Terms/Limits on What May be Included in a Lease
Every written tenancy agreement has to include the following statement in larger print than the rest of the agreement:
- The tenancy created by this agreement is governed by the Residential Tenancies Act and if there is a conflict between the agreement and the Act, the Act prevails.
If your tenancy agreement is covered by the Residential Tenancies Act, there are some limitations on what you can agree to. If your agreement is not covered by the Act, you can agree to anything provided it is not illegal.
If the Residential Tenancies Act (RTA)applies to the lease, there are items that are automatically implied whether or not they are included by you and your landlord.
| For example, the Act sets out minimum periods of notice that must be given to end a tenancy by you or the landlord. Even if you do not mention notice periods in your lease agreement, the periods of notice required by the Act will still apply. |
There are other important aspects of renting property that are not covered by the RTA.
It is possible for you and the landlord to agree to allow for more than the minimum requirements of the Act and to state that in your agreement. Have a look at the suggested checklist of minimum terms.
| For example, under normal circumstances, the Act requires that the landlord must give you three months notice to leave if you have a monthly periodic tenancy. If you and your landlord agree, the lease might say that four months notice is required, that being greater than the minimum requirement. However, if the agreement allowed for a shorter notice period than required by the Act,—e.g. two months notice—the time set out in the Act (three months) would still apply. |
When you and your landlord are making your agreement, it is a good idea to deal with matters that are not covered by the Act, e.g. who is responsible for repairs.
May 2005