It is acknowledged that the Landlord is not liable for these occurrences. It is acknowledged that the Tenants’ insurance policy shall solely indemnify the Tenant for any losses sustained. Tenants’ failure to maintain said policy shall be a complete waiver of the Tenants’ right to seek damages against the Landlord for the above stated losses. The parties acknowledge that the premises are not to be considered a security building which would hold the Landlord to a higher degree of care.
The chances of a landlord pursuing the matter often depends on the size of the property management company. A landlord with one duplex and a day job might not want to endure the hassle and costs of a day off work as well as the lawyer/paralegal fees. On the other hand, if you have a professional landlord who owns and manages thousands of units, Aaron says they’ve likely got someone dedicated to going after tenants five days a week. “Yours is just another file in their caseload.”
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The length of time of a lease agreement is identified as one of the requirements of the contract. A lease agreement can be created for month-to-month leasing, six months, one year or more. Lease agreements are not required to be the same set amount of time. At the end of the current lease (fixed term) the landlord may wish to extend the lease to the tenant, as a lease agreement does not automatically renew, unlike a rental agreement. The current lease agreement will need to be amended or a new legally binding agreement can also be signed.
Negotiating a lease agreement is determined by a multitude of factors starting with market conditions and how the property is priced versus other rentals in the area. The landlord’s goal is to collect as much rent each month as possible while mitigating their risk. If the applicant can represent that they would be a stable tenant, the landlord may give them a discount on the monthly rental amount along with including utilities or services.
When the tenant has broken the lease conditions and vacated prior to the expiry of the lease term, the landlord may charge a "rerent levy" to recover their lost rental income and costs associated with finding a new tenant. It is usually only charged when the term of the lease is six months or more, and some jurisdictions do not permit the landlord to charge a rerent levy. The amount charged must be reasonable given the circumstances, and must not exceed the damages that the landlord suffers from the tenant leaving early.
If the landlord and tenant decide to allow for the termination of the agreement it can either be done with or without a fee by either party. If a fee is required, it’s commonly equal to one (1) month’s rent and gives the other party thirty (30) days’ notice. This section can be entirely negotiated between the landlord and the tenant. There are no State laws or requirements that restrict this section.
Section 22. The failure of Tenant or Tenant’s visitors to comply with any term of this Lease Agreement to the detriment of the Landlord, or the misrepresentation of any material fact on Tenants’ Rental Application, is grounds for termination of the tenancy, with appropriate notice to the Tenants and procedures as required by law, including that the Landlord can cancel the remainder of the Lease Agreement and the Tenants will be liable for the balance of the rent for the remainder of the term.
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20.1 The fact that we do not insist on the full implementation of any of your obligations hereunder or that we do not exercise any of the rights that the presents gives us, should not be construed as a waiver for future to request your that you comply with your obligations. Neglect or delay in exercising any right or remedy under this Agreement shall in no way be construed as a waiver by us of that right or remedy.
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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Section 12. The Tenant is entitled to quiet enjoyment of the Premises and Furnishings. The Tenant and her visitors will not use the Premises or Furnishings or any other indoor or outdoor areas of the building property in such a way to: (1) violate any law or ordinance; (2) damage property; or (3) create a nuisance by interfering with the quiet enjoyment of any other resident of the building property.
Who: The parties involved in the contract, the lessor (sometimes called the owner or landlord) and the lessee (sometimes called the renter or tenant) are identified in the contract. A housing lease may specify whether the renter is living alone, with family, children, roommate, visitors. A rental may delineate the rights and obligations of each of these. For example, a "sub-let" to a stranger might not be permitted without permission of the landlord. This also applies to whether or not pets may be kept by the renter. On the other hand, the renter may also have specific rights against intrusions by the landlord (or other tenants), except under emergency circumstances. A renter is in possession of the property, and a landlord would be trespassing upon the renter's rights if entry is made without proper notice and authority (e.g., 24 hours' notice, daytime, knock first, except for emergency repairs, in case of fire, flood, etc.).
The Tenant acknowledges that the Landlord’s property insurance does not cover the Tenant’s personal property. The Landlord accepts no liability for damage or loss to the Tenant’s personal property for any reason. The Tenant acknlowledges their responsibility to obtain appropriate Renters’ Insurance to protect the value of their personal belongings.
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Lead-Based Paint Disclosure – Form required under Federal Law for all residences constructed prior to 1978. Before 1978, it was common for lead-based paint to be used in the interior of homes. Since then it has been found that lead does not promote brain function and is especially harmful to minor children. If at any time there is chipping or the peeling of lead-paint, it is imperative that the landlord remediate the property as soon as possible.
When you sign a lease, you are promising under contract that you will pay rent to the landlord. This is a legal obligation that courts take seriously. You may be liable to the landlord for loss of revenue that the landlord suffers as a result of you not paying the rent, even if you have a good reason for not being able to take possession. In some situations it may be less costly for you to simply take possession and immediately serve notice that you will be vacating as soon as the notice period expires - it may sometimes be better to pay for one or two months' rent than to go to court and be forced to pay more.
As of April 30, 2018, landlords of residential rental property in Ontario will be obligated to use a new government-issued standard lease template (the “Standard Lease”) for all new residential leases. Requirements relating to the Standard Lease are contained in new Section 12.1 of the Residential Tenancies Act, 2006 (the “RTA”) and related regulations.