP resource files, or on the RTB website (see contact information in [[Introduction to Landlord and Tenant Law (19:I)#b) Resources and Policy Guidelines | Section I.B.1.b: Resources and Policy Guidelines]]).
+=== 1.	 Freedom of Contract and the Agreement ===
-Where these elements are absent, vague, or unclear, the agreement may be void (as a result, no interest would be created). However, if the tenant is in possession and has paid money (i.e. rent) then there is a tenancy agreement. If a tenancy has been created (i.e. the tenant has possession and is paying  rent), any vague terms of the tenancy agreement can be framed in the tenant’s favour using the principle of ''contra proferentem'' (i.e. the agreement will  be strictly construed against the party seeking to rely on the contract), and perhaps even principles of statutory interpretation. The law seeks to recognize and validate the relationship where possible, even where the requirement to have a written tenancy agreement has not been met.
-=== 4. Agreements for Lease (Also Known as Agreements to Lease, or Agreements for Tenancy) ===
+Parties are free to add and alter the terms, covenants, and conditions subject to common law and statute restrictions. Changes in the tenancy agreement must be in writing, signed and dated by both parties. Unilateral changes may only be enforceable if something is offered or given in return.
-“Agreements for tenancy” are executory contracts in which the lessor promises that he or she and the lessee will enter into a written tenancy agreement at  a later date. For an executory contract to have effect, generally the agreement must be in writing and must contain the essential elements of a lease. While the law states that the agreement must be in writing, this requirement is not always enforced. Consequently oral agreements may be considered valid. Also, the payment of money may point to the fact that a contract has been entered into. It should be noted that since this is simply an agreement to agree,  the RTA does not yet apply. At this point, any money paid is a processing fee, holding deposit, or administration fee. Section 15 of the RTA prohibits  fees to consider or process an application for tenancy.
+'''a) Collateral Contract'''
+The parties may enter additional or subsequent oral or written contracts on top of the tenancy agreement. If an Arbitrator determines the terms are reasonable and not unconscionable, as defined within s 3 of the RTR, new landlords or tenants that take over or enter into the same tenancy agreement would be bound by the collateral contract. A remedy for the new landlord would be found in an action against the seller. Oral collateral contracts are hard to prove. '''If something is important, it should be recorded in writing.'''
-If the money paid is part payment of rent or the security deposit (as distinct from a processing fee, holding deposit or administration fee), it is important to clearly identify that on the receipt at the time of payment (see definition of a security deposit). Until the tenant comes into possession,  he or she has only a contractual interest, which applies only to “tenancy agreements”. Thus, failure to give the tenant possession is a breach of contract and not a violation of a property interest or breach of a tenancy covenant. When the tenant acquires possession, the agreement for lease is treated as a  lease agreement, and the court may order the lessor to execute a lease (specific performance): see ''Horse and Carriage Inn Ltd. v. Baron'', [1975] 53 DLR (3d) 426 (BCSC). Recording the initial exchange of money as “rent”or as “security deposit” is important to create a basic tenancy agreement in situations where there is only an “agreement to agree” in place, and where the tenant is not yet in possession of the rental unit.
+=== 2.	 Terms, Covenants, and Conditions ===
-== C. Contractual Nature of the Tenancy Agreement ==
+'''a) Covenants/Terms'''
-=== 1. Freedom of Contract and the Agreement ===
+A covenant in a tenancy agreement consists of a promise by a person that a certain thing must or must not be done (the RTA eliminates the word “covenant” and uses the more modern word “term”). A “Material Term”, as used in the RTA, is a term going to the root of the relationship and the tenancy agreement. Landlords and tenants may agree to any term they wish, if it is not unconscionable or contrary to the RTA. Terms contrary to the RTA may not be identified in some cases until dispute resolution, and a tenant is free to argue that a term violates the RTA and should, therefore, be void. The Arbitrator will take this into consideration when determining reasonableness. For more information, see RTB Policy Guidelines 8: Unconscionable and Material Terms.
-Throughout the establishment and duration of the agreement, the parties are generally free to add and alter the terms, covenants and conditions as they see fit – subject to restrictions imposed by common law and statute (e.g. prohibition of contracts for an illegal purpose, '''unconscionable terms''', or contracts in restraint of trade). The RTA and MHPTA both restrict parties from contracting out of requirements of those Acts and from adopting terms that are contrary to the Acts. The changes in the tenancy agreement must be in writing, and be signed and dated by both parties. Some requirements, such as locks on  doors, are automatically included in every tenancy agreement even if the tenancy agreement does not specifically mention them. A unilaterally altered or newly included term may be unenforceable where there is no consideration for it.
+'''b) Express, Implied and Statutory Terms'''
-==== a) Collateral Contract ====
+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 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.
-The parties may enter into additional or subsequent oral or written contracts, separate from the tenancy agreement, that involve a change in the way the terms of the tenancy agreement are carried out (e.g. agreement by the tenant to do repairs in return for paying a reduced amount of rent). The terms of  the tenancy agreement still exist; they must be performed as stipulated when the collateral contract is fully performed or is otherwise terminated (e.g.  one party dies or goes away). If an Arbitrator determines the terms are reasonable and not unconscionable, as defined within s 3 of the RTR, any purchaser of the reversion will be bound by the former owner’s collateral contract. A remedy for the new landlord would be found in an action against the seller.  Generally speaking, oral collateral contracts are hard to prove. If something is important, it should be recorded in writing.
+'''c) Express Terms'''
-=== 2. Terms, Covenants, and Conditions ===
+Parties may write their own tenancy agreement with their own terms or may use a standard form tenancy agreement to which they can add their own extra terms.
-==== a) Covenants and Conditions ====
+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.
-A covenant in a tenancy agreement consists of a promise by a person that a certain thing must or must not be done (the RTA eliminates the word “covenant” and uses the more modern word “term”). A “Material Term”, as used in the RTA, is a term going to the root of the relationship and the tenancy agreement.  Landlords and tenants may agree to any term they wish, as long as it is not unconscionable or contrary to the RTA. Terms contrary to the RTA may not be  identified in some cases until dispute resolution, and a tenant is free to argue that a term violates the RTA and should therefore be void. The Arbitrator will take this into consideration when determining reasonableness. For more information, see RTB Policy Guidelines 8: Unconscionable and Material Terms.
+'''d) Reasonable Terms'''
-A condition creates an obligation that arises in the event a certain thing does or does not happen. “Conditions precedent” are conditions that must be  performed or satisfied before other obligations arise. “Conditions subsequent” cause existing obligations to cease when the conditions subsequent occur or are satisfied.
+Changes in the ''RTA'' allow more ability to agree to any term landlords and tenants wish than the repealed Act did. However, a term of the tenancy is unenforceable if (''RTA'', s 6):
-==== b) Express, Implied and Statutory Terms ====
+:(a) the term is inconsistent with this ''RTA'' or the regulations;
+:(b) the term is unconscionable; or
+:(c) the term is not expressed in a manner that clearly communicates the rights and obligations under it.
-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 Section III.C.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 Parties may write their own tenancy agreement with their own terms, or may use a standard  form  tenancy  agreement  to  which  they  can  add  their  own  extra  terms. Parties may also adopt a lease in conformity with the Land Transfer Form Act, RSBC 1996, c 252, p 2. 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. For residential tenancies, the following express terms are void and unenforceable: a  term  purporting  to  hold  that  the  RTA  does  not  apply  to  the  agreement  (s 5(1)); 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)).            Some included requirements of the RTA state that the tenant: must    maintain    reasonable    health,    cleanliness,    and    sanitary    standards throughout the rental unit and other areas of the property to which the tenant has access; shall  not  assign  or  sublet  without  the  landlord’ s  written  consent,  where  the agreement is for a period of six months or more; and shall not pay more than one-half of one month’ s rent for each of the security deposit and/or pet damage deposit. 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 separate consideration.
+See Policy Guideline 8: Unconscionable and Material Terms.
+The following are also 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));
+* 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);
+* 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:
+:* 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.
+:'''NOTE:''' The RTR defines “unconscionable” for the purposes of s 6(3)(b) of the ''RTA'' as follows: a term of a tenancy agreement is “unconscionable if the term is oppressive or grossly unfair to one party”.
+'''e) Pets'''
+In B.C., there is no law that prevents a landlord from prohibiting pets in rental units. ''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) 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, as there is no legal mechanism exempting newborn children from being considered tenants.
+=== 3.	 Cannabis Legalization ===
+As of October 17, 2018, personal possession of cannabis became legal within Canada. Accordingly, changes to the ''RTA'' were implemented around growing and smoking cannabis.
+*If a tenancy agreement entered prior to legalization included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (''RTA'' s 21.1 (2))
+::(1) For ''RTA'' s 21.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”
+*All existing tenancy agreements would be implied to have terms prohibiting growing cannabis unless:
+::(1) the tenant is growing in or on the residential property one or more cannabis plants that are medical cannabis,
+::(2) growing the plants is not contrary to a term of the tenancy agreement, and
+::(3) the tenant is authorized under applicable federal law to grow the plants in or on the residential property, and the tenant follows the requirements under that law with respect to medical cannabis.
+:'''NOTE:'''  The RTA allows for landlords and tenants to agree upon terms in new tenancy agreements if they do not violate the RTA.
+{{LSLAP Manual Navbox|type=chapters15-23}}