A property manager discovers that a residential tenancy agreement contains a clause stating 'tenant waives all rights to dispute bond deductions.' What is the legal status of this clause?
Correct Answer
C) Void, because a tenancy agreement cannot exclude the tenant's statutory rights.
Clauses that attempt to exclude or limit tenants' statutory rights under residential tenancy legislation are void and unenforceable. Tenants cannot waive their right to dispute bond claims, as this protection is fundamental to the legislative framework and cannot be contracted out of.
Why This Is the Correct Answer
Residential tenancy laws apply despite any term to the contrary. A clause that tries to remove the tenant's right to dispute a bond claim is void, and the tenant can still have the claim decided by the tribunal.
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