The prescribed standard form lease is consistent with the Residential Tenancies Act and effective in protecting the rights and obligations of both landlords and tenants, however, the Act also allows for Special Conditions to be inserted into these leases. Real estate agents need to be careful when inserting special conditions as some terms are prohibited by the act. Some prohibited terms include clauses requiring tenants to take out their own contents insurance, terms imposing penalties for late rent, terms which mandate that a tenant is required to use a specific tradesperson. Caution though is advised as the decisions of the Tribunal are not binding and are only persuasive in nature so there can be no guarantee that the same decision regarding these terms will be made in your particular instance.
Please watch our short video for further information on the special conditions which can and cannot be inserted into residential leases.