FURNISHED RESIDENTIAL TENANCY AGREEMENT
This is a Residential Tenancy Agreement dated February 14, 2004 between:
Name: Yizhen Gu and Xue Gu
303 - 1012 Broughton Street
and Vancouver, B.C., V6G 2A6
the Tenant(s): 1. Name: Wade Brookbank
The Tenant acknowledges that Unique Real Estate Accommodations Ltd. ("Unique") is
acting as the Landlord's agent strictly for the purposes of completing this Tenancy
Agreement and that Unique does not have any property management responsibilities with
respect to the Premises. All dealings the Tenant will have with the Owner respecting this
Agreement and the Premises will be directly with the Owner.
The address of the premises being rented to the Tenant is:
1606 - 1383 Howe Street
The Landlord and the Tenant hereby agree as follows:
1. Application of the British Columbia Residential Tenancy Act (“RTA”):
The terms of this Tenancy Agreement may not contradict or change any right or duty
under the RTA or a regulation made under that Act.
2. Length of the Tenancy:
This tenancy is for a fixed period of time of 76 nights starting at NOON on February 14,
2004 and ending at NOON on May 31, 2004. The Tenant must vacate the Premises
before NOON on May 31, 2004 unless otherwise agreed in writing by the Landlord and
(a) Payment of the Rent:
(i) The Tenant will pay rent of $3,000.00 to the Landlord’s Agent each month
on the first day of the month commencing February 14, 2004, subject to
rent increases in accordance with the RTA;
(ii) The Tenant will provide the Landlord’s Agent the first months rent, plus
any prorated months rent when for a tenancy commencing after the first
day of the month, at the time of booking and in advance of the
commencement date of the rental period;
(iii) The Tenant must pay the rent on time. If the rent is late, the Landlord may
issue to the Tenant a Notice to End the Tenancy, which may take effect
not earlier than 10 days after the date the Notice is given;
(iv) At the Landlord’s Agent’s request, the Tenant shall provide the Landlord
with post-dated rent cheques corresponding to the rental period.
A late payment of rent is subject to a charge against the security deposit as
liquidated damages, at the rate of Twenty-Five Dollars ($25.00) for each day the
rent is late. An NSF cheque is subject to a service charge of Thirty Dollars
($30.00). These charges are subject to change to reflect increases in the
Landlord’s costs. In the event of a Tenant’s cheque being returned NSF, the
Tenant shall immediately supply the rent payment in the form of cash, bank draft,
money order or certified cheque. This is due on the day the Tenant receives
notice of the NSF and it will be subject to late charges for each day it is not
received by the Landlord’s Agent.
4. Services included in the rent: (check the box(es) which apply and provide additional
information as needed).
Hot Water Condo Fees
Gas Local Phone
Electricity Voice Mail or Answering Machine
High Speed Internet Cable TV or Satellite TV
ADSL Gym/Country Club Membership
Wireless Internet 1 Parking stall(s)#102and
Maid Service (2x per month) Parking Permit Fee
Pool/Hot Tub Maintenance Alarm System
Maid Service (weekly) Misc.
5. Appliances/ and Equipment included in the rent: The following appliances, and
equipment are located in the Premises and are available for the Tenant’s use their use are
included in the rent.
Fridge VHS Player(s)
Dishwasher Sheets and Towels
Trash Compactor Window Coverings
Washer/Dryer Computer Printer
Microwave Cappuccino Maker
TV(s) Satellite Dish and Receiver
DVD Player(s) Fax Machine
6. Security Deposit:
(a) The Tenant has paid a security deposit for the Premises of $1,500.00 (equal to
one-half of the first month’s rent) on February 14, 2004.
(b) The Tenant has paid a security deposit for the Furniture of $1,500.00 on February
(c) The Tenant has paid a security deposit for pets allowed under paragraph 17 of
$ on .
(d) The Landlord agrees
(i) to return the security deposits and interest in accordance with the RTA to
the Tenant within 15 days of the end of this Tenancy Agreement less the
Landlord’s costs for a professional cleaning of the Premises, unless
(A) The Tenant agrees to allow the Landlord to keep all or part of the
security deposit as payment for unpaid rent or damages,
(B) An arbitrator has ordered the Tenant pay to the Landlord all or
part of the Security Deposit,
(C) The Landlord applies for arbitration under the RTA within 15
days of the end of this Tenancy Agreement to claim some or all
of the security deposit and interest.
(e) The 15-day period referred to in subparagraph (d) (i) does not start until the
Tenant provides the Landlord with a forwarding address in writing.
(f) The Tenant may not consider the security deposits and interest as rent.
The Tenant shall inspect the Premises at the start of the rental period and shall, within 3
days of the start of the rental period, notify the Landlord in writing of any defects or
damages. The Tenant consents to allowing the Landlord into the Premises promptly so
that the Landlord, upon receiving the notification of the defects and damages in writing
from the Tenant, may inspect the defects and damages.
(a) Landlord’s Duties:
The Landlord must provide and maintain the Premises in a reasonable state of
decoration and repair, making the Premises suitable for occupation. The Landlord
must comply with health, safety and housing standards required by law. The
Landlord shall not unreasonably delay in causing necessary alterations or repairs
to be done with due diligence and shall supply the Premises and services
according to statutory standards, except that during repairs to the heating or air
conditioning facilities, the Landlord shall not be bound to furnish any heat or
cooled air as the case may be; and the Landlord shall not be liable for indirect or
consequential damages, or damages for personal discomfort or illness, arising
from the want of heat, cool air, or hot and cold water, or electricity, or from
alterations or repairs to the Premises or any services. The Landlord shall not be
liable for indirect or consequential damages due to equipment failure or lack of
utility supply. Food spoilage is the responsibility of the Tenant.
(b) Tenant’s Duties:
The Tenant must maintain ordinary health, cleanliness and sanitary standards
throughout the Premises. With the object of protecting the Landlord’s property
from abusive use, the Tenant and guests of the Tenant shall use the Premises,
services, furniture, furnishings, equipment and facilities supplied by the Landlord,
prudently and carefully and shall be responsible for the cost of repairing or
making good any willful or negligent damage they have caused or permitted to be
caused on or in the Premises. The Tenant must take the necessary steps to repair
damage to the Premises caused by a willful or negligent act or omission of the
Tenant or guests of the Tenant. The Tenant is not responsible for reasonable wear
and tear to the Premises. The Tenant shall promptly report to the Landlord any
damage, unsafe condition, fault or deficiency in services, including leaking water.
Battery operated smoke, carbon monoxide, and/or heat detectors are the sole
responsibility of the Tenant. The Tenant shall ensure that those detectors are kept
in good condition and fully operational.
If the Tenant does not comply with the above duties, the Landlord may seek an
order through arbitration under the RTA for the cost of repairs; serve a Notice to
End the Tenancy, or both.
(c) Emergency Repairs:
The Landlord must provide to the Tenant the name and telephone number of a
contact person for emergency repairs.
If emergency repairs are required, the Tenant must make at least two (2) attempts
to notify the contact person and must give the Landlord reasonable time for
completion of the emergency repairs.
With the Landlord’s consent, the Tenant may undertake the emergency 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 such emergency repairs at any time.
For the purposes of this paragraph, emergency repairs must be urgent and
necessary for the health and safety of persons or preservation of property and are
(i) major leaks in the pipes or roof;
(ii) 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 Premises.
In the event of a fire, water or gas escape, the Tenant shall report it without delay
to the Landlord. The Tenant shall immediately warn any occupants of the
building in which the Premises are located. Unless the Landlord is proven at
fault, or the occurrence is an Act of God, the Tenant shall be liable to pay for any
costs arising from any hazard or threat to safety, including any fire, starting in the
Premises, or resulting from the conduct or action of the Tenant or the Tenant’s
guest. The Landlord shall not be liable to pay for any costs arising from any
hazard or threat to safety, including any fire starting in the Premises or resulting
from the conduct or action of the Tenant or the Tenant’s guest. In the event of a
hazard arising, the Landlord shall have the right to terminate this Tenancy
Agreement and may require the Tenant to vacate and deliver up possession of the
Premises on short notice.
9. Assign or Sublet:
The Tenant may not assign this Tenancy Agreement or sublet the Premises.
10. Occupants and Invited Guests:
The Landlord may not stop the Tenant from having a reasonable number of guests in the
Premises; however the number of permanent occupants is restricted to 1. Failure of the
Tenant to abide by this provision may result in the Landlord providing the Tenant with a
Notice to End the Tenancy.
Neither the Tenant nor the Landlord may change or add a lock or security device (for
example, a door chain) to the 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
Premises and the Tenant may change a defective lock on the Premises and promptly
provide the Landlord with a copy of the new key.
12. Entry of Premises by Landlord:
(a) For the duration of this Tenancy Agreement, the Premises constitute the Tenant’s
home and the Tenant is entitled to privacy, quiet enjoyment and to exclusive use
of the Premises.
(b) The Landlord, or the Landlord’s agents or tradesmen may enter the Premises only
if one of the following applies:
(i) the Landlord gives the Tenant a written notice which states why the
Landlord needs to enter the Premises and specifies a reasonable time for
the entry not sooner than 24 hours and not later than 72 hours from the
time the notice is given;
(ii) there is an emergency;
(iii) the Landlord wishes to view the state of repairs or the condition of the
Premises, with reasonable notice;
(iv) the Tenant has abandoned the Premises;
(v) the Landlord has the order of an arbitrator or court stating the Landlord
may enter the Premises;
(vi) the Landlord or its agents may enter the Premises within 24 hours notice
in order to show the Premises to potential new tenants or prospective
purchasers of the Premises. The Tenant agrees to cooperate with the
Landlord and/or its agents for this purpose.
13. Ending the Tenancy:
(a) The Landlord may end the tenancy only for the reasons and only in the manner set
out in the RTA. The Landlord must use the prescribed Notice to End the Tenancy
under the RTA.
(b) The Landlord and Tenant may mutually agree in writing to end this Tenancy
Agreement at any time.
(c) The Tenant agrees to return the Owner’s Manual, if any, to the Landlord with all
its contents at the end of the tenancy.
(d) In the event the Tenant suffers a loss of employment during the rental period, the
Landlord or the Landlord’s agent will make reasonable efforts to re-rent the
Premises in order to release the Tenant from their obligations hereunder.
(e) Upon the death of the Tenant, this Tenancy Agreement will automatically
(f) Should the Tenant vacate the Premises and stop paying rent before the end of the
rental period the Tenant agrees to forfeit all security deposits. The Tenant shall
also be liable for all costs associated with the Landlord’s efforts necessary to re-
rent the Premises and for all rent for any months that the unit remains vacant until
the end of the rental period.
14. Surrender of Premises:
At the end of the rental period the Tenant will vacate the Premises leaving it in a good,
clean condition and will remove all rubbish and unwanted possessions from the Premises.
If the Tenant fails to leave the Premises in a good, clean condition, the Tenant will be
subject to claims by the Landlord under the RTA. The Tenant will be responsible to pay
for a professional cleaning of the Premises at the end of the rental period.
15. Liability and Insurance:
The Tenant promises and agrees with the Landlord not to do, or permit to be done,
anything which may void or render voidable the policy or policies of insurance covering
the Premises, or which may cause the premiums in respect of the policies to be increased.
If the premiums are increased as a result of a breach of this covenant, the Tenant
undertakes to indemnify and save harmless the Landlord against such increases in
premiums and the indemnity will not prejudice the Landlord’s right to proceed against
the Tenant for breach of covenant.
Unless the Landlord is in breach of a lawful duty, the Tenant waives and releases the
Landlord from any liability whatsoever in connection with the use by the Tenant or guest
of the Premises including injuries or damage caused by anything done or omitted to be
done by the Tenant or the Tenant’s guest, or by the Landlord or his agents, servants, or
employees, or independent contractors.
The Tenant, acting prudently, shall carry tenant’s “all risks” insurance coverage for
personal property, third party liability, and “all risks” legal liability insurance coverage in
an amount of not less than the replacement cost of the Premises. The Tenant shall
provide copies of these insurance policies to the Landlord at the Landlord’s request.
16. Pets (check the box which applies)
The Tenant shall not keep, or allow to be kept in the Premises, any animals or pets,
domestic or wild, fur-bearing or otherwise.
The Tenant shall be permitted to keep the following pets in the Premises:
The Tenant shall ensure that the pets do not disturb other occupants of the
building and that no damages occur to the Premises as a result of having the pets.
This is a material condition of this Tenancy Agreement. If any damages occur of
any nature whatsoever directly attributable to any of the pets, the Tenant shall be
liable for such damages and shall pay the Landlord sufficient monies to
compensate the Landlord, and the Tenant may be subject to a Notice to End the
Tenancy. The Landlord may at any time, in its sole discretion, revoke permission
to keep pets.
17. Smoking (check the box which applies)
Smoking is not permitted inside the Premises.
Smoking is permitted inside the Premises.
18. Form K
Where the Premises is a strata lot, the Tenant(s) agrees to complete a Form K (a copy of
which is attached hereto), forthwith upon execution of this Tenancy Agreement.
19. Parking (check the box which applies)
The Tenant shall be permitted to park vehicles on the Premises.
The Tenant shall be permitted to use parking stall number(s) __________ and
No parking rights are afforded to the Tenant hereunder.
20. Joint and Several Liability
If the Tenant consists of more than one individual, the obligations of each of the Tenants
shall be joint and several.
21. Hot Tubs and Pools (check the box which applies)
The Premises includes a hot tub and/or pool and the Tenant shall be responsible for
the following associated maintenance:
The Premises includes a hot tub and/or pool and the Tenant is not responsible for
any associated maintenance but is responsible for prompt notice to the Landlord of
any maintenance or repairs required to the hot tub or pool.
The Tenant shall indemnify and save the Landlord and its agents harmless from any
and all liabilities arising from the use of the hot tub or pool by the Tenant or the
22. Decks and Balconies
Where the Premises include a deck and/or balcony, the Landlord provides no warranty or
representation with respect to the safety or fitness for use of the deck and/or balcony and the
Tenant shall use the deck and/or balcony at its own risk.
By signing this Tenancy Agreement, the Landlord and the Tenant are bound by its terms.
Landlord’s or Landlord’s Agent’s Signature day/month/year
Tenant’s Signature day/month/year
Tenant’s Signature day/month/year