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The New Form is part of the Ontario government's effort to reduce inconsistency among residential leases and the number of misunderstandings caused by verbal tenancy agreements. It uses easy-to-read language to help the parties understand not only what the lease agreement covers, but also what it does not, and cannot, cover. By April 30, 2018, a guide to the New Form will be available in 23 languages.
The tenancy cannot be ended earlier than the date fixed except in three circumstances: both parties agree in writing; there are special circumstances such as the tenant is fleeing family violence or the tenant has been assessed as requiring long-term care or has been accepted into a long-term care facility; or as ordered by an arbitrator. Learn more about ending a fixed-term for family violence or long-term care.
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.
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A: By default this Agreement includes the landlord’s right to enter the property at reasonable times to inspect the property, make improvements or repairs, as well as enter in times of emergency. As the landlord, it is a good idea to give reasonable notice to your tenant before entering the property. For example, in the event of a pipe leaking, you can enter the property but it is wise to give notice to the tenant.
A typical rental is either annual or month-to-month, and the amount of rent may be different for long-term renters (because of lower turnover costs). Leaving a long-term lease before its expiration could result in penalties, or even the cost of the entire agreed period (if the landlord is unable to find a suitable replacement tenant, after diligent pursuit). If a tenant stays beyond the end of a lease for a term of years (one or more), then the parties may agree that the lease will be automatically renewed, or it may simply convert to a tenancy at will (month-to-month) at the pro-rated monthly cost of the previous annual lease. If a tenant at will is given notice to quit the premises, and refuses to do so, the landlord then begins eviction proceedings. In many places it is completely illegal to change locks on doors, or remove personal belongings, let alone forcibly eject a person, without a court order of eviction. There may be strict rules of procedure, and stiff penalties (triple damages, plus attorneys' fees) for violations.
A weekly/monthly/yearly lease with automatic renewal (a periodic tenancy) will continue so long as neither party wishes to terminate the lease. To terminate the lease the landlord and tenant must give notice of their intention to leave as specified by statute. A landlord can raise the rent, or change the terms of the lease in these types of agreements by providing proper notice as required by statute. At the end of the notice period the tenant must move out or the landlord can start eviction proceedings against them.
A lease with a fixed end date gives certainty of term for both the landlord and the tenant. It specifies the exact day the tenancy will end. The advantage here is that neither party has to give notice to terminate the lease, it simply ends on the specified date. During a fixed term lease the landlord cannot increase the rent, or change any other terms of the lease unless he specifically reserves the right in the agreement, and the tenant agrees to the changes.
If there is late payment by the tenant the landlord has a couple of options. Firstly, they may accept a late fee for the delay in payment. Secondly and depending on the laws in the State, the landlord may give an official Notice to Pay or Quit stating the landlord has the right to terminate the lease if the tenant does not pay by the end of the time-period stated.
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.
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.”
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.).
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immediately notify the manager of the buildings of which the Premises is a part of in person, by office telephone at Condo Office Phone Number, or by emailing Condo Office Email Address, and thereafter the Landlord by cellular telephone at Owner Phone, of any emergencies, dangerous conditions or defects in and about the Premises or Furnishings of which either Tenant becomes aware
There will certainly be a requirement to show a driver's license, and only those drivers appearing on the contract may be authorized to drive. It may include an option to purchase auto insurance (motor insurance, UK), if the renter does not already have a policy to cover rentals—another important consideration for multiple drivers. Some agencies may even require a bond payable if the car is not returned in order, often held in the form of a credit-card authorization—voided if the car is returned per agreement. A renter should be advised that he or she will be responsible for any parking or traffic violations incurred upon the vehicle during the rental period. There should also be advice on handling thefts, accidents, break-downs, and towing.
You must provide proper notice to the landlord that you do not intend to renew the lease, before the lease expires. Notice must be given a certain amount of time before the lease expires, as dictated by statute in your jurisdiction. This amount of time is called the "notice period". Typically, the notice period is one month for leases with a term of one month or less, and two or three months for leases with a term of more than one month, but this will vary according to the jurisdiction. You should consult the governing statute for the jurisdiction the property is located in to find out the required notice period for your lease.
In addition to sections that must be completed setting out the relevant lease terms, the Standard Lease contains an appendix containing general information (the “General Information Appendix”) for landlords and renters on rights, responsibilities and unenforceable tenancy conditions. Items that are summarized in the General Information Appendix include, among others, material relating to illegal charges, pets, smoking, and rules governing the ending of a tenancy and evictions.
A: Usually if the tenant does not have a lot of credit history or is particularly young (such as a college student), then the landlord will require a cosigner or guarantor. Requiring a cosigner for the tenant is mainly for the landlord’s protection in case the tenant defaults on the lease. In case the tenant defaults and cannot pay rent, the cosigner is responsible for paying the amount due to the landlord. The guarantor is usually someone in good financial standing or has excellent credit. Feel free to use a Lease Application in order to require any prospective tenants to undergo a credit check before allowing them to sign a lease agreement.
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.
From the Landlord's perspective, there doesn't appear to be many disadvantages to this type of lease other than the Landlord will not receive an immediate cash sale on the property. Also, if the real estate market is rising, the Landlord could possibly lose out on the appreciated value of their property if they have specified a specific purchase price of the property. Consequently, it may be safer for the Landlord to make the purchase price equal to the market value of the property at the time the option is exercised.
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If a landlord fails to provide the Standard Lease within 21 days after a renter has made a request in writing, the renter may: (i) withhold a maximum of one month’s rent; or (ii) give 60 days’ notice to terminate a yearly or fixed-term tenancy early. If the landlord fails to provide the Standard Lease within 30 days after the renter has begun withholding rent, the renter does not have to repay the one month’s rent that was withheld.
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.