RESIDENTIAL LEASE PACKAGE Table of Contents Lease Documents Residential Lease Agreement pages 2-7 Addenda Zero Tolerance for Criminal Activity page 8 Information Documents Tenant Welcome Letter page 9 Newfoundland & Labrador Residential Tenancies Act pages 10-38 2014 ezlandlordforms.com
RESIDENTIAL LEASE AGREEMENT This agreement, dated May 23, 2014, is between Ralph Furley and Jack Tripper: 1. LANDLORD: The Landlord(s) and/or agent(s) is/are: Ralph Furley (Owner) and will be referred to in this Lease Agreement as "Landlord." 2. TENANT: The Tenant(s) is/are: Jack Tripper and will be referred to in this Lease Agreement as "Tenant." 3. RENTAL PROPERTY: The Landlord agrees to rent to the Tenant the property described as a(n) apartment located at 2985 Ash St, Vancouver, BC, V5Z 1M9, which will be referred to in this Lease as the "Leased Premises." 4. TERM OF LEASE AGREEMENT: The Lease Agreement will begin on June 1, 2014 and will end on May 31, 2015. 5. USE & OCCUPANCY OF PROPERTY: A. The only person(s) living in the Leased Premises is/are: Jack Tripper B. Any change in occupancy will require written consent of the Landlord and may be subject to an adjustment in the amount of rent. C. The Tenant will use the Leased Premises only as a residence. 6. RENT: A. The amount of the Rent is $1,000.00 to be paid monthly. B. The rent is due in advance on or before the 1st day of each month. The rent due date is the date the Landlord must receive the Tenant's payment. C. Tenant(s) agree to pay the rent and all additional rent when due on time, without demand. All additional charges, costs and fees set forth throughout this Lease Agreement, are considered to be additional rent. Upon the non-payment of additional rent, Landlord will have the same rights to proceed against the Tenant(s) for the collection or eviction as if Tenant(s) defaulted on the rental payment. D. Rental payments are made payable to: Ralph Furley E. Rental payments paid by Certified Check, Personal Check, and/or Money Order shall be delivered to the Landlord at: Ralph Furley, 29485 Independence Dr., Vancouver, BC V5Z 1M9 7. FUNDS COLLECTED ON OR BEFORE LEASE SIGNING: The following funds are due on or before the signing of this Lease Agreement unless otherwise agreed to in writing: First month's Rent $1,000.00 Security Deposit $1,000.00 (R) TOTAL DUE $2,000.00 Funds marked with (R) are refundable in accordance with the terms and conditions of this Lease and all applicable laws, while funds marked with (NR) are non-refundable fees. 8. LATE FEE: A. If the rent or any other charges are not received by the Landlord on or before 5 days after the rent due date, Tenant must pay a late fee of $25.00 in addition to the rent. 2014 ezlandlordforms.com Initials of all Tenants Page 2
B. Payments received by Landlord when there are arrearages, shall be credited first, to any outstanding balance, and then applied to the current amount due. 9. RETURNED PAYMENTS: A. A returned payment fee of $25 will be added for all returned payments. A personal check will not be accepted as payment to replace a returned payment. B. If there are 2 or more instances of returned payments, Tenant(s) agree that the Landlord may require all future payments to be made only by CertifiedCheck or MoneyOrder. C. If your financial institution returns your rental payment and causes the rental payment to be late, a late charge will apply. 10. SECURITY DEPOSIT: A. The Tenant(s) have paid to the Landlord a Security Deposit of $1,000.00. B. Tenant agrees that this security deposit is intended to secure the faithful performance by the Tenant of all terms, covenants and conditions of this Lease Agreement including but not limited to the cost of damages beyond normal wear and tear, unreturned keys, unpaid rent and any other amount due and legally allowable under the terms of this Lease Agreement and in accordance with national and local laws and regulations. C. Tenant may be responsible for any unpaid charges or attorney fees, suffered by the Landlord by reason of Tenant's default of this Lease in accordance with national and local laws and regulations. D. Under no circumstance can the Security Deposit be used as payment for rent and/or other charges due during the term of this Lease Agreement. E. Landlord's recovery of damages will not be limited to the amount of the Security Deposit. 11. ENDING THE LEASE: At the end of this Lease Agreement or any renewal thereof, Tenant must vacate and shall immediately and peacefully surrender and return to the Landlord the possession of the Leased Premises in broom-clean condition and in as good condition as when Tenant took possession. The Leased Premises shall be cleared out of all occupants, furniture, personal articles, and effects of any kind. 12. UTILITIES & SERVICES: A. Tenant is responsible for the following utilities and services: Electricity and Gas and is required to register the utilities and services in Tenant's name. Tenant understands and agrees that essential services are to be maintained and operational at all times. B. Landlord will be responsible for the following utilities and services: Water I. Tenant agrees that Landlord will not be held responsible for the loss of use, or discontinuation or interruption of any utility or extra services beyond the Landlord's control. II. Tenant shall notify the Landlord of any malfunction of a utility. III. Tenant may not be negligent in his/her use of any included utility or service. If by tenants negligence, the utility bill or service fee dramatically increases, tenant will be billed for any overages which will then be due and payable by tenant as additional rent. 13. APPLIANCES: A. Landlord will supply and maintain: Washing Machine, Dryer, Refrigerator, and Stove. I. Tenant will keep appliances provided by Landlord in good working order and shall report any malfunction to the Landlord. Any damage sustained due to the neglect or misuse by Tenant will become the full responsibility of the Tenant, either in the appliance repair or replacement. II. Tenant agrees that the items specified above are the property of the Landlord and will remain with the Leased Premises at the end of this lease term. B. Tenant must have written approval before installing any appliance. Landlord accepts no responsibility for the maintenance, repair or upkeep of any appliance supplied by the Tenant. Tenant agrees he/she is responsible for any damage that occurs to the Leased Premises resulting from the addition of any appliance that is supplied by the Tenant. 2014 ezlandlordforms.com Initials of all Tenants Page 3
14. MAINTENANCE AND REPAIRS: Landlord shall be responsible for repairs in or about the Leased Premises unless caused by the negligence of the Tenant. Tenant will be responsible for any repairs caused by his/her negligence. A. It is the responsibility of the Tenant to promptly notify the Landlord of the need for any repair of which the Tenant becomes aware. B. If any required repair is caused by the negligence of the Tenant and/or Tenant's guests, the Tenant will be fully responsible for the cost of the repair and/or replacement that may be needed. C. The Tenant must keep the Leased Premises clean and sanitary at all times and remove all rubbish, garbage, and other waste, in a clean, tidy and sanitary manner. D. Tenant must abide by all local recycling regulations. E. The Tenant shall properly use and operate all electrical, cooking and plumbing fixtures and keep them clean and sanitary. F. The Tenant is not permitted to paint, make any alterations, improvements or additions to the Leased Premises without first obtaining the written permission of the Landlord. The Landlord's permission to a particular painting, alteration, improvement, or addition shall not be deemed as consent to future painting, alterations, improvements, or additions. G. The Tenant is responsible for removing snow and ice from stairs and walkways. H. The Tenant shall maintain the lawn and landscaping by cutting grass, removing weeds and pruning trees. 15. CONDITION OF PROPERTY: A. The Tenant acknowledges that the Tenant has inspected the Leased Premises and at the commencement of this Lease Agreement, the interior and exterior of the Leased Premises, as well as all equipment and any appliances are found to be in an acceptable condition and in good working order. B. The Tenant agrees that neither the Landlord nor his agent have made promises regarding the condition of the Leased Premises. C. The Tenant agrees to return the Leased Premises to Landlord at end of the Lease Agreement in the same condition it was at the beginning of the Lease Agreement. 16. PETS: Pets are not allowed. 17. RULES AND REGULATIONS: A. Late fees are strictly enforced and any unpaid fees will not be waived. B. The Tenant may not interfere with the peaceful enjoyment of the neighbors. C. Garbage/Trash must be taken to the curb on the scheduled day(s) of trash removal and not before. D. The Tenant will be responsible for any fine and/or violation that is imposed on the Landlord due to the Tenant s negligence. E. The Tenant shall notify the police and Landlord of any illegal activity that is witnessed in or around the Leased Premises. F. The Tenant agrees not to use the Leased Premises for any unlawful purpose including but not limited to the sale, use or possession of illegal drugs on or around the Leased Premises. G. The Tenant agrees to test smoke detector(s) periodically as well as maintain operational batteries at all times. H. The Tenant must report any malfunction with smoke detector(s) immediately to Landlord. The Tenant agrees not to remove, dismantle or take any action to interfere with the operation of any smoke detector(s) installed on the Leased Premises. I. Absolutely no hazardous materials are permitted to be in or around the Leased Premises at any time. J. The Tenant may not use or store Kerosene or space heaters at any time in or around the Leased Premises. K. Under no circumstance may a stove, oven or range be used as a source for heat. L. Charcoal and Gas Barbecue grills may not be used inside the Leased Premises. M. The Tenant shall use ventilating fans at all times when bathing and cooking. N. All windows and doors must remain closed during inclement weather. O. The Tenant shall notify Landlord of any pest control problems. P. The Tenant must notify Landlord of any changes in employment. Q. The basement and/or attic may not be modified for the use as living quarters without written permission of the Landlord. 2014 ezlandlordforms.com Initials of all Tenants Page 4
R. The Tenant may not store or park a recreational vehicle, commercial vehicle, or watercraft on Leased Premises without Landlord's written permission. 18. ADDENDA: The following Addenda, attached to this Lease Agreement, shall become part of this Lease Agreement: A. Zero Tolerance for Criminal Activity 19. INSURANCE: Tenant agrees to be solely responsible for any damage to or loss of the Tenant's personal property. Accordingly, the Tenant is required to obtain personal property/renter's insurance with an insurance company properly licensed to do business in the country. This policy must become effective on or before the beginning date of this Lease Agreement. 20. SECURITY NOT PROMISED: The Tenant has inspected and acknowledges that all locks and smoke detectors are in working order. Any provided fire extinguishers, security alarm systems, and/or carbon monoxide detectors have also been inspected by the Tenant and are in sound working order. Tenant understands that although the Landlord makes every effort to make the Leased Premises safe and secure, this in no way creates a promise of security. 21. RIGHT OF ENTRY: A. Landlord and/or his agents, with 24 hours written notice have the right during the term of this Lease Agreement to enter during reasonable hours to inspect the premises, make repairs or improvements or show prospective buyers and/or Tenant(s) the property. B. In the event of an emergency, Landlord reserves the right to enter Leased Premises without notice. It is required that Landlord have a working set of keys and/or security codes to gain access to the Leased Premises. I. Tenants will not change, or install additional locks, bolts or security systems without the written permission of the Landlord. II. Unauthorized installation or changing of any locks will be replaced at the Tenant's expense. III. Tenant shall be responsible for any and all damages that may occur as a result of forcible entry during an emergency where there is an unauthorized placement of a lock. 22. LEASE RENEWAL: A. At the end of the this Lease Agreement, this lease will continue in full force and effect on a month to month basis unless Tenant or Landlord provides written notice to the other party at least 60 days before the end of the term (Term of Lease Agreement) to terminate the Lease (including any exercised renewal or extension thereof). 23. NOTICES: A. Any notice, required by the terms of this Lease Agreement shall be in writing. B. Notices sent to the Landlord may be sent to the following: I. 29485 Independence Dr., Vancouver, BC, V5Z 1M9 II. Email: defaults@ezlandlordforms.com C. Notices may be given by either party to the other in any of the following ways, or any other manner provided for by law: I. Regular mail II. Personal delivery III. Certified or registered mail, return receipt requested IV. E-mail 2014 ezlandlordforms.com Initials of all Tenants Page 5
24. ABANDONMENT: If Tenant vacates the Leased Premises before the end of the Lease term or renewal thereof without written permission from the Landlord, Landlord may, at Landlord's sole discretion, hold Tenant in default of this Lease Agreement. If the Tenant fails to follow proper move out procedures, Tenant will be responsible for any and all damages and losses allowed by national and local regulations as well as this Lease. 25. LANDLORD'S REMEDIES: If Tenant violates any part of this Lease Agreement including non-payment of rent, the Tenant is in default of this Lease Agreement. In the event of a default, the Landlord may initiate legal proceedings in accordance with national and local regulations to evict or have Tenant removed from the Leased Premises as well as seek judgment against Tenant for any monies owed to Landlord as a result of Tenant's default. 26. SUBORDINATION: This Lease Agreement is subject and subordinate to any lease, financing, loans, other arrangements, or right to possession with regards to the building or land that the Landlord is obligated to now or in the future including existing and future financing, and/or loans or leases on the building and land. 27. CONDEMNATION: If the whole or any part of the Leased Premises is taken by any authority having power of condemnation, this Lease Agreement will end. Tenant shall peaceably vacate the Leased Premises and remove all personal property and the lease terms will no longer apply. The Tenant, however is responsible for all rent and charges until such time that Tenant vacates the Leased Premises. 28. ASSIGNMENT OR SUBLEASE: Tenant agrees not to transfer, assign or sub-lease the Leased Premises without the Landlord's written permission. 29. JOINT AND SEVERAL LIABILITY: The Tenant understands and agrees that if there is more than one Tenant that has signed the Lease Agreement, each Tenant is individually and completely responsible for all obligations under the terms of the Lease Agreement. 30. MISREPRESENTATION: If any information provided by Tenant in application for this Lease is found to be knowingly incorrect, untruthful and/or misleading, it is a breach of this Lease. 31. BINDING OF HEIRS AND ASSIGNS: All provisions, terms and conditions of this Lease Agreement shall be binding to Tenant, Landlord, their Heirs, Assignees and Legal Successors. 32. SEVERABILITY: If any part of this Lease Agreement is not valid, enforceable, binding or legal, it will not cancel or void the rest of this Lease Agreement. The remainder of the Lease Agreement will continue to be valid and enforceable by the Landlord, to the maximum extent of the laws and regulations set forth by national and local governments. 33. GOVERNING LAW: This Agreement shall be governed, construed and interpreted by, through and under national and local laws. 34. PARAGRAPH HEADINGS: Paragraph headings in this Lease Agreement are for convenient reference only and do not represent the rights or obligations of the Landlord or Tenant. 2014 ezlandlordforms.com Initials of all Tenants Page 6
35. ENTIRE AGREEMENT: A. Landlord and Tenant agree that this Lease Agreement and any attached Addenda, Rules and Regulations, and/or Special Terms and Conditions accurately represent all terms and agreements between the Landlord and Tenant regarding the Leased Premises. B. Tenant acknowledges the receipt of any disclosures required by national and local laws as well as any disclosures required by national and local jurisdictions. APPLICATION OF THE RESIDENTIAL TENANCY ACT 1. The terms of this tenancy agreement and any changes or additions to the terms may not contradict or change any right or obligation under the Residential Tenancy Act or a regulation made under that Act, or any standard terms. If a term of this tenancy agreement does contradict or change such a right, obligation or standard term, the term of the tenancy agreement is void. 2. Any change or addition to this tenancy agreement must be agreed to in writing and initialed by both the landlord and the tenant. If a change is not agreed to in writing, is not initialed by both the landlord and the tenant or is unconscionable, it is not enforceable. 3. The requirement for agreement under subsection (2) does not apply to: a. a rent increase given in accordance with the Residential Tenancy Act, b. a withdrawal of, or a restriction on, a service or facility in accordance with the Residential Tenancy Act, or c. a term in respect of which a landlord or tenant has obtained a dispute resolution officer's order that the agreement of the other is not required. RESOLUTION OF DISPUTES Either the tenant or the landlord has the right to apply for dispute resolution to resolve a dispute, as provided under the Residential Tenancy Act. NOTICE: This is an important LEGAL document. You may have an attorney review the Lease Agreement prior to signing it. If the Landlord fails to enforce any provision of this Lease Agreement, it will not constitute a waiver of any default, future default or default of the remaining provisions. Time is of the essence in this Lease Agreement. By signing this Lease Agreement, the Tenant certifies that he/she has read, understood and agrees to comply with all of the terms, conditions, Rules and Regulations of this Lease Agreement including any addenda and that he/she has received the following: 1. Copies of all Addenda, Rules and Regulations, Special Terms and Conditions, and Applications. 2. All necessary Key(s), Garage Door Opener(s), Security Card(s), and/or Auto Sticker(s) to the Leased Premises. Tenant's Signature: Date: Landlord/Agent Signature: Date: 2014 ezlandlordforms.com Initials of all Tenants Page 7
ADDENDUM: ZERO TOLERANCE FOR CRIMINAL ACTIVITY Landlord: Ralph Furley Tenant: Jack Tripper Leased Premises: 2985 Ash St, Vancouver, BC V5Z 1M9 This LEASE ADDENDUM is incorporated into and made part of the Lease executed by the Landlord and the Tenant referring to and incorporating the Leased Premises. The Landlord has zero tolerance for criminal activity in or around the Leased Premises. This policy applies to all Tenants, occupants, guests, and any visitors in or around the Leased Premises. The Landlord will immediately report any evidence of criminal activity to the proper authorities, and the Tenant's engagement in any criminal activity is a default of the Lease. The Tenant understands his/her responsibility to call the police/emergency services and report any suspicious activity observed, and then notify the Landlord. The Tenant understands that disturbances of the peace not only infringe on the neighbors' peaceful enjoyment of their property, but are also a default of the Lease. In the event of any criminal activity in which the Tenant is directly or indirectly involved, the Landlord will take the legal measures necessary to evict the Tenant(s) from the Leased Premises. This includes but is not limited to illegal drug activity, gang involvement, organized crime and disturbances of the peace. The Tenant understands that violation of this addendum is a default of the Lease and will result in the Landlord taking the necessary steps towards eviction of the Tenant. The Tenant may then be responsible for the rent remaining due for the balance of the Lease term, court costs, attorney fees, and other charges in accordance with all applicable BC, local laws and regulations. Tenant's Signature: Date: Tenant's Signature: Date: Tenant's Signature: Date: 2014 ezlandlordforms.com Page 8
Welcome To Your New Home We are pleased that you have chosen our property as your new home. Please take the time to review the following Welcome Package. The following pages contain handy hints and helpful information including addresses and phone numbers for your utility companies. Please take the time to review the following frequently asked questions. How do I handle repairs that may be needed? First, you must notify us of any repairs, no matter how minor they may seem. The responsibility of the repair will be determined by the terms of your Lease. In the event that the Landlord is responsible for the needed repair, please be aware that all repairs will be prioritized and emergencies will be handled first. Make sure that all repairs are reported in a timely manner. Remember that an ignored repair may become a large project, therefore subjecting you to a large expense. Any repair which goes unreported, thereby causing further damage to the Leased Premises or that of a neighboring tenant, may be construed as a nuisance and will be handled as such. This type of neglect will incur further charges to your account and may change the liability of the repair and subsequent repairs. We must have access to the Leased Premises to perform any repairs or maintenance. What if my rent is late? Your rent is due and expected on the rent due date specified in your Lease agreement. Payment not received on time may be subject to late fees or other charges. It is important that rent payments are paid promptly. Remember that chronic late payments may result in legal measures that may lead to your eviction. What do I do if I lose my key? It is important that you take care of your entrance keys. Occasionally, you may find yourself locked out of your home or in need of a replacement key, if this occurs, there will be a $ charge. Why do I need renter s insurance? Under most circumstances the Landlord is not responsible for your personal property. It is important to have renter s insurance to cover your belongings in the event of an unforeseen disaster. This type of insurance is inexpensive insurance and well worth it. What if I am having a problem or concern with a neighbor? It is important to try to get along with your neighbors. If you have a problem or concern with a neighbor, it is usually best to try to resolve the problem amongst yourselves. Refrain from using foul language or engaging in verbal arguments. Of course, if you are unable to resolve the problem, feel free to contact me or the local authorities. Can I make changes or improvements to the Leased Premises, such as painting or landscaping? We often welcome your improvements to your residence and yard. We ask kindly that you check with us first before making any changes. Changes or improvements to your home must be documented and most will receive verbal approval. However, some changes or alterations to the property will require written consent. It is important to read the Lease thoroughly and ask questions about anything that you may not understand. Below are some additional important guidelines to follow. It is important to keep the leased premises in a clean, sanitary and safe condition. Please make sure that trash is disposed of correctly as to avoid any pest control problem. Make sure to check the batteries in the smoke detectors, periodically, to ensure the safety of your family. Candles are not recommended therefore, please be careful not to leave a lit candle unattended. Do not give or loan your entrance key or code to anyone not listed on the Lease. Be considerate of your neighbors. We want you to be happy in your home and welcome any suggestions. Please feel free to contact us with any questions or concerns regarding your home. We really appreciate having you as one of our tenants and hope that you will enjoy your new home. 2012 ezlandlordforms Page 9
Page 1 of 29 Copyright 2006: Queen s Printer, St. John's, Newfoundland and Labrador, Canada This is an official version. SNL2000 CHAPTER R-14.1 RESIDENTIAL TENANCIES ACT, 2000 Amended: 2001 c42 s38; 2004 c36 s38; 2007 cs-5.1 s46 (not in force - therefore not included here) CHAPTER R-14.1 AN ACT RESPECTING TENANCIES OF RESIDENTIAL PREMISES (Assented to May 12, 2000 ) Analysis 1. Short title 2. Definitions 3. Application of Act 4. Crown bound 5. Provision of rental agreement and information 6. Types of rental agreement 7. Landlord and tenant relationship 8. Statutory conditions 9. Rent paid in other than money 10. Future rent 11. Rent for fixed term rental agreement Page 10
Page 2 of 29 12. Security deposit 13. Fee for failure to pay rent 14. Rental increase 15. Record of tenant s payments 16. Inspection of documents 17. Notice of termination of rental agreement 18. Notice where failure to pay rent 19. Notice where material breach of agreement 20. Notice when premises uninhabitable 21. Notice where tenant s obligation not met 22. Notice where landlord fails to provide peaceful enjoyment 23. Notice when tenant fails to comply with peaceful enjoyment 24. Group eviction 25. Termination for invalid purpose 26. Entry by public 27. Abandonment of premises by tenant 28. Abandoned personal property 29. Seizure of property 30. Service of notice 31. Appointment of director 32. Powers of director 33. Liability of director 34. Investigations 35. Application to director 36. Refusal of application 37. Withdrawal of application 38. Investigation and mediation of application 39. Rules of a hearing 40. Notice of hearing or order 41. Order of the director 42. Authority of director 43. Reconsideration of order 44. Appeal from director s order 45. Offence 46. Regulations 47. Fees and forms 48. Application of this Act 49. RSN 1990 cr-14 Rep. Page 11
Page 3 of 29 50. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Residential Tenancies Act,2000. 2000 cr-14.1 s1 Definitions 2. In this Act (a) "director" means the Director of Residential Tenancies; (b) "landlord" includes (i) an owner, (ii) a lessor or person who has authority to enforce the rights given to a landlord by this Act, and (iii) a person considered to be a landlord under section 3, and includes that person s heir, assign, personal representative and successor in title; (c) "minister" means the minister appointed under the Executive Council Act to administer this Act; (d) "mobile home" means a dwelling unit used as residential premises and designed to be mobile but does not include a travel trailer, camper trailer or other similar trailer; (e) "mobile home park" means a related group of mobile homes, and includes the land, a structure, a service and a facility available for the use and enjoyment of a tenant; (f) "rent" means money or other value paid, or by a rental agreement required to be paid, by a tenant to a landlord before or during the occupancy of residential premises for the use or occupation of the premises and includes (i) an amount payable for the use of furniture contained in the residential premises, (ii) an amount payable for the cost of utilities, (iii) a fee assessed under section 13, and (iv) a payment made to a landlord on the sale of a mobile home including (A) a payment for the right to occupy the land, and (B) a fee charged to connect a mobile home to a service or a facility; (g) "rental agreement" means a written, oral or implied agreement, including a lease, between a landlord and a tenant in which the tenant is granted the right to use or occupy residential premises on the condition rent is paid by the tenant to the landlord; Page 12
Page 4 of 29 (h) "rental period" means the weekly or monthly interval for which rent is payable under a rental agreement; (i) "residential complex" means (i) a building or part of a building or a related group of buildings in which residential premises are located, and includes the land, a structure, a service and a facility available for the use and enjoyment of a tenant, and (ii) a mobile home park; (j) "residential premises" means (i) living accommodation that is rented and is used or intended for use by a tenant as a residence, and (ii) land leased by a tenant upon which the tenant locates a mobile home; (k) "security deposit" means money or other value paid, or by a rental agreement required to be paid, by a tenant to a landlord to be held as security for the performance of an obligation or a liability of the tenant; and (l) "tenant" includes (i) a person who is entitled to use or occupy residential premises under a rental agreement, (ii) a person considered to be a tenant under section 3, and (iii) a person who enters into a rental agreement for the purpose of renting the residential premises for use or occupation by another person, and includes that person s heir, assign, and personal representative. 2000 cr-14.1 s2 Application of Act 3. (1) Notwithstanding another Act or agreement, declaration, waiver or statement to the contrary, this Act applies where the relationship of landlord and tenant exists in respect of residential premises. (2) Notwithstanding another Act or agreement, declaration, waiver or statement to the contrary, this Act applies to residential premises and residential complexes and to rental agreements, whether made before or after this Act comes into force. (3) The relationship of landlord and tenant shall be considered to exist in respect of residential premises where the tenant (a) possesses or occupies residential premises and has paid or agreed to pay rent to the landlord; (b) makes an agreement with the landlord by which the tenant is granted the right to possess or occupy residential premises in consideration of the payment of or the promise to pay rent; or Page 13
Page 5 of 29 (c) has possessed or occupied residential premises and has paid or agreed to pay rent to the landlord. (4) This Act does not apply to (a) living accommodations occupied on a transient basis provided in a hotel, motel, inn, tourist home or hostel, or other similar accommodation; (b) living accommodation occupied as a vacation home for a seasonal or temporary period; (c) living accommodation occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care; (d) living accommodation provided to temporarily shelter persons in need; (e) living accommodation provided in a hospital, nursing home or a home established to provide personal care for the aged; (f) living accommodation provided by an educational institution to its students including housing units for students owned by Memorial University of Newfoundland; (g) living accommodation provided by a religious, charitable or non-profit organization for the purpose for which it is established; (h) living accommodation provided by a cooperative housing corporation to its members or shareholders who occupy the living accommodation; (i) living accommodation attached to premises occupied for a business purpose where both are under a single rental agreement, unless the person occupying the living accommodation is someone other than the person occupying the premises for business purposes; (j) living accommodation (i) whose occupant is required to share a bathroom or kitchen facility with the owner who lives in the building in which the living accommodation is located, or (ii) in which meals or bed linens are provided; (k) a government agency that pays rent on behalf of a tenant; (l) an attornment clause in a mortgage or other instrument creating a security interest in residential premises; and (m) residential complexes or residential premises that are exempted from this Act by regulation. (5) An arrangement, payment or other device, the purpose of which is to defeat this Act, is against public policy and void. 2000 cr-14.1 s3 Crown bound 4. (1) The Crown is bound by this Act. Page 14
Page 6 of 29 (2) Notwithstanding subsection (1), where residential premises are owned or administered by or for the Government of Canada or the province or a municipality or an agency of one of them and the rent for the premises is directly subsidized by the Government of Canada or the province, this Act does not apply to the (a) setting of rent based on the tenant s income; (b) subletting of the residential premises; (c) allocation of the residential premises based on household size; and (d) setting of a security deposit under subsection 12(1). 2000 cr-14.1 s4 Provision of rental agreement and information 5. (1) Upon entering into a rental agreement, the landlord, shall, without cost to the tenant, provide the tenant with a copy of this Act, and where requested by the landlord, the tenant shall sign an acknowledgement of receipt. (2) Where a landlord and tenant enter into a written rental agreement, the landlord shall, without cost to the tenant, provide the tenant with a duplicate copy of the executed rental agreement within 10 days after it is executed, and where requested by the landlord the tenant shall sign an acknowledgement of receipt. (3) Where the landlord has not provided the tenant with a duplicate copy of the executed rental agreement under subsection (2), notwithstanding the provisions of the rental agreement, the tenant is not required to pay rent for the period of time from execution of the rental agreement until the landlord complies with that subsection. (4) Rent paid by the tenant to the landlord which the tenant was not required to pay under subsection (3) may be retained by the landlord. (5) At the time a landlord and tenant enter into a rental agreement, the landlord shall, without cost to the tenant, give the tenant a written notice stating (a) the landlord s name, telephone number and address where documents may be received, delivered or served by the tenant; and (b) if the landlord has an agent responsible for the residential premises, that person s name, telephone number and address. (6) Where a landlord is replaced by a new landlord, the new landlord shall immediately, without cost to the tenant, give the tenant a written notice (a) containing the information set out in paragraphs (5)(a) and (b); and (b) stating the amount of the security deposit held under subsection 12(4) and the interest credited under subsection 12(5) to the date when the new landlord took possession of the premises. (7) A landlord shall, without cost to the tenant, immediately notify the tenant in writing of a change to the information under paragraphs (5)(a) or (b). (8) Where a landlord is a corporation registered under the Corporations Act, the notice Page 15
Page 7 of 29 under subsections 5(5), (6) and (7) shall include the corporation's name as registered under that Act. 2000 cr-14.1 s5 Types of rental agreement 6. (1) A landlord shall not enter into a rental agreement unless the premises are rented (a) from week to week; (b) from month to month; or (c) for a fixed term of not less than 6 months and not more than 12 months. (2) Where residential premises are rented for a period (a) that is less than one week, the residential premises shall be considered to be rented from week to week; and (b) that is more than one week and less than 6 months, the residential premises shall be considered to be rented from month to month. (3) Where a tenant retains possession of residential premises after a fixed term under paragraph (1)(c) has expired, and notice of termination of the rental agreement (a) has not been given, the relationship of landlord and tenant shall continue under the terms and conditions in the rental agreement, but the tenancy may be terminated by giving notice in accordance with paragraph 17(2)(b) or 17(3)(b); or (b) has been given, the relationship of landlord and tenant shall continue under the terms and conditions in the rental agreement until the expiration of the notice period. 2000 cr-14.1 s6 Landlord and tenant relationship 7. (1) A relationship of landlord and tenant may take effect at law or in equity from the date fixed for commencement in a rental agreement, without actual entry. (2) The doctrine of frustration of contract and the Frustrated Contracts Act apply to the relationship of landlord and tenant. (3) A common law rule respecting the effect of the breach of a material covenant by a party to a contract on the obligation to perform by the other party applies to the relationship of landlord and tenant. (4) Where a relationship of landlord and tenant exists, a covenant concerning a thing related to the residential premises is considered to run with the land whether or not the thing is in existence at the time the relationship commenced. 2000 cr-14.1 s7 Page 16
Page 8 of 29 Statutory conditions 8. (1) Notwithstanding an agreement, declaration, waiver or statement to the contrary, where the relationship of landlord and tenant exists, there shall be considered to be an agreement between the landlord and tenant that the following statutory conditions governing the residential premises apply. 1. Obligation of the Landlord (a) The Landlord shall maintain the premises in a good state of repair and fit for habitation during the tenancy and shall comply with a law respecting health, safety or housing. (b) Paragraph (a) applies regardless of whether, when the landlord and tenant entered into the rental agreement, the tenant had knowledge of a state of non-repair, unfitness for habitation or contravention of a law respecting health, safety or housing in the premises. 2. Obligation of the Tenant - The tenant shall keep the premises clean, and shall repair damage caused by a wilful or negligent act of the tenant or of a person whom the tenant permits on the premises. 3. Subletting Premises - The tenant may assign, sublet or otherwise part with possession of the premises subject to the consent of the landlord, and the landlord shall not arbitrarily or unreasonably withhold consent and shall not levy a charge in excess of expenses actually incurred by the landlord in relation to giving consent. 4. Mitigation on Abandonment - Where the tenant abandons the premises, the landlord shall mitigate damages that may be caused by the abandonment to the extent that a party to a contract is required by law to mitigate damages. 5. Entry of Premises - Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless (a) notice of termination of the rental agreement has been given and the entry is at a reasonable time for the purpose of exhibiting the premises to a prospective tenant or purchaser and a reasonable effort has been made to give the tenant at least 4 hours notice; (b) the entry is made at a reasonable time and written notice of the time of the entry has been given to the tenant at least 24 hours in advance of the entry; or (c) the tenant has abandoned the premises under section 27. 6. Entry Doors - Except by mutual consent, neither the landlord nor the tenant shall, during the use or occupancy of the premises by the tenant, alter a lock or locking system on a door that gives entry to the premises. 7. Peaceful Enjoyment (a) The tenant shall not unreasonably interfere with the rights of a landlord or other tenants in the premises, a common area or the property of which they form a part. (b) The landlord shall not unreasonably interfere with the tenant s peaceful enjoyment of the premises, a common area or the property of which they form a part. 8. Disconnection of Services - A landlord or tenant shall not, without the written consent of the other party to the rental agreement, disconnect or cause to be disconnected heat, water or electric power services being provided to the premises. (2) Where a landlord and tenant enter into a written rental agreement, the conditions set out in subsection (1) shall be reproduced in the agreement without variation or modification. Page 17
Page 9 of 29 2000 cr-14.1 s8 Rent paid in other than money 9. (1) Where rent is payable in part or in whole in other than money, a landlord shall give to the tenant a written memorandum, signed by the landlord, specifying the payment in other than money and valuing in money each item contained in the payment. (2) For the purpose of complying with subsection (1) the memorandum may form part of a written rental agreement. (3) Subsection (1) applies whether rent is payable in other than money on one or more occasions or on a regular basis. (4) Where the landlord fails to value in money each item contained in the payment under subsection (1), the director may, upon hearing an application, value each item contained in the payment. (5) Where there is not a written memorandum between the landlord and tenant which provides for payment of rent in whole or in part in other than money, the director may, upon hearing an application, determine whether a verbal agreement exists between the parties and may value in money each item contained in the payment. 2000 cr-14.1 s9 Future rent 10. (1) A landlord shall not require a tenant to make, or accept from a tenant, (a) a prepayment of the last week s or the last month s rent; or (b) a single rental payment that is greater than any other regular rental payment required under the tenancy agreement. (2) Notwithstanding subsection (1), a rental agreement may provide for the delivery of postdated cheques for the payment of rent. 2000 cr-14.1 s10 Rent for fixed term rental agreement 11. A rental agreement for a fixed term shall provide for payment of the rent by equal instalments, whether or not the total amount of rent payable for the term is stated. 2000 cr-14.1 s11 Security deposit 12. (1) Where a landlord obtains from a tenant a sum of money or other value that is in addition Page 18
Page 10 of 29 to the rent payable in respect of the residential premises, the sum of money or value shall be considered to be a "security deposit". (2) A landlord shall not demand, or receive from a tenant a security deposit that is (a) more than the amount of rent payable for the first 2 weeks where the residential premises are rented from week to week; (b) more than 3/4 of the amount of rent payable for the first month where the residential premises are rented from month to month; or (c) more than 3/4 of the amount of rent that would be payable for the first month if the rent was proportioned to a monthly payment where the residential premises are rented for a fixed term of not less than 6 months and not more than 12 months. (3) Where a landlord receives a security deposit that is more than the amount permitted under subsection (2), the tenant may set off against the rent due the difference between the amount paid and the amount permitted, together with interest on the amount of the difference at the rate prescribed in subsection (6). (4) Upon receipt of a security deposit, the landlord shall give the tenant a written acknowledgement of receipt stating the amount of the deposit, the date of receipt, and the residential premises and residential complex to which it applies. (5) Within 2 banking days of receipt of a security deposit, the landlord shall deposit it in an interest bearing trust account that is used exclusively for security deposits, and the trust account shall be located in the province in a financial institution authorized to accept deposits. (6) A landlord shall credit interest to the tenant on the full amount or value of the security deposit, at the rate prescribed by the regulations, during the time the security deposit is held by the landlord. (7) A security deposit is not an asset of the landlord, but is held by the landlord in trust and may be used, retained or disbursed only as provided in this section. (8) Not later than 15 days after the tenant vacates the residential premises, the landlord shall return the security deposit to the tenant unless the landlord has a claim for all or a portion of the security deposit. (9) Where a landlord has a claim for all or a portion of the security deposit, (a) the landlord and tenant may enter into a written agreement on the disposition of the security deposit; or (b) if there is no agreement under paragraph (a), the landlord or the tenant may apply to the director to determine the disposition of the security deposit. (10) Where the tenant makes an application under paragraph (9)(b), the landlord has 10 days from the date the landlord is served with a copy of the tenant s application, to make application to the director under paragraph (9)(b). (11) A landlord who does not make an application in accordance with subsection (10) shall return the security deposit to the tenant. (12) The failure of a landlord to apply under subsection (10) is not a bar to an application by the landlord under section 35, other than an application with respect to a claim against the security deposit. (13) For the purpose of subsections (7) to (12), "security deposit" includes the interest Page 19
Page 11 of 29 credited under subsection (6). 2000 cr-14.1 s12 Fee for failure to pay rent 13. (1) Where a tenant has not paid the rent for a rental period within the time specified in the rental agreement, the landlord may assess a late payment fee in an amount set by the minister. (2) Where a cheque for the payment of rent is returned to a landlord by a financial institution for reason of "not sufficient funds", the landlord may assess a fee in an amount set by the minister. 2000 cr-14.1 s13 Rental increase 14. (1) Notwithstanding another Act, agreement, declaration, waiver or statement to the contrary, a landlord shall not increase the rent payable by a tenant, (a) where the residential premises are rented for a fixed term, during the term of the rental agreement; (b) where the residential premises are rented from week to week or month to month, (i) more than once in a 12 month period, and (ii) notwithstanding subparagraph (i), during the 12 months immediately following the commencement of the rental agreement; or (c) where the relationship of landlord and tenant continues under subsection 6(3), (i) more than once in a 12 month period, and (ii) notwithstanding subparagraph (i), during the 12 months immediately following the commencement of the rental agreement for the fixed term. (2) Where a landlord increases the rent payable by a tenant, the increase shall be effective on the first day of a rental period, and the landlord shall give the tenant written notice of the increase (a) not less than 8 weeks before the effective date of the increase, where the residential premises are rented week to week; and (b) not less than 3 months before the effective date of the increase, where the residential premises are rented from month to month. (3) A notice under subsection (2) shall be signed by the landlord, identify the residential premises for which the notice is given, and (a) state the effective date of the increase; (b) state the amount of the increase; (c) state the rent payable when the increase becomes effective; and Page 20
Page 12 of 29 (d) be served in accordance with section 30. (4) Where a landlord discontinues a service, privilege, accommodation or thing or a service, privilege, accommodation or thing is unavailable for a time, and the discontinuance results in a reduction of the tenant s use and enjoyment of the residential premises, the value of the discontinued service, privilege, accommodation or thing is considered to be a rent increase. (5) The director may, upon hearing an application, value a service, privilege, accommodation or thing discontinued or unavailable for a time under subsection (4). (6) Notwithstanding subsection (1), where the landlord and tenant agree in writing, a landlord may increase the rent payable by a tenant for residential premises without notice under subsection (2) where the increase is due to the provision of a service, facility, privilege or thing, including a parking space, that was not previously provided under the rental agreement. 2000 cr-14.1 s14 Record of tenant s payments 15. A landlord shall maintain a complete and up-to-date record of (a) rent and other money received from a tenant; and (b) the receipt and disbursement of a security deposit and interest under section 12. 2000 cr-14.1 s15 Inspection of documents 16. The director may authorize a person in writing to enter the premises of a landlord, at a reasonable time, to determine compliance with this Act, and may authorize a person to demand the production of and inspect the books, documents, correspondence and records with respect to rent, a security deposit or other money received from a tenant. 2000 cr-14.1 s16 Notice of termination of rental agreement 17. (1) Except where a landlord and tenant agree in writing upon a longer period of notice, (a) a tenant shall give the landlord notice as required under subsection (2) that the rental agreement is terminated and the tenant is vacating the residential premises; and (b) a landlord shall give the tenant notice as required under subsection (3) that the rental agreement is terminated and the tenant is required to vacate the residential premises. (2) The notice required to be given by a tenant under paragraph (1)(a) is (a) not less than 7 days before the end of a rental period, where the residential premises are rented from week to week; Page 21