1 Topic: Tenancy Agreement Report Tushar Herma Sault College BCG-204 Business Law Instructor- Edivania Soares 3, March 2025 2 Topic: Tenancy Agreement Report Introduction A legally enforceable contract that specifies the rights and obligations of the landlord and the tenant is called a tenancy agreement. This study identifies important provisions, possible omissions, and their effects on both parties by critically analysing a lease agreement that was received for examination Key Clauses and their Implications 1. Rent and payment Terms: Rent control regulations, which restrict how much a landlord can raise rent each year, are in place in several jurisdictions, such as Ontario. Tenants might not be aware of their rights if this section does not address rent increase regulations. 2. Security Deposit: Landlords are not permitted to collect a security deposit in amounts greater than the rent from the previous month in provinces such as Ontario. Local regulations may render the agreement unenforceable if it calls for a damage deposit. 3. Maintenance and repairs: Details on emergency repair protocols should preferably be included in the agreement. Tenants should exercise caution if the lease assigns them 3 an excessive amount of maintenance duty because landlords are required by law to provide liveable conditions. 4. Use of premises and restriction: Some provinces, like British Columbia and Ontario, permit pet ownership by renters unless the building has certain restrictions. This clause might not be enforceable in court if it expressly forbids pets. 5. Termination and renewal: Clear rules about subletting or early lease termination could be absent from some agreements. Tenants who must relocate before the lease's expiration date should confirm whether they can assign their lease to another individual. Missing or surprising elements 1. Dispute Resolution: Many contracts are vague about what occurs in the event of problems over maintenance, rent, or eviction threats. Mediation could spare both parties from expensive court cases. 2. Tenant privacy rights: In most provinces, landlords must give written notice before entering a rental property. Without this provision, tenants might not be aware of their right to privacy. 4 Legal and practical implications 1. For tenants: Tenants should verify that the agreement conforms with legislation by consulting the provincial tenancy laws. When privacy, maintenance, and dispute resolution clauses are absent, they may be more susceptible to landlord decisions. 2. For landlords: A properly drafted lease shields landlords from misconceptions and legal dangers. In the absence of explicit stipulations, disagreements over rent, deposits, or property conditions could occur.
