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.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)Residential Tenancy Agreement]. 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 *a term purporting to hold that the RTA does not apply to the agreement (s 5(1)); that *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 *that the landlord can seize the tenant’ s tenant’s personal property for rent owing (s 26(3)(a)).  Some included requirements of the RTA state that the tenant: must *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 *shall not assign or sublet without the landlord’ s landlord’s written consent, where the agreement is for a period of six months or more; and shall *shall not pay more than one-half of one month’ s 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. ==== 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 tenancy is unenforceable if (RTA, s 6): a)the term is inconsistent with this RTA or the regulations; b)the term is unconscionable; or 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”. 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. e)Pets In which 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. In order to keep a pet one needs to have a term in one’ s tenancy agreement that allows pets. If a tenancy agreement doesn’ t allow pets and a clause tenant gets one anyway, the landlord can requiring tell the tenant to perform remove it. If the tenant refuses, the landlord may be able repairs to give an effective eviction notice. RTA, s 18 is subject to the rights and restrictions under binding the Guide Animal ActRSBC 1996, c 177, s 4, which states that landlords must not deny tenancy or impose discriminatory terms on a person with a disability who intends to keep a guide animal in the rental unit. (1)New Pet: Where Permitted The landlord and tenant together must inspect the condition of the rental unit on or before the day the tenantstarts keeping a pet or on another mutually agreed day where the landlord permits the tenant to keep a pet after the start of a tenancy (RTA, so long as there is separate consideration 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(1)). The landlord can request a pet damage deposit not 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