When renting real estate, the person(s) or party who lives in or occupies the real estate is often called a tenant, paying rent to the owner of the property, often called a landlord (or landlady). The real estate rented may be all or part of almost any real estate, such as an apartment, house, building, business office(s) or suite, land, farm, or merely an inside or outside space to park a vehicle, or store things all under real estate law.
This Agreement, including all attachments (if any), constitutes the entire agreement between the parties supersedes all previous negotiations, agreements and commitments whether written or oral with respect to this tenancy. Any modification of this Agreement shall be in writing and shall be signed by each party. There are no understandings, representations or warranties except as herein expressly set forth and no rights are granted except as expressly set forth herein.
If you are planning to sublet your place its important to know that you remain entirely responsible for the obligations of the lease. That said, you can draw up a sublease form by using a standard lease form and fill it out as the landlord. Let your landlord know you are planning to sublet your place and notify them of your sub-tenant nomination. They are allowed to refused the sub-tenant provided they offer serious explanations. A sublet is a sublet (versus assigning a lease) only if you expect to return afterwards.
When you've taken the time to read through the lease thoroughly (don't let the landlord rush you!), check to see that the lease mentions which province will regulate this agreement. Then validate the document with the date and your name and signature (make sure the landlord signs it too!). Keep a copy for your files, and don't hand any money over until you actually sign the lease.
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Please note: in some jurisdictions, a landlord is not allowed to ask for a security deposit. In other jurisdictions, a landlord may require both a security deposit and other types of deposits (for example, a pet damage deposit). You should review the governing legislation for the location of the property to make sure the type of deposit is allowable.
While technically considered an occupant, pets are not a landlord’s best friend. Even if they are allowed on the property, the landlord should state exactly which types are allowed so that an “organic” tenant doesn’t have farm animals on the premises. Furthermore, it’s recommended that the landlord place a maximum weight the animal may be for liability (dangerous dogs tend to be larger) and damage to the premises.
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A: In the event the Tenant defaults by any reason other than failing to pay rent (i.e. having a pet if not permitted or breaking any other rule specified in the Agreement), the Landlord may give written notice to the Tenant to terminate the agreement. Specify the number of days’ written notice the Landlord will give to the Tenant before terminating the agreement. The notice period can vary by state so we recommend you check your local laws.
4. Is the apartment in bad shape? A tenant may be able to get out of a lease if the apartment is in a sub-standard state and repeated attempts to have repairs made have been ignored. Sub-standard could mean poor maintenance of the building and/or unit, public health concerns like water and mould, or harassment of a tenant by a landlord. In this case, as long as you have proof, the tenant board can order an end to the tenancy because “the landlord has not met their obligations.”
Additional occupants: The agreement may include a term restricting the number of occupants in a rental unit or requiring the landlord’s permission before additional occupants can live in the rental unit. If additional occupants are added, a landlord can only increase the rent if the tenancy agreement includes a term allowing the rent to vary based on the number of occupants or the parties all agree to sign a new tenancy agreement.
In most jurisdictions, there is a minimum period of notice required by statute. The lease can specify a notice period longer than the legal minimum, but it cannot specify a period shorter than the legal minimum. If it does, the legal minimum notice will still be required. You should consult the governing statute for these legal minimums as they will vary according to jurisdiction and the type and length of the lease. To review the legislation on the notice period, check the links under the location of property area on the questions page.
Tenancy Agreements: A tenancy agreement is a contract between a landlord and tenant that outlines the terms of the tenancy – it’s an important legal document. These tenancy agreement templates accurately reflect the Residential Tenancy Act and the Manufactured Home Park Tenancy Act, as well as any accompanying regulations. The Residential Tenancy Branch (RTB) does not provide warranties on these templates.
If the landlord/property manager provides the New Form within 30 calendar days after the tenant began withholding rent, the tenant must pay the rent withheld. However, if the landlord/property manager does not do so, the tenant does not have to repay that rent. The tenant can only withhold one month's rent. After one month has elapsed, the tenant must continue to pay rent for the rest of the term of the lease—even if the landlord/property manager never provides the New Form.
Because this is a complicated situation, you may wish to contact a qualified lawyer in your jurisdiction, especially if large sums of money are involved. You should inform your landlord immediately of the situation, so it cannot later be claimed that the landlord suffered losses as a result of not knowing that you were not going to move in. You may also wish to contact your local Residential Tenancies Board or government agency who oversees landlord/tenant disputes to find out the extent of your liability, which may or may not be limited by statute.
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Within 30 days of the termination of this lease (and Tenant vacating the Property), Landlord will provide the Tenants with an itemized statement showing any retention of any portions of the Security Deposit amount for the cost of repair or cleaning above and beyond the ordinary wear and tear on the Property or any other sums due to Landlord under this Residential Lease Agreement. Tenants are not permitted to treat the Security Deposit as payment of any rent payment.
The tenant will have to read their lease as most agreements automatically convert to a month-to-month lease (tenancy-at-will) if there is no termination by either party. In most cases, the landlord will send the tenant a Lease Extension Addendum before the original lease ends to extend the term. The extension will detail the new end date, along with any other changes, while maintaining the rest of the terms of the original lease agreement.
The lease is mutually beneficial. A tenant can't stop paying rent or vacate the property during the lease term — this is a violation of the agreement. Likewise, the landlord can't arbitrarily force the tenant to move. If my sister moves to town, for instance, I can't evict one of my tenants for the sake of giving that space to a family member. The tenant has secured it with a lease. My hands are tied.