THIS TENANCY AGREEMENT

Transcription

1 1 THIS TENANCY AGREEMENT Dated the xxxx day of xxxxx, 2017 MADE PURSUANT TO THE PROVISION OF THE SHORT FORM OF LEASES ACT AND THE RESIDENTIAL TENANCIES ACT AND AMENDMENTS THERETO. BETWEEN: BIA Investments Inc. ( LANDLORD ) AND xxxxxx ( RESIDENT ) AND xxxxxxx ( GUARANTOR ) Premises 1. The Landlord agrees to rent to the Resident, and the Resident agrees to rent from the Landlord the premises being Apartment Suite # xxx Dwelling Unit Number 350 Regina St N., Waterloo, Ontario N2J3B7 ( The premises ).Known as 350 Regina Street North # xxx. The premises to be used by the Resident and the members of his/her immediate family for residential purposes only. The Resident(s) warrant that the premises will be occupied by x adults and x children PARKING 2. The Resident shall have the privilege of parking one car in the following specified areas contained in or appurtenant to the apartment building in such areas therein as shall be specified by the Landlord from time to time, and will use no other parking space in or related to the Landlord s lands or premises. The parking shall be in the following designated areas: Outside Parking Area ( 1 ) Term 3. Subject to the present Resident vacating, The Resident will occupy the premises for a term of 12 months, which term shall commence on the x day of x 2017 and end on the xx day of xx 2018 Rent 4. The Resident agrees to pay to the Landlord, for the premises, and the privilege of parking as aforementioned, the sum of xxx DOLLARS per month payable in advance. The first of such payments to become due and be payable on the first day of residency of the unit. The Resident is responsible for delivering the rent to the Landlord by either a series of postdated cheques, e-transfers and/or cash. Cash payments must be paid during office hours and are only deemed as received if given to the Landlord or the Landlord s authorized Representative and a receipt is provided. Any future rent reduction ordered has been taken into consideration when setting the rent

2 2 Prepaid Rent 5. The Landlord acknowledges receipt from the Resident the sum of $xxxx.00 being held by the Landlord and applied to the rental due and payable for the last month of the occupation of this unit. Assigning and Subletting 6. The Resident shall not assign or sublet the premises without first obtaining the written consent of the Landlord, which consent shall not be arbitrarily or unreasonably withheld. Upon the Landlord consenting in writing to such assigning or subletting, the Resident shall pay to the Landlord the Landlord s reasonable expenses, inclusive of legal expenses on a solicitor and his own client basis and other costs incurred by the Landlord upon the giving of such consent. Condition of Premises 7. The Resident shall examine the premises before taking possession thereof, and unless the Resident furnishes the Landlord, prior to taking possession thereof, with a notice in writing specifying any defect in the construction or condition of the premises or otherwise, then the Resident shall conclusively be deemed to have examined the premises and to have found them in good order and in a clean condition. The Resident agrees that there was no promise, representation or undertaking by or on the part of the Landlord, with respect to any alterations, remodeling or decorating of, or installation of equipment or fixtures in the premises, except such, if any, as is expressly set forth in the Tenancy Agreement, or the Offer to Lease. Repairs, Maintenance and Alterations 8. The Landlord shall be entitled to enter the premises and view the state of repair and to make such repairs and alterations as may be deemed necessary by the Landlord, such entry to be made pursuant to the provisions of the Residential Tenancies Act. The Resident will take good care of the premises and keep them in a clean and healthy condition, and to forthwith repair any damage to the premises caused by his willful or negligent conduct, or the willful or negligent conduct of any person or persons permitted upon the premises by the Resident The Resident will not make any changes to, alterations in, or decorate the premises, and will not put up any awnings, without first obtaining the written approval of the Landlord. The Resident covenants to leave the premises in an orderly state of cleanliness upon termination of the Lease.

3 3 Repairs Disclaimer: "I hearby authorize repair work to be done on my suite. will not be held responsible for loss or damage to my belongings during the commission of the repair. I understand that I am responsible for moving any furniture/belongings that are in the way of the necessary repair. If I refuse to move them, any mess or damage caused will be at my own peril. I will be asked if there is anything I want covered prior to the repair and if I say no, any mess or damage caused will be at my own peril. will do our best to clean up after the repair, but you acknowledge that there may be further clean up, you are responsible for after the work is done. is not responsible for moving any furniture/belongings back after the repair is completed. Resident Initials Locks and Keys 9. Neither the Landlord nor Resident shall, without first obtaining the written consent of the other, alter or cause to be altered the lock on any entry door to the premises, or affix a night latch upon any entry door to the premises. The Landlord may, without the Resident s consent, change locks in the apartment building in which the premises are located other than those upon the door giving entry to the premises. The Resident, upon termination of this Tenancy Agreement, will deliver to the Landlord all keys supplied by the Landlord, or made by the Resident. Taxes 10. The Landlord will pay all municipal realty taxes relating to the premises which may be assessed against the Landlord. If the premises are at any time during the term of this Agreement assessed by reason of the designation of the Resident, for school purposes other than public school purposes, the Resident shall pay to the Landlord upon demand, the amount of any increase in the said taxes required to be paid by the Landlord relating to the premises, over and above that amount which the Landlord would have been required to pay if the premises, had been assessed for the support of public schools. Since the landlord is paying the taxes if a reduction in municipal taxes is awarded the landlord, the tenant will not be given the benefit of that reduction.

4 Utilities 19. The Resident shall pay telephone and all charges for the following services where indicated. YES NO Water ( ) (X) Heat ( ) (X) Hot Water Heater ( ) (X) Gas ( ) (X) Electricity ( ) (X) Cable TV (X) ( ) Window Air Conditioner (X) $30 per monthly usage 4 The Landlord shall pay all water rates for the supply of water to the apartment building, and will supply hot and cold water at all reasonable times, save in the event of a failure in the supply to the apartment building, or in the event of a mechanical breakdown of the equipment providing hot and cold water, or in the means of supply thereof to the premises. The Landlord will provide a suitable means of heating during those periods of the year when required to do so by the relevant Municipal by-laws and furnish heat for the premises to a reasonable temperature, except during the making of repairs to the heating plant, when the Landlord shall not be bound to furnish any heat. The Landlord shall, in case of any repairs being required to the said heating plant, or its attendant equipment or other apparatus used in connection therewith, use its best efforts to have the work done with all due diligence, provided that the Landlord shall not be liable for indirect or consequential damages or damages for personal discomfort or illness arising from the want of heat, or hot and cold water. Appliances 12. The Landlord shall provide for use with the premise electric light fixtures, and as well the following appliances where indicated. YES NO Stove ( X ) ( ) Refrigerator ( X ) ( ) The Resident agrees to maintain electric light fixtures and all appliances in a clean condition and to repair any damage caused thereto by the Resident s willful or negligent conduct or that of any persons permitted on the premises by the Resident. The Resident agrees that all the Landlord s electric light fixtures, smoke detectors and appliances shall be left upon the premises upon the termination of this agreement. The resident agrees to maintain and test the smoke detector on a monthly basis and replace batteries if necessary. makes yearly checks on Smoke detectors and changes batteries yearly.

5 5 Rules and Regulations 13. The Resident agrees to comply with and to cause his/her family visitors, and agents to comply with each of the rules and regulations attached hereto as Schedule A as may be amended from time to time by notice to the Resident by the Landlord. Said Schedule A shall be read as forming part of the terms and conditions of this Agreement. Use of Premises 14. The Resident will use the premises for Residential purposes only and will not permit the premises to be occupied by any person other than those listed in the Offer to lease for the premises. The Resident shall not permit boarders in the premises and shall not, without the express written consent of the Landlord, permit a guest to occupy the premises for more than twenty one days in any calendar year. The Resident will not either by him/herself or by his/her own acts, or that of his/her family agents or guests, do anything upon the premises or in about the apartment building of which the premises shall form a part of, which in the opinion of the Landlord or the agents of the Landlord is objectionable, or will injure the reputation of the premises, or is unreasonably disturbing to the other Residents of said building, or which would render void the policy or policies of insurance on the premises or the building of which the premises form a part, or which cause any increase in premium to be payable in respect of any such policy or which may cause an insurer to refuse to renew any policy of insurance, or which may be in breach of violation of any By-law, or order or regulation of any Government Authority. Liability 15. The Landlord shall not in any event whatsoever be liable or responsible in any way for any personal injury or death suffered or sustained by the Resident, or any employee, family member, agents, or guest of the Resident, or any other person who may be upon the premises, or the premises of the Landlord. The Landlord shall not be liable or responsible for any loss of, or damage or injury to, any property including cars and contents thereof belonging to the Resident or any member of the Resident s family, or any other person while such property is on the premises or on the premises of the Landlord. In particular, but not limiting the generality of the foregoing, the Landlord shall not be liable for any damages to any such property caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Premises, or the premise of the Landlord. Nor from the water, steam, sprinkler or drainage pipes, plumbing or sewage works of the same, or from any other place, or for any damage cause by or attributable to the condition or arrangement of any electrical or other wiring, or for any damage cause by anything done by or omitted to be done by any Residents, or by the Landlord, it s agents, servants, or workmen.

6 6 Guarantor Clause 16. It being a condition of making the lease that the covenants hereinafter set forth should be entered into by the guarantor, The Guarantor for him/herself, heirs, executors, administrators and assigns, in consideration of the making of the said lease by the Landlord. In the event the premises shall on any rental payment date, be vacant, and no payment of the rent has on the said rental payment date been received by the Landlord, the premises shall be deemed to have been abandoned by the Resident and the Landlord shall be entitled to and may take immediate possession of the Premises. Breach of Covenant 17. In the event of a breach by the Resident of any of his covenants herein contained, save the covenant to pay rent, the Landlord may give written notice to the Resident within thirty days of the date of such breach, which notice shall specify the breach and afford the Resident a reasonable period of time to remedy such breach. If such breach is so remedied, there shall be no further liability thereof. In the event the premises, shall, on any rental payment date, be vacant and payment of rent has on the said rental payment date not been received by the Landlord, the premises shall be deemed to have been abandoned by the Resident and the Landlord shall be entitled to and may take immediate possession of the premises. The Resident shall pay to the Landlord on demand; such expenses as the Landlord may incur which arise directly or indirectly form the breach by the Resident of any of his covenants herein contained. Such expenses to include, without limited the generality of the forgoing: legal expenses. Proviso for Re-Entry 18. Proviso for re-entry by the Landlord subject to the provision for the Residential Tenancies Act, on non-payment of rent or non-performance of covenants. Termination 19. If either the Resident or the Landlord shall wish to terminate the tenancy at the end of the term of this Tenancy Agreement, then he/she will give notice, in writing to the other of such termination. Such notice to be delivered to the other not less than sixty days prior to the expiration of this Agreement delivered before the first of the month. Upon such notice being given, the Resident, upon the termination of this tenancy, will deliver up to the Landlord vacant possession of the leased premises. If no such notice has been delivered by either party within the said period of them, and in the event the Landlord and Resident shall not otherwise agree in writing, prior to the expiration of this Agreement, the Resident shall become a monthly Resident under the terms and conditions herein contained and either the Landlord or Resident may terminate said monthly tenancy so created by giving the other two full calendar month s written notice of such termination.

7 7 In the event the Resident shall fail to vacate the premises after the tenancy has been terminated, the Resident, in addition to being liable to the Landlord for compensation for the use and occupation of the premises after the termination of the tenancy, shall indemnify the Landlord for all losses, costs, damages and expenses, including legal expenses on a solicitor and his own client basis, for which the Landlord shall be liable or shall suffer or sustain as a result of the failure of the Resident to vacate the premises upon the termination of the tenancy. The Landlord shall, after notice of termination of the tenancy has been given, have the right to show the premises to prospective Residents at all reasonable hours as per the Residential Tenancies act, even in the absence of the Resident. The Resident agrees to leave the premises clean and vacant, except for the appliances supplied to them by the Landlord. If the resident leaves belongings, and/or the unit is not cleaned, the Landlord will perform the cleaning and removal of items left at a rate of $65.00 an hour, plus disposal fees, and the Resident and/or Guarantor will be held responsible for immediate payment of this amount. Failing payment being received, the invoice will be submitted to collections and reported to the credit bureaus.. Acceleration 20. Provided that, if the term hereby granted shall be at any time seized or taken in execution or attachment, by any creditor of the Resident, or if the Resident shall make an assignment for the benefit of creditors, or becoming bankrupt or insolvent shall take the benefit of any Act that may be in force for bankrupt or insolent debtors, the then current rent, together with the rent for the three months thereafter, shall immediately become due and payable, all subject to the provisions of the Residential Tenancies Act, as amended. Notices 21. Any notice required or contemplated by the provisions of this Agreement shall be in writing, and except where otherwise provided by the Residential Tenancies Act, shall be deemed to be sufficiently given if served personally, or mailed by prepaid registered post addressed to the landlord at the address herein set out, or at such address as the landlord shall in writing herein after advise the Resident, and to the Resident, at the address of the premises. Any notice so mailed shall be deemed to be received within seventy-two hours after so mailing.

8 Due to the known health risks of exposure to second-hand smoke, increased risk of fire and increased maintenance costs: 8 1. No tenant, resident, guest, business invitee, or visitor shall smoke cigarettes, cigars or any similar product whose use generates smoke within the building, except those used for spiritual traditions eg., smudge ceremonies. This prohibition includes all residential units within the building, all balconies and patios, enclosed common areas, as well as outside within nine metres of doorways, operable windows and air intakes 2. Smoking shall include inhaling, exhaling of any tobacco or marijuana, and similar product whose use generates smoke, including e-cigarettes and vapes. 3. Business invitee shall include but is not limited to any contractor, agent, household worker, or other person hired by the housing providers, tenant or resident to provide a service or product to the housing providers, tenant or resident.

9 9 THIS Tenancy Agreement shall be binding upon and shall endure to the benefit of the respective heirs, executors, administrators, successors and assigns of each of the parties hereto. THE provisions hereof shall be read with all grammatical gender changes necessary and all covenants contained herein shall be deemed to be joint and several. IN WITNESS WHEREOF the parties hereto have executed these presents SIGNED, SEALED AND DELIVERED Dated: Resident. Guarantor RECEIPT OF TENANCY AGREEMENTS We hereby acknowledge receipt of a duplicate original, executed copy of this Tenancy Agreement on the date signed above.. Resident Per: (Landlord) The Landlord and Resident agree that the rent payable hereunder shall be automatically amended if: (a) Any statute or regulation of the Province of Ontario is amended to permit the adjustment of such rent, and the rent shall be adjusted as of the date of the enactment or such legislative amendment; or (b) The Ontario Rental Tribunal issues an order adjusting such rent, the application for which the Resident hereby gives his unqualified consent, and the rent shall be so adjusted as of the date specified in such order. Rental payments 350 Regina St. N Unit #xxx shall be at the rate of $ xxx per month until xxxx, Effective xxxx, 2018 the rent shall increase by the maximum amount permitted by law. Resident Per: (Landlord) Resident Guarantor

10 Schedule A 10 Rules and Regulations The Resident covenants and agrees that: 1. No antenna, aerial, awning, enclosures shall be placed on any exterior portions of the premises. 2. No sign, advertisement or notice shall be inscribed, painted or affixed on any part of the inside or outside of the premises. 3. Pictures and mirrors may be hung, provided the proper picture hangers are used so the walls will not be damaged. 4. Any act or omission of the Landlord shall not operate as a waiver of the rights of the Landlord. 5. In addition to any other obligation in this Agreement, the premises on termination of this Agreement shall be left as follows: a) All floors in the premises shall be cleaned. b) The stove and refrigerator shall be left clean, both inside and outside. c) All garbage, cartons, papers and refuse shall be removed from the premises, and the premises shall be left in a thoroughly clean condition. d) All rugs and carpets in the premises shall be vacuumed and all stains or damage removed or repaired. Such work to be authorized in writing in advance by the Landlord. e) All windows shall be cleaned and any broken glass repaired. f) All window screens shall be repaired and left in good condition. 6. He/She will not permit, nor permit anyone else, to pour non-soluble liquids down the sinks, including fats, and will not allow any material other than human waste to be flushed down the toilets. The Resident shall be fully responsible for all costs in repairs to plumbing and drains caused by reach of this rule. 7. No pets may be kept on the premises without the written permission of the Landlord. The Residents shall be responsible for any damage caused by his/her pet. In the event the pet becomes a nuisance; the Resident shall be given written notice and be asked to find alternative living arrangements for the pet within one week of receiving such notice. If the premises or surrounding grounds become damaged or destroyed, or in a state of disrepair as a result of the presence of animals kept by the Residents, as such term is used in the Residential Tenancies Act, the expense of the necessary repairs, replacements or alterations shall be borne by the Resident who shall pay the same to the Landlord upon demand. 8. There will be a collection charge of $25.00 on all rents not received on or by the first of the month. Furthermore, there will be a $58.00 levy on all cheques not honoured by the bank. These amounts are payable immediately. The Resident also agrees to pay the Landlord interest at a rate of 18% per annum (1 ½% per month) on all rent payments not paid on the due date. Further provided in addition to all other charges required to be paid by the Resident, the Resident agrees to pay to the Landlord compound interest at the rate of eighteen percent (18%) per annum (one and one half percent per month) upon all unpaid collection charges and other sums required to be paid by the Resident to the Landlord. The Resident shall pay to the Landlord all the Landlord s cost associated with remedying any breaches by the Resident of any of the Resident s obligations set forth under the Residential Tenancies Act, or in this lease. Specifically, without limiting the generality of the foregoing, including the Resident s obligations to keep the premises in a good state of repair, and all costs incurred by the Landlord in enforcing these obligations as between a solicitor and his client, including but not limiting to all amount incurred by the Landlord in collection any amounts in arrears and interest therein. 9. If the Resident installs wallpaper, it shall be strippable wallpaper or pure vinyl. The Resident further agrees upon vacating the premises to strip said wallpaper.

11 The sidewalks, halls, entry, lobby, passages, and stairways shall not be obstructed or used for any other purpose than for ingress and egress. Nor shall any articles, including overshoes, rubbers, boxes or refuse of any kind be kept, placed or stored therein. 11. The Resident shall be held responsible for any damage caused by moving furniture in and out of the premises. No heavy furniture shall be moved over floors of the premises or any part of the Landlord's building so as to mark or damage the floors. 12. All Residents must observe strict care not to allow windows and doors leading to the outside of the premises to remain open so as to admit rain or snow, or while the premises are vacant so as to cause any radiators or heating units in the premises to become frozen, nor will the Resident turn off any such radiators or heating units, thereby permitting or causing the same to become frozen. 13. He/She shall not install in the premises additional gas heating units or additional electrical circuits. 14. No offensive or combustible goods, liquid or products shall be kept on the premises. 15. No partitions, gates, or fences may be erected without the written permission of the Landlord. The Resident will not excavate or permit to be excavated or move any earth from the lands of the landlord, nor remove any trees or shrubs. 16. The Landlord shall not be liable for any loss of or damage to or theft of any of the Resident s goods or chattels stored in any storage space 17. Non-authorized collection. If any payments are made in person directly to management personnel, residents understand that they will be given an approved receipt for payment. Residents further understand that it is not normal practice for anyone to come to the rental to collect rents, and residents further understand they are always to receive a company-approved receipt with payments made in person. Residents understand that any payment without the designated receipt given or to unauthorized personnel will not be credited to the residents account 18. Collection fee. A $25 service fee may be charged to residents if the landlord must continually make special trips to pick up the rent 19. Allocation of payments. All money received is first applied to any past due balance on resident s account, including unpaid rent, charges, fees, or deposits. Second, the balance of money received is then applied to current rent due. 20. Notice delivery fee. Residents agree to pay the landlord a delivery or service charge of $25.00 if it is necessary to continually deliver a notice to this address to notify of a violation of the rental agreement (for example, an N4 notice of eviction or any other legal notice to collect rent or remove the Resident from the unit.) 21. Partial payment. The acceptance by management of partial payments of rent due will not under any circumstances constitute a waiver of the landlord nor affect any notice or legal proceedings in unlawful doings theretofore given or commenced. 22. Yard upkeep. Residents who have a fenced in patio area, agree to keep any lawn and shrubbery in a clipped and trimmed condition, and care for and remove weeds from flowerbeds and planting areas 23. Garbage/litter removal. Residents will put their garbage in a garbage receptacle with a lid or directly in a garbage bin if provided. If garbage is left outside the unit for more than 1 week, management has the right to hire someone to pick up any litter, trash, spilled garbage, and general debris after being neglected at residents expense. Minimum cost is $ Batteries in smoke detectors and light bulbs. Residents acknowledge that the premises were equipped with a smoke detector that was operating at time of move-in and light bulbs in all fixtures. Residents agree to periodically (twice yearly ) test the smoke detector, replace the batteries as needed, and inform

12 12 the owner or manager immediately of any malfunction. Residents are responsible for replacing light bulbs when required and all lights should be working on move out. A $25.00 fee will be charged if any inspection necessitates battery replacement. A $50.00 fee will be charged for any missing smoke detectors at time of move out inspection. 25. Pest control. Residents acknowledge that the rental is free of pests at the time of occupancy. Residents are responsible for keeping the premises free of pests and paying for pest control service, if such services are deemed necessary or needed. 26. Property negligence. Residents agree to pay for any damage caused by negligence on their part or the part of their children or pets. Residents further agree to pay for the repair of any broken windows or drain stoppages, if at fault, while residing at this dwelling. Residents will not allow such conditions to go unreported for more than 48 hours. 27. Equipment overload. Residents will not install, use, or permit to be installed or used, any equipment of any kind that will require alteration of, or create an overload on, any gas, water, heating, electrical, sewerage, or drainage system of the said property without prior written consent of the landlord. 28. Renter s insurance. Residents acknowledge that owner s insurance does not cover personal property damaged caused by fire, theft, burglary, breakage, electrical connections, rain, war, acts of God, acts of others, and/or other causes, nor shall owner be held liable for such losses. Residents are hereby advised/required to obtain their own insurance policy to cover any personal losses. 29. Air Conditioners. Residents will not install air conditioners without prior approval from landlord so that proper supports can be constructed to support said air conditioners and residents agree to pay $30 for construction and installation of same. This amount to be paid prior to work being started. 30. Maintenance inspection. The Landlord may, at its own discretion, perform a property inspection approximately every six months. A property inspection report will be written indicating all (if any) damage to the property by residents, who will be responsible for paying for damages within 30 calendar days. 31. Upkeep/property maintenance. If residents fail to make minor repairs as part of the normal upkeep of the residence, the landlord may pay for needed repairs to be completed and the repair expense will be due and required from the residents. Alternately if a repair is required that is caused by damage by the Resident (ie: a Resident flushes something down the toilet that necessitates a plumber being called out) the Resident will be charged for the service call. Minimum fee is $65.00/hour, more if the problem occurs after hours or on weekends or holidays 32. Entry. Residents understand that the landlord has the right to enter the dwelling at any and all reasonable times (with proper advance notice given) for repair work, to inspect for compliance with this agreement, or show prospective residents. Therefore, no locks will be adde3d to the doors without first getting permission and giving a duplicate key to the landlord 33. Keys. Residents understand that when they accept occupancy in the building, each adult will be given one copy of all necessary keys. If the resident loses/misplaces keys, there will be a $50.00 fee applied and payable prior to necessary locksmith work being done. 34. Recreational vehicles. Residents agree never to park or store a motor home, camper trailer, or any recreational vehicle on the premises. 35. No oral agreements/amendments. The agreements contained in the lease set forth the entire understanding of the parties as regards the lease provisions of this agreement and will not be changed or terminated orally. This agreement may only be amended, modified or added to by written instrument only. 36. Condition acceptance. Residents acknowledge that they have examined the premises and that said premises, all furnishings, fixtures, plumbing, heating, electrical facilities, all items listed on the attached

13 13 property condition checklist, if any, and/or all other items provided by the owner are all clean and in satisfactory condition except as may be indicated elsewhere in this agreement. Residents agree to keep premises and all items in good order and good condition, and immediately pay for costs to repair and/or repair any portion of the above damaged by residents and/or guests. At the termination of this agreement, all of above items in this provision shall be returned to owner in clean and satisfactory condition except for reasonable wear and tear, and the premises shall be free of all personal property and trash not belonging to owner. It is agreed that all dirt, holes, tears, burns, and stains of any size shall be fixed by the tenant prior to move out.