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{{LSLAP Manual TOC|expanded = landlord}}
==5B. Hotel Tenants and LandlordsGeneral==Hotel tenants are fully covered by the RTA if the hotel is the tenants’ primary residence. There are a few rules that apply only to hotel tenants and landlords, namely:
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.==2. Non-Profit Housing Co-OperativesTerms, Covenants, and Conditions=====a) Covenants and Conditions===
*whether that the tenancy is landlord can seize the tenant’s personal property for a fixed, short, term*whether participation in programming rent owing (s 26(for example, in relation to mental health or substance use3) is (a condition of the tenancy*whether there are rules governing conduct while in the housing, including rules about behaviour or guests)).
*People living in accommodations owned or operated by educational institutions if must maintain reasonable health, cleanliness, and sanitary standards throughout the institution provides rental unit and other areas of the accommodation property to its studentswhich the tenant has access;
*People covered by shall not assign or sublet without the Community Care Facility Act, SBC 2002landlord’s written consent, c 75; where the Continuing Care Act, SBC 1996, c 70; the Hospital Act, RSBC 1996, c 200agreement is for a period of six months or more; or the Mental Health Act, RSBC 1996, c 288.and
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 where the landlord permits the tenant to keep a pet after the start of a tenancy (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(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====
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 and conducts him or herself in a manner consistent with protecting the landlord’s rights and interests;
*he or she delivers up the rental unit in a reasonably clean condition and in a reasonable state of repair, reasonable wear and tear excepted; and
*he or she gives one full month’s notice in writing when terminating the agreement. (see Section IX.B.1: Form and Basic Requirements).
====(3) Court-Implied Terms====
The usual terms that a court may insert in a tenancy agreement, where express provision is lacking and statutory terms do not apply, include a tenant’s undertaking:
*to pay rent;
*to pay taxes and utilities not payable by the landlord assigned to them in the tenancy agreement; and
*to keep and deliver up the rental unit in good repair.
===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.
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