Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
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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 security deposit is often handled as an escrow deposit, owned by the tenant, but held by the landlord until the premises are surrendered in good condition (ordinary wear and tear excepted). In some states, the landlord must provide the tenant with the name and account number of the bank where the security deposit is held, and pay annual interest to the tenant. Other regulations may require the landlord to submit a list of pre-existing damage to the property, or forfeit the security deposit immediately (because there is no way to determine whether a prior tenant was responsible).
This Apartment Lease Agreement (the “Lease Agreement”) is entered into between Renter Name (referred to throughout this Lease Agreement as the “Tenant”) and Owner Name (the “Landlord”) as of the later date executed between the Tenant and the Landlord on the signature page hereto. The Landlord desires to lease the Premises and Furnishings (as defined below in Section 1) to the Tenant, and the Tenant desires to acquire for lease the Premises and Furnishings (as defined below in Section 1).
If the house is subject to any Covenants, Conditions and Restrictions (CC&Rs), HOA agreements, or other similar instruments, copies of such documents should be given to tenant prior to the parties signing the rental agreement. If the house was built before 1978, the Lead-Based Paint Disclosure and Pamphlet (available at www.epa.gov) should be given to tenant prior to the parties signing the rental agreement. If the house was built in 1978 or later, the second paragraph of Section 6 can be deleted from the rental agreement.
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.
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.
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.
Only tenants and people listed as occupants may reside in the premises. The landlord must be informed and approve of any change to the list of permitted tenants. Children born or adopted while the tenant lives in the premises are automatically added to the lease as occupants. Also, each jurisdiction may restrict the number of tenants/occupants in the premises if that number violates health or safety standards for housing. Health and safety standards are typically expressed as 1 person per X sq. ft. The standard varies from jurisdiction to jurisdiction so if you are concerned, check with your local housing/public health authority.
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.
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.
A lease agreement is beneficial for many reasons. It clarifies the obligations of both parties during a residential tenancy so each person knows what is expected of them during the rental relationship. For example, the tenant may be responsible for paying rent on the first of every month, while the landlord is expected to keep the property in good condition.
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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.).
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.