Each rental agreement, whether oral or written, is presumed to contain certain basic rights and responsibilities under the Residential Tenancies Act, 2018. These conditions are called statutory conditions and must be followed –even if the lease says otherwise. A condition in the rental agreement that is contrary to any of these statutory conditions has no legal effect.
Below is a list of the statutory conditions as found verbatim in section 10 of the RTA:
The Obligation of the Tenant
The tenant shall keep the premises clean, and shall repair damage caused by a willful or negligent act of the tenant or of a person whom the tenant permits on the premises.
The tenant may assign, sublet or otherwise part with possession of the premises subject to the consent of the landlord, and the landlord shall not arbitrarily or unreasonably withhold consent and shall not levy a charge in excess of expenses actually incurred by the landlord in relation to giving consent.
Mitigation on Abandonment
Where the tenant abandons the premises, the landlord shall mitigate damages that may be caused by the abandonment to the extent that a party to a contract is required by law to mitigate damages.
Entry of Premises
Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless:
- Notice of termination of the rental agreement has been given and the entry is at a reasonable time for the purpose of exhibiting the premises to a prospective tenant or purchaser and a reasonable effort has been made to give the tenant at least 4 hours notice;
- The entry is made at a reasonable time and written notice of the time of the entry has been given to the tenant at least 24 hours in advance of the entry; or
- The tenant has abandoned the premises under section 31.
Except by mutual consent, neither the landlord nor the tenant shall, during the use or occupancy of the premises by the tenant, alter a lock or locking system on a door that gives entry to the premises.
- The tenant shall not unreasonably interfere with the rights of a landlord or other tenants in the premises, a common area or the property of which they form a part.
- The landlord shall not unreasonably interfere with the tenant’s peaceful enjoyment of the premises, a common area or the property of which they form a part.
Disconnection of Services
- A landlord or tenant shall not, without the written consent of the other party to the rental agreement, disconnect or cause to be disconnected heat, water or electric power services being provided to the premises.
- Where a landlord and tenant enter into a written rental agreement, the conditions set out in subsection (1) shall be reproduced in the agreement without variation or modification.