contract-law canada residential-lease british-columbia
Can the Resedential Tennancy Act be included in situations where it wouldn&#39;t normally apply?
<p>The Residential Tenancy Act list situations when it would naturally apply and when it would not.</p>

<p>From <a href="http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2" rel="nofollow noreferrer">http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2</a></p>

<blockquote>
  <p>What this Act does not apply to</p>
  
  <p>4   This Act does not apply to</p>
  
  <p>(a) living accommodation rented by a not for profit housing
  cooperative to a member of the cooperative,</p>
  
  <p>(b) living accommodation owned or operated by an educational
  institution and provided by that institution to its students or
  employees,</p>
  
  <p>(c) living accommodation in which the tenant shares bathroom or
  kitchen facilities with the owner of that accommodation,</p>
  
  <p>...</p>
  
  <p>This Act cannot be avoided</p>
  
  <p>5   (1) Landlords and tenants may not avoid or contract out of this
  Act or the regulations.</p>
</blockquote>

<p>In the situations that it wouldn't normally apply, could it be included? For example could the lease/contract/addendum contain the clause "the residential tenancy act applies" and even if one of the conditions listed under section 4 is met, the rules of RTA would apply?</p>

<h2>No</h2>

<p>A law applies where parliament (and the courts) say it does. A court would read those exclusions and if your agreement falls within them then the Act does not apply.</p>

<h2>Contract Terms</h2>

<p>You could refer in provisions of the Act as contract terms. Breaching them would then be a breach of contract but would not expose the breacher to penalties from the State (because the law still doesn't apply).</p>

<p><strong>However,</strong> there are almost certainly <em>other</em> laws that apply to the exceptions and your contract can't breach those laws - they are likely incompatible with this Act in any case. </p>
