A: In the event the Tenant defaults by failing to pay rent, the Landlord may give written notice to the Tenant to terminate the agreement. The Landlord must give the Tenant adequate warning in writing a certain number of days number of days before terminating the agreement. The notice period can vary by state so we recommend you check your local laws. Read these guidelines if you aren’t sure what to do when a Tenant is late paying the rent.
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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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The sample residential lease agreement below describes a contract between “Landlord” Keith Richards and “Tenant” Clara Trueba. She agrees to rent a two bed room, two bathroom apartment in Los Angeles for $2,000 per month for a fixed length of 12 months. The tenant agrees to pay for electricity, gas, water, cable television, and telephone, and the landlord agrees to pay for trash and sewage. This is a good example of what provisions a simple lease agreement might contain, and how one should look in its final form.
The landlord can deduct from the security deposit when the tenancy ends and the tenant owes the landlord money for either unpaid rent or damage to the premises. The landlord generally cannot deduct for reasonable "wear and tear" on the premises, (i.e. wear and tear that occurs just from living in the premises). The landlord can deduct for stains on the carpet or countertops, large holes in the wall, and missing appliances and other such things that are beyond reasonable wear and tear.
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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.
Assignments and subleases both occur when the tenant gives his/her rights under the lease to a third party. A sublease or an assignment typically requires the consent of the landlord. An assignment occurs when the tenant gives to a third party all of his or her remaining rights under a lease for the entire term of the lease. If a tenant assigns property and the landlord consents to the assignment, that tenant no longer has any rights to the property nor any obligations to the landlord. In a sublease the tenant can transfer a portion of the leased space (e.g. a room in a house) or a portion of the tenancy (e.g. for 5 of the remaining 6 months of the lease) to a third party. The original tenant retains whatever rights under the lease he or she has that were not transferred to the third party, and also retains most of his or her obligations under the lease. Typically, the original tenant can still sue and be sued by the landlord for lease violations.
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A security deposit is a sum of money the tenant pays to the landlord to guarantee that the tenant will fulfill all its obligations under the lease. The landlord holds the security deposit in trust for the term of the lease to ensure that the tenant does not default on the terms of the lease agreement or otherwise damage the property. Should the tenant damage the property (normal "wear and tear" excluded) or if the Tenant has not paid rent, the landlord is entitled to recover the amount owing from the security deposit. Usually the tenant must provide the landlord with the security deposit at the start of the lease term. At the end of the lease term, the tenant will receive the deposit back minus any deductions for repairs/restoration.
The lease should be reviewed for early termination clauses that allow for it to be broken with no penalty. If no clauses are found, the tenant may attempt to have legal clauses added to allow for the lease to be broken without penalty. Clauses are provided at the discretion of the landlord, or property management company if acting on the behalf of the best interest of the landlord. Dependent on the reasons for the tenant to break the lease, some states provide options that would not hold the tenant liable even when not stated in the Standard Residential Lease Agreement.
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