RESIDENTIAL TENANCY AGREEMENT Ontario

Transcription

1 RESIDENTIAL TENANCY AGREEMENT Ontario PARTIES 1. This agreement is made in duplicate between; LANDLORD Name(s) Name UNIT GG4 800 NIAGARA STREET Address WELLAND, ONTARIO City Phone (work) PO Box (if applicable) L3C 5Z4 Postal Code Phone (home) Cell Phone/Pager TENANT Name(s) FILL IN PREMISES Type of Property SINGLE FAMILY RESIDENTIAL HOUSE Specify Only those tenants and occupants named are allowed to live in the premises without written consent of the landlord. 2. The landlord will rent to the tenant and the tenant will rent from the landlord a room at the following; FILL IN WELLAND, ON EMERGENCY CONTACT PROPERTY MANAGER OR AGENT WHO TO SERVE Tenant s home mailing address is; FILL City Postal Code IN Tenant s CELL Number: (home) Parent/Guardian: Name Phone Number 3. The current agent or property manager for the landlord: BLOCK PROPERTIES NIAGARA Name UNIT GG4 800 NIAGARA STREET, WELLAND, ON Address Phone Number (work) (home) INFO@BLOCKPROPERTIESNIAGARA.COM Cell Phone/Pager 4. The tenant agrees to use the room as a residential premises and for no other purpose; to abide by the covenants, agreements, rules and regulations of this agreement, and not to allow the room to be occupied by anyone other than the persons listed in this agreement. It is understood that ONLY the tenant named herein may occupy the rented premises. Landlord Initials Tenant(s) Initials

2 AGREEMENT BEGINS 5. The tenancy begins on the 1 st day of, 20. The tenancy is for a fixed term, beginning on the 1 st day of, 20, and ending on the day of, The tenant will pay rent of $ per MONTH by: Cash or Cheque or Other RENT Rent is due on the 1 st day of each month and is payable to The landlord must give the tenants rent receipts. Ontario sets provincial rent guidelines annually, published in August. Rent increase by landlords can only occur once every 12 months and 90 days written notice is required. These increases must abide by the annual provincial guidelines. If the landlord wishes to increase the rent beyond the guidelines, an application to the Ontario Rental Housing Tribunal must be filed to obtain permission. RENT INCREASE RENT INCLUDES Note: Rent increase rules only apply to an existing tenancy. After the tenant moves out, the landlord is able to increase the rent to whatever the market will bear. 7. The following items, appliances, and services are included in the rent: (Check only those things that are included and provide additional information if required.) Stove Refrigerator Laundry facilities Dishwasher Furniture Carpets Window coverings Natural gas Basic cable service Internet Heat (furnace) Water Garbage collection Electricity The tenant is responsible for the following: Lawn care Snow removal Garbage removal Tenant insurance Late payment charges Returned cheque charges Landlord Initials Tenant(s) Initials

3 8. Additional obligations: TENANT IS FULLY RESPONSIBLE FOR THE WEEKLY REMOVAL OF GARBAGE AND RECYCLING; WHICH WILL INCLUDE ADDITIONAL FEES IF NOT REMOVED PROPERLY (SEE SCHEDULE B) DEPOSIT 9. A deposit of $ (not to exceed one month s rent) will be collected by landlord. If the rent is collected monthly, one month s rent can be collected as deposit. The tenant agrees to pay the total rent for the month to the Landlord or his/her agent in advance of the first day of each and every month of the tenancy, at the Landlord s office, or, for the convenience of both Landlord and tenant, by pre-authorized bank deposit or post-dated cheques collected by the Landlord prior to the start of the tenancy. Note: This is not a security deposit or damage deposit as security and damage deposits are not permitted in Ontario. REASONABLE RULES RENTAL ARREARS NOTICE TO TERMINATE 10. The landlord and tenant promise to comply with the conditions set out in Schedule A. The tenant acknowledges receipt of the rules of the residential premises and residential property which are attached hereto as Schedule A and B. 11. If the rent is unpaid one day after the due date, the landlord has the right to file an application to the Ontario Rental Housing Tribunal for rent arrears. If the tenant does not pay the rent within two weeks, eviction can occur. 12. All Notices to Terminate must be in writing. The tenant must give 60 days notice in writing to the landlord before the rent is due. If it is the landlord terminating the tenancy, depending on the situation, he or she must allow tenants the following notice periods: 14 days for non-payment of rent, 7 days notice for weekly or daily tenancy 2 months for landlord s use of property 20 days for cause or conduct If the tenant breaches conditions of the Ontario Rental Housing Tribunal, the landlord can apply to the Tribunal without giving the tenant notice. Note: A tenant may not end a fixed term lease until the end of the term. The landlord can only terminate the fixed term lease based on legitimate reasons in the legislation and cannot terminate solely based on the expiration of the fixed term agreement. If the tenant does not give notice to terminate at the end of the fixed term agreement, the lease automatically goes to month-to-month and the landlord cannot force the tenant to sign another fixed term lease. All conditions from previous lease will remain the same unless renegotiated between the landlord and tenant. 13. This agreement is for the benefit of and is binding on the landlord and tenant and their heirs, executors, administrators, and assigns. 14. Any or all tenants signing this lease take full responsibility for all terms and conditions. Landlord Initials Tenant(s) Initials

4 15. LIABILITY OF LANDLORD 1. The Landlord shall not in any event whatsoever be liable or responsible in any way for: a) any personal injury or death that may be suffered or sustained by the Tenant or any employee of the Tenant or any member of the Tenant's family, his agents or guests, or any other person who may be upon the rented premises or the premises of the Landlord; or b) any loss or damage or injury to any property including care and contents thereof belonging to the Tenant or any member of the Tenant's family or to any other person while such property is on the rented premises or on the premises of the Landlord, or c) without limiting the generality of the foregoing, and damages to any such property caused by steam, water, rain or snow which may leak into, issue or flow from any part of the rented premises or the premises of the Landlord or from the water steam, sprinkler or drainage pipes or plumbing works of the same or from any place or quarter; or d) any damage caused by or attributable to the condition or arrangement of any electrical or other wiring; or any damage caused by anything done or omitted to be done by any Tenants of the Landlord. Attachments (Initials required) The tenant has received a copy of the signed agreement within 21 days of the date of the signing of the agreement. The tenant has read, signed, and received the rules and attachments to this agreement. Other: SIGN BOTH COPIES SEPARATELY. Landlord s signature Date TENANT SIGNATURE DATE ANY OR ALL TENANTS SIGNING THIS AGREEMENT TAKE FULL RESPONSIBILITY FOR ALL OF ITS TERMS AND CONDITIONS

5 Schedule A The following conditions apply where the relationship of landlord and tenant exists, regardless of any agreement, declaration, lease, waiver, or other statement to the contrary: Conditions: 1. Assign or Sublet The tenant may assign or sublet the residential premises to another person with the consent of the landlord. If this tenancy agreement is for a fixed length of 6 months or more, the landlord must not arbitrarily or unreasonably withhold consent to assign or sublet. Under an assignment a new tenant must assume all of the rights and duties under the existing tenancy agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent. If a landlord unreasonably withholds consent to assign or sublet or charges a fee, the tenant may apply to the Ontario Rental Housing Tribunal for arbitration. 2. Repairs (a) Landlord s Duties: The landlord must provide and maintain the residential premises and residential property in a reasonable state of decoration and repair, making the residential premises and the residential property suitable for occupation by a reasonable tenant. The landlord must comply with health, safety, and housing standards required by law. If the landlord is required to make a repair to comply with the above duties, the tenant may discuss it with the landlord. If the landlord refuses to make the repair, the tenant may apply to the Ontario Rental Housing Tribunal for the completion and costs of the repair. (b) Tenant s Duties: The tenant must maintain ordinary health, cleanliness, and sanitary standards throughout the residential premises and residential property. The tenant must take the necessary steps to repair damage to the residential premises and residential property caused by a willful or negligent act or omission of the tenant or invited guests of the tenant. The tenant is not responsible for reasonable wear and tear to the residential premises. If the tenant does not comply with the above duties, the landlord may discuss the matter with the tenant and may seek a monetary order with the assistance of the Ontario Rental Housing Tribunal for the cost of repairs, serve a Notice of Termination, or both. (c) Emergency Repairs: The landlord must post the name and telephone number of the designated contact person for emergency repairs. The tenant must make at least two attempts to notify the person designated by the landlord, and give a reasonable time for completion of the emergency repairs by the landlord. If the emergency repairs are still required, the tenant may undertake the repairs and deduct the cost from the next month s rent, provided a statement of account and receipts are given to the landlord. The landlord may take over completion of the emergency repairs at any time. Emergency repairs must be urgent and necessary for the health and safety of persons or preservation of property and are limited to (i) (ii) major leaks in the pipes or roof, damaged or blocked water or sewer pipes or plumbing fixtures, (iii) repairs to the primary heating system, and (iv) defective locks that give access to the residential premises. 3. Occupants and Invited Guests (a) The landlord may not stop the tenant from having guests in the residential premises under reasonable circumstances. If the number of permanent occupants is unreasonable, the landlord may discuss the issue with the tenant and may serve a Notice of Termination. Disputes regarding the notice may be resolved through arbitration with the assistance of the Ontario Rental Housing Tribunal. (b) If the tenant lives in a hotel, the landlord may impose reasonable restrictions on invited guests and reasonable extra charges for overnight accommodation of invited guests. 4. Locks Neither the tenant nor the landlord may change or add a lock or security device (for example, a door chain) to residential premises unless both agree, or unless ordered by an arbitrator. In an emergency, the landlord may change the lock on the main door of the residential property and the tenant may change a defective lock on the residential premises and promptly provide the other party with a copy of the new key. Landlord Initials Tenant(s) Initials

6 5. Entry of Residential Premises by the Landlord (a) For the duration of this tenancy agreement, the residential premises are the tenant s home and the tenant is entitled to privacy, quiet enjoyment, and to exclusive use of the residential premises. (b) The landlord may enter the residential premises only if one of the following applies: (i) (ii) The landlord gives the tenant a written notice or a text message which states why the landlord needs to enter the residential premises and specifies a reasonable time not sooner than 12 hours and not later than 72 hours from the time of giving notice; entry must only occur during daylight hours (8 a.m. to 8 p.m.). There is an emergency. (iii) The tenant gives the landlord permission to enter at the time of entry or not more than one month before the time of entry for a specific purpose. (iv) The tenant has abandoned the residential premises. (v) The landlord has the order of an arbitrator or court saying the landlord may enter the residential premises. (vi) The landlord is providing maid service to a hotel tenant at a reasonable time. 6. Pets and Smoking If the tenancy agreement does not permit pets or smoking in the rental unit, the landlord has the right to give a Notice of Termination if the tenant has pets or smokes. If the landlord permits pets on the premises but the pet(s) disrupt the peace and enjoyment of other tenants, the landlord has the right to file a Notice of Termination. 7. Application of the Tenant Protection Act The terms of this tenancy agreement and any changes or additions to the terms may not contradict or change any right or duty under the Tenant Protection Act or a regulation made under the act and to the extent that a term of this tenancy agreement does contradict or change a right or duty under the Tenant Protection Act or a regulation made under that act the term of this tenancy agreement is void. Any change or addition to this tenancy agreement must be agreed to in writing and initialled by both the landlord and tenant and must be reasonable. If a change is not agreed to in writing, is not initialled by the landlord and tenant, or is not reasonable it is not enforceable. 8. Arbitration of Disputes Despite any other provision of this tenancy agreement, under the Tenancy Protection Act a tenant has the right to apply for arbitration to resolve a dispute. 9. Additional Terms (Write down any additional terms which the tenant and the landlord agree to. Additional pages may be used.) 10. Pets There are no pets allowed in the rental property, whether on a temporary or permanent basis. No exceptions. The tenant(s) agree with this term and will abide by it during the duration of their tenancy. Landlord s signature Date TENANT SIGNATURE DATE

7 SCHEDULE B; ADDITIONAL RULES AND REGULATIONS NOTE: please make sure to initial ALL squares to the left of the conditions.! SMOKE DETECTORS/FIRE EXTINGUISHERS; The tenant is not permitted and agrees not to disconnect any smoke detectors, carbon monoxide detectors, or fire extinguishers, and agrees to immediately notify the landlord of any malfunctions therein. The landlord shall replace, when necessary, all batteries used to operate the smoke detector(s) and carbon monoxide detector(s) installed on the premises. The tenant shall indemnify and save the landlord harmless from all causes of action, and any other judicial proceedings commenced against the landlord resulting from the tenant s failure to comply with the aforementioned obligations. The landlord shall maintain fire insurance on the premises. The tenant acknowledges that the landlord s fire insurance on the premises provides no coverage on the tenant s personal property. The tenant agrees to obtain their own insurance for contents and liability. The tenant will keep their policy paid and up to date during the entire term of their tenancy. In the event that any provisions of this lease will be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this lease and the remaining provisions had been executed by both parties subsequent to the deletion of the invalid provision.! DAMAGE TO THE PROPERTY; The tenant agrees to give the Landlord or his/her agent immediate notice of ANY accident or other defect to the property or other defect in the water pipes, heating, wiring, etc. The tenant further agrees to maintain, keep and leave the premises in an ordinary state of cleanliness and is responsible to pay for any damage caused to the premises by his/her willful or negligent conduct or that of persons who are permitted on the premises by the Tenant, and not to make ANY alterations or decorate with express consent from the Landlord or Agent. All damage to the property will be repaired by the Landlord or a representative of the Landlord and not by the tenant or anyone hired by the tenant.! INSPECTIONS FOR DAMAGES, ETC; The premises will be formally inspected each semester by the landlord and/or property manager, to assess for any damages caused to the premises which were not present at the time the tenant commenced occupation. Note that further inspections, in addition to the two noted above, may be undertaken depending on circumstances that may arise indicating material damages to the premises have occurred. The tenants acknowledge responsibility for any damages caused to the premises, either by themselves or visitors, and agrees to reimburse the landlord for all costs incurred to fix the damages and restore the premises to the same condition it was in prior to the tenant commencing occupation.! CONDITION OF PROPERTY FOR PURPOSE OF SHOWINGS AND END OF LEASE TERM; The tenant fully acknowledges that they whenever the landlord needs to show the property to potential tenants they will make the property presentable for said showing. The tenant also agrees to leave the property, both inside and out, in the same condition they found it in at the time the lease began. The tenant also agrees that they are responsible for any costs that might be incurred by the landlord to bring the property back to the condition it was in at the outset of the lease, for either showings or at the end of the lease term.

8 ! WEEKLY GARBAGE AND RECYCLING; The tenant acknowledges responsibility for ensuring that garbage/recycling is disposed of in accordance with the City of Welland waste disposal and recycling collection schedule and regulations. The tenant will be responsible for municipal charges pertaining to garbage/recycling issues, and also for any costs incurred by the landlord to remove any excessive garbage/recycling during, or at the end of the lease term.! YARD OF THE PROPERTY; In addition to keeping the interior of the property clean, the tenant also agrees to keep the yard free of any and all garbage/bottles/etc. This includes the back yard and the side yards as well.! POST-DATED CHEQUES; The tenant agrees to provide the landlord with a series of post-dated cheques that cover the term of the lease for the convenience of both the Landlord and the Tenant.! NSF CHEQUES AND LATE RENTS; The tenant agrees to pay a fee of $40 for each NSF cheque or returned cheque. The tenant also agrees to pay a fee of $5 per day for every day the rent is late after the beginning of that rental period unless a prior arrangement is agreed upon between the Tenant and the Landlord or the representative of the Landlord prior to the first day of a rental period (1st day of the month). The tenant also agrees that late rents are to be dropped off to the BLOCK Properties Niagara offices along with any fees that have been incurred (ie. NSF fees, late rents or a combination of both).! LOST KEYS; The tenant agrees to pay a fee of $10 for each key that is lost during the tenancy and which requires replacement, or which is not returned to the property manager at the end of the lease term.! LOCKED OUT OF ROOM; The tenants agree to a $10.00 fee should they lock themselves out of their room and need to be let in by BLOCK Properties Niagara Staff.! COOKING IN ROOMS; Tenants are not permitted and agree not to, at any time, cook, fry, heat or prepare foods in their rented rooms. The use of hot plates and candles are not permitted within the premises at any time.! INTERNET BILLING; The landlord will pay for Internet by way of monthly repayment to the tenant registered on the bill to a MAXIMUM of $75.00 per month. Copies of the bill must be forwarded by to INFO@BLOCKPROPERTIESNIAGARA.COM. Once the bill is received, repayment will be made within 5 business days. The landlord and/or property manager will not take any responsibility whatsoever for Internet issues/problems, however caused. It is the sole responsibility of the tenants. If the tenants decide that they would like to add Cable Television, the $75.00 payment does not change and the tenants will have to decide upon a package themselves and split any cost over and above the aforementioned $75.00 accordingly.

9 ! INTERNET USAGE; The landlord agrees to pay for internet services; however, the tenant acknowledges that they are responsible for administration of the account (i.e. set-up, authorization of users, etc.). Further, the tenant acknowledges responsibility for the use, and misuse, of internet services at the premises. The landlord shall not be held responsible for any illegal and/or improper internet use at the premises. Additionally, the internet is subject to maximum limitations put in place by the provider. Should these limits be exceeded to internet access will be suspended by the service provider. In such circumstances, the Landlord shall be released from obligation to provide internet access and that responsibility shall fall upon the tenant.! INSURANCE; It is the tenant s responsibility to obtain and maintain, at their own expense, a Tenant s Insurance package for both contents and liability.! BARBEQUES; The tenant acknowledges that barbeques are not permitted on the property.! ROOF OF PROPERTY; Tenant acknowledges that going onto the roof of the property for any reason is not permitted.! PETS; The tenant agrees not to allow pets or animals of any kind to live in the house during their tenancy. Other Tenants may be allergic and ALL TENANTS are requested to abide by this covenant for the mutual benefit of themselves and other tenants.! SMOKING; The tenant shall not be allowed to smoke in the residential premises. Other Tenants may be allergic and ALL TENANTS are requested to abide by this covenant for the mutual benefit of themselves and other tenants. The tenants are requested to enforce the no-smoking rule upon all guests of the property.! DRUGS; This is a DRUG-FREE house. Tenants are not permitted to store, grow, sell or consume ANY illegal substances on the property. Anyone found storing/growing/selling/consuming drugs on the property will be evicted immediately.! ALCOHOL BOTTLES/BEER CASES; Cases of empty beer bottles/cans and alcohol bottles must be removed from the house and returned to the store within ONE week of consumption.

10 ! WATER OVERAGES The monthly rent includes water, with a quarterly cap of $ total for the utility. If the monthly total of this bill exceeds the $ monthly cap, the tenants agree to pay the landlord the difference. The landlord will provide PDF copies of the bills every billing cycle, (usually every 90 days). If the amount is exceeded, it is the tenant s responsibility to notify the landlord of any problems as soon as possible (ie: careless tenant leaving water running when not necessary).! GUESTS; Overnight guests are permitted, but only for short stays. Anyone found to be sharing a room on a full time basis or allowing someone to stay at the house for multiple days will be evicted.! PARKING; As a result of VERY limited parking, the driveway is strictly to be used by paying tenants of the property. Friends, family members, etc will have to park elsewhere. This is for the sole benefit of the tenants themselves.! SNOW REMOVAL; The Tenant agrees that they are responsible for clearing all snow from both the driveway and the sidewalks that border the property. Shovels and salt will be provided by the landlord or his/her representative.! PICTURES/POSTERS; The tenant agrees NOT to puncture the walls of the property in any way for the purpose of hanging pictures, shelving, curtains, blinds, etc without express consent of the Landlord or his/her agent or representation. Any posters that are hanged should be done with tape or stick tack that does not dame the walls or the paint of the property.! FRIDGES/FREEZERS; The tenant is not permitted to bring any additional refrigerators or freezers into the premises without the express consent of the Landlord or his/her agent or representation.! SPACE HEATERS; The tenant is not permitted to bring any additional space heaters into the premises without the express consent of the Landlord or his/her agent or representation.! SOCIAL MEDIA; The tenant agrees to refrain from posting the address of the leased property or pictures of the leased property on any outlets of social media; ie, Instagram, Twitter, Facebook, etc.

11 ! CONTACT INFORMATION; The tenant agrees to provide the Landlord or Agent with any change that may occur with the tenant contact information, including both addresses and phone numbers.