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.
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.
Various things can affect the state of an apartment: a sagging ceiling, toxic mold or no running water. Depending on how serious the situation is, you can cancel the lease, leave the apartment during repairs or simply refuse to move in. By law, when is an apartment unit unfit to live in? The law considers that a rental unit is unfit to live in when there is a serious risk to the health or...
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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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.
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.
The Ontario government is requiring all landlords to use a standard lease template for all new leases beginning April 30, 2018. Lawyers are encouraged to make themselves familiar with the terms of this new lease so they can advise clients of their obligations and rights under the new lease. The information below is taken from the Government of Ontario website at https://www.ontario.ca/page/renting-ontario-your-rights. The official page containing the standard lease template is at http://www.mah.gov.on.ca/Page18704.aspx.
An option to purchase refers to a lease which allows the tenant to buy the property at an agreed price during the lease term. Usually the tenant pays the landlord a non-refundable option deposit and in exchange the tenant has the exclusive right to buy the property from the landlord. The tenant is given only a certain amount of time to exercise the option. If the Tenant takes advantage of the option, the Tenant's option deposit will go towards the purchase price of the property. If the Tenant does not take advantage of the option, the Landlord will get to keep the deposit and neither party will have any rights or claims against each other concerning the option.
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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.
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