Tenancy Law and the Residential Tenancy Act
Sources of Obligations
Residential tenancy law blends statute, regulation, and the written tenancy agreement. The Residential Tenancy Act (or its provincial equivalent) sets minimum standards that the parties cannot contract out of. A candidate must know the concepts of a valid tenancy agreement, the requirement that it be in writing in many jurisdictions, the standard terms, and the rule that a term contrary to the Act is unenforceable.
Rent, Deposits, and Increases
Understand lawful rent, the notice required for a rent increase, the frequency limit, and the rules on security and pet deposits. A common trap is confusing a damage deposit with a pet deposit, or assuming a deposit may be used as last month's rent without the tenant's agreement. Another trap is a rent increase imposed without proper notice; the increase is ineffective.
Ending a Tenancy
Know the difference between termination for cause (non-payment, breach, illegal activity) and no-fault termination (owner's use, demolition, major renovation). Understand notice periods, the dispute-resolution process, and the consequences of an unlawful eviction. Questions often test whether notice must be in the prescribed form and how it is served.
Condition and Repair
Landlords must maintain the unit in a state of repair and fitness for habitation. Tenants must keep the unit reasonably clean. A trap is assuming a tenant waives repair rights by signing an inspection report.
Rule of Thumb
When a question describes a term that reduces a statutory tenant right, the answer is usually that the term is void.