An alternative to using a rental price modification clause would be to use a shorter contract, terminate the tenancy agreement under the old terms and give the tenant the choice to accept a new lease, including rent and all other conditions as offered, or to evacuate at the end of the previous contract. Concepts that exclude or limit liability “to the extent permitted by law,” or “except as prohibited by law,” are also abusive. Not only unfair, they are not clear – the average tenant will not understand the status that relates to leases The guide for leases taken on October 1, 2015 is:[14] This is the last blog in the four-part series to understand your rental agreement! When it comes to a rental agreement, tenants are often faced with the fait accompli. Some landlords and landlords hand over the document to the tenant and expect it to be signed without an argument, despite the fact that, like […] If the tenancy agreement allows the landlord to enter the property without the tenant`s consent, except for a good reason (z.B. in case of emergency or to the property inspected with reasonable announcement), the clause may be unfair. The regulations contain an “indicative and non-exhaustive list” of contractual clauses that may be considered abusive. The terms quoted refer to the “consumer” and the “seller/supplier” – in the context of the leases, the consumer is the tenant and the supplier the owner. The list contains conditions that: [5] Guaranteed short-term leases are subject to unfair clauses in contracts with consumers in 1999. The lease is a form of consumer contract and, as such, must be done in clear and understandable language. It must not contain clauses that could be “unfair.” This means, for example, that the lease does not put you or your landlord in an unfavourable position, should not allow a party to change the terms unilaterally and without good reason, or to bind you irrevocably to conditions with which you did not have time to administer yourself. An abusive clause is not valid by law and cannot be enforced. The essential terms of the lease (the conditions under which the rent, the details of the property and the duration of the lease are fixed) must not be fair as long as they are “transparent” – as above, this means that they must be in clear and understandable language.

[6] They may, however, be questioned in respect of aspects that do not concern matters that concern the substance of the treaty. For example, the concept of rent setting cannot be unfair simply because it sets a higher rent than other landlords, but it may be unfair because of the nature and date of the rent payment. There are a number of ways to challenge a clause in a signed agreement: This is the latest blog in the four-part series to understand your lease! Make your chord easy to read: Print it on white paper and use a large clear writing area. Avoid the use of coloured text, unnecessary images or logos, or unusual fonts. What an agreement says and what the lease really is may be different. For example, your landlord may say that the contract is not a lease, but an “occupancy license.” The fairness or nullity of a clause can only be assessed in the context of all the circumstances associated with the agreement. [3] One form of words that is considered acceptable in one agreement is not necessarily fair in another.