A tenancy agreement is designed to protect both landlords and tenants, but in British Columbia, not every clause is enforceable. The Residential Tenancy Act (RTA) takes precedence over the lease, and any term that conflicts with it is void — even if both parties sign.

Here’s what landlords should (and shouldn’t) include.

What BC Landlords Can Include:

• Rent details: amount, due date, and accepted payment methods
• Deposits: security deposit (up to ½ month’s rent) and pet deposit if applicable
• Tenancy term: fixed-term or month-to-month, with lawful start and end dates
• Utilities: what’s included and what the tenant pays
• Tenant responsibilities: cleanliness, noise, reporting maintenance issues
• Strata bylaws: for condos and townhomes, tenants must follow strata rules

What BC Landlords Can’t Include:

• Clauses that waive tenant rights under the RTA
• Illegal fees like move-in, move-out, or application fees
• Unlawful rent increases or automatic future increases
• Blanket “no guests” rules that interfere with normal use
• Shifting major maintenance (plumbing, heat, structure) to tenants

Many landlords rely on online lease templates or agreements from other provinces, but in British Columbia this can create real risk. If a dispute arises, the Residential Tenancy Branch will look to the Residential Tenancy Act, not the wording of your tenancy agreement.

If you’re unsure whether a clause is enforceable, reviewing the Residential Tenancy Act before signing is strongly recommended.

Want more clarity on what’s allowed in a BC tenancy agreement? Contact us at info@brixpm.ca