Residential Tenancies Act
Selecting prospective tenants
10. In selecting prospective tenants,
landlords may use, in the manner prescribed in the regulations made under the Human Rights Code,
income information, credit checks, credit references, rental history, guarantees, or
other similar business practices as prescribed in those regulations. 2006, c. 17, s. 10.
Information to be provided by landlord
11. (1) If
a tenancy agreement is entered into, the landlord shall provide to the tenant
information relating to the rights and responsibilities of landlords and
tenants, the role of the Board and how to contact the Board. 2006, c. 17, s. 11 (1).
(2) The information shall be provided to the tenant on or before the date the
tenancy begins in a form approved by the Board. 2006, c. 17, s. 11 (2).
Name and address in written agreement
12. (1) Every written tenancy agreement entered into
on or after June 17, 1998 shall set out the legal name and address of the
landlord to be used for the purpose of giving notices or other documents under
this Act. 2006, c. 17, s. 12 (1).
Copy of tenancy agreement
(2) If a tenancy agreement entered into on or after June 17, 1998 is in writing, the
landlord shall give a copy of the agreement, signed by the landlord and the
tenant, to the tenant within 21 days after the tenant signs it and gives it to
the landlord. 2006, c. 17, s. 12 (2).
Notice if agreement not in writing
a tenancy agreement entered into on or after June 17, 1998 is not in writing,
the landlord shall, within 21 days after the tenancy begins, give to the tenant
written notice of the legal name and address of the landlord to be used for
giving notices and other documents under this Act. 2006, c. 17, s. 12 (3).
Failure to comply
(4) Until a landlord has complied with subsections (1) and (2), or with
subsection (3), as the case may be,
(a) the tenant's obligation to pay rent is suspended; and
(b)'the landlord shall not require the tenant to pay rent. 2006, c. 17, s. 12 (4).
the landlord has complied with subsections (1) and (2), or with subsection (3),
as the case may be, the landlord may require the tenant to pay any rent
withheld by the tenant under subsection (4). 2006, c. 17, s. 12 (5).
Commencement of tenancy
13. (1) The term or period of a tenancy begins on the
day the tenant is entitled to occupy the rental unit under the tenancy agreement. 2006, c. 17, s. 13 (1).
Actual entry not required
(2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental
unit, whether or not the tenant actually occupies it. 2006, c. 17, s. 13 (2).
"No pet" provisions void
14. A provision in a tenancy agreement prohibiting the presence of
animals in or about the residential complex is void. 2006, c. 17, s. 14.
Acceleration clause void
15. A provision in a tenancy agreement providing that all or part of the
remaining rent for a term or period of a tenancy or a specific sum becomes due
upon a default of the tenant in paying rent due or in carrying out an obligation is void. 2006, c. 17, s. 15.
16. When a landlord or a tenant becomes liable to pay any amount
as a result of a breach of a tenancy agreement, the person entitled to claim the amount has
a duty to take reasonable steps to minimize the person's losses. 2006, c. 17, s. 16.
17. Except as otherwise provided in this Act, the common law
rules respecting the effect of a serious, substantial or fundamental breach of a material
covenant by one party to a contract on the obligation to perform of the other party apply
with respect to tenancy agreements. 2006, c. 17, s. 17.
Covenants running with land
18. Covenants concerning things related to a rental unit or the
residential complex in which it is located run with the land, whether or not the things are
in existence at the time the covenants are made. 2006, c. 17, s. 18.
19. The doctrine of frustration of contract and the Frustrated
Contracts Act apply with respect to tenancy agreements. 2006, c. 17, s. 19.
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