Agreement Page 3

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The Rental Agreement: Part Three

Section By Section

The following is for information only and should not be taken as law.
Please refer to the appropriate jurisdiction in your area.

Most important to a Rental or Lease Agreement is that:-

 – IT IS IN WRITING! –

Regardless of what the renter, landlord or agent infers, implies or says, it ain't so unless it is in writing; signed, sealed and delivered. Hand shake agreements are only for honest people and crooks.

Tenant's obligations:

20. The tenant must maintain reasonable health, cleanliness and sanitary standards throughout the rental unit and the other residential property to which the tenant has access. The tenant must take the necessary steps to repair damage to the residential property caused by the actions or neglect of the tenant or a person permitted on the residential property by the tenant.

a)The tenant is not responsible for reasonable wear and tear to the residential property.

Here is an area of definition. What or who defines reasonable health, cleanliness and sanitary standards? Does this only apply to the material components of the rental unit, ie: plumbing, electrical, etc. or does it apply to the general housekeeping of the unit? How and how far can the landlord prescribe a regimen to ensure reasonable health, cleanliness and sanitary standards.

Secondly: Most landlords don't want their tenants taking ‘the necessary steps to repair damage to the residential property’ if that means they can repair things on their own which this clause tends to imply. The only necessary step that should be required is to inform the landlord in timely fashion.

2. If the tenant does not comply with the above obligations within a reasonable time, the landlord may discuss the matter with the tenant and may seek a monetary order through arbitration under the Residential Tenancy Act for the cost of repairs, serve a notice to end a tenancy, or both.

Emergency Repairs:

a)The landlord must post and maintain in a conspicuous place on the residential property, or give to the tenant in writing, the name and telephone number of the designated contact person for emergency repairs.

b)If emergency repairs are required, the tenant must make at least two attempts to telephone the designated contact person, and then give the landlord reasonable time to complete the repairs.

c)If the emergency repairs are still required, the tenant may undertake the repairs, and claim reimbursement from the landlord, provided a statement of account and receipts are given to the landlord. If the landlord does not reimburse the tenant as required, the tenant may deduct the cost from rent. The landlord may take over completion of the emergency repairs at any time.

d)Emergency repairs must be urgent and necessary for the health and safety of persons or preservation or use of the residential property and are limited to repairing

i)major leaks in pipes or the roof,

ii)damaged or blocked water or sewer pipes or plumbing fixtures,

iii)the primary heating system,

iv)damaged or defective locks that give access to a rental unit, or

v)the electrical systems.

There should be no argument with the intent of this clause, that the landlord is urgently responsible to maintain the property to health and safety standards. The clause ‘the tenant may undertake the repairs’, leaves open the tenant to do the repairs him/herself. The tenant should have the right to call a qualified professional to undertake the emergency repairs if the landlord is tardy in his/her obligations and be reimbursed by the landlord.

Occupants and Guests

21. The landlord must not stop the tenant from having guests under reasonable circumstances in the rental unit.
22. The landlord must not impose restrictions on guests and must not require or accept any extra charge for daytime visits or overnight accommodation of guests.
23. If the number of occupants in the rental unit is unreasonable, the landlord may discuss the issue with the tenant and may serve a notice to end a tenancy. Disputes regarding the notice may be resolved through arbitration under the Residential Tenancy Act.

To prevent any dispute as to what constitutes unreasonable number of occupants, add a maximum number of occupants for this tenancy at signing.

Locks

24. The landlord must not change locks or other means of access to residential property unless the landlord provides each tenant with new keys or other means of access to the residential property.
25. The landlord must not change locks or other means of access to a rental unit unless the tenant agrees and is given new keys.
26. The tenant must not change locks or other means of access to

1. common areas of residential property, unless the landlord consents to the change, or
2. his or her rental unit, unless the landlord consents to, or an arbitrator has ordered, the change.

This clause is fair to both tenant and landlord but should be amended to: must not change locks or other means of access to or add locks or other means of access to, nor by any means impair emergency access to …

Landlord's Entry Into Rental Unit

27. For the duration of this tenancy agreement, the rental unit is the tenant's home and the tenant is entitled to quiet enjoyment, reasonable privacy, freedom from unreasonable disturbance, and exclusive use of the rental unit.
28. The landlord may enter the rental unit only if one of the following applies:

1. at least 24 hours and not more than 30 days before the entry, the landlord gives the tenant a written notice which states
2. the purpose for entering, which must be reasonable, and

ii) the date and the time of the entry, which must be between 8 a.m. and 9 p.m. unless the tenant agrees otherwise;

2. there is an emergency and the entry is necessary to protect life or property;
3. the tenant gives the landlord permission to enter at the time of entry or not more than 30 days before the entry;
4. the tenant has abandoned the rental unit;

e)the landlord has an order of an arbitrator or court saying the landlord may enter the rental unit;

6. the landlord is providing housekeeping or related services and the entry is for that purpose and at a reasonable time.

29. The landlord may inspect the rental unit monthly in accordance with subsection (2) (a).
30. If a landlord enters or is likely to enter the rental unit illegally, the tenant may apply for an arbitrator's order under the Residential Tenancy Act, to change the locks, keys or other means of access to the rental unit and prohibit the landlord from obtaining entry into the rental unit. At the end of the tenancy, the tenant must give the key to the rental unit to the landlord.

This clause is fair to both tenant and landlord.

In sub-section “If a landlord enters or is likely to enter the rental unit illegally,” what constitutes illegal entry? Contravention of one of the entry clauses. This is a matter of law protecting the privacy of the individual. The tenant must prove that the landlord has entered the unit illegally and tougher yet, must prove that the landlord is ‘likely’ to enter the unit illegally. A one time offense on part of the landlord should have a misdemeanor consequence.

If the landlord is proven to be in the habit of entering units illegally; then for what purpose? A landlord with a track record of illegal entry or proven illegal intentions should be barred from being a landlord or a landlord's agent.

Take this a step further. Any landlord, property management company, or property owner who's practices foster an undue abundance of legitimate tenant complaints, should be barred from ownership or management of property for lease or rent including strata titled property.

.<> That's enough for page Three; Go to Agreement Part Four