Residential Lease Agreement
Sub Lease Not Allowed
This professionally-drafted document is an
agreement between a landlord and a tenant to lease
a certain residential premises for a specified term.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
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RESIDENTIAL LEASE AGREEMENT
THIS INDENTURE made in duplicate as of the ___ day of _________, 20____.
B E T W E E N:
___________________________,
(hereinafter called the "Landlord"),
OF THE FIRST PART,
- and -
___________________________,
(hereinafter called the "Tenant"),
OF THE SECOND PART.
WITNESS that in consideration of the rents, covenants and agreements
hereinafter reserved and contained on the part of the Tenant, his/her heirs, executors,
administrators, successors and assigns to be paid, observed and performed, the Landlord hereby
leases unto the Tenant, his/her heirs, executors, administrators, successors and assigns for use
and occupation as residential premises and for no other purpose, all those certain premises
known municipally as _____________________ (hereinafter called the "Premises") upon the
following terms and conditions:
1.00 To have and to hold the Premises for and during the term of __________ (____)
months/years to be computed from _____________ and ending on the _____ day of
_____________, 20____, (hereinafter called the "Term").
2.00 Yielding and paying therefore unto the Landlord during the said Term the sum of
________________ ($__________) Dollars in lawful money of United States/Canada to be
payable in equal consecutive monthly instalments of ______________ ($__________) Dollars
each payable in advance on the ______ (___) day of each and every month during the said Term.
3.00 The Tenant covenants and agrees to deliver rental payments to the Landlord by
the date due. If rental payments are not received by the date due, a collection charge of
________ ($_____) Dollars in addition to the monthly rent will immediately become due and
payable. In addition, for each cheque not honoured by the Bank or Trust Company upon which
it is drawn, a collection charge of __________ ($_______) Dollars in addition to the monthly
rent will become immediately due and payable.
4.00 The Landlord and the Tenant mutually covenant and agree that whenever in this
lease notice is required to be given by either the Landlord or the Tenant to the other, the same
shall be in writing and, except as otherwise provided, be deemed to be sufficiently given if
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mailed postage prepaid and registered mail to the Tenant at the Premises and notice to the
Landlord shall be addressed to ______________________. Notice so given shall be deemed to
have been received by the addressee on the fourth postal delivery day following the date on
which it is so mailed.
5.00 The Tenant covenants and agrees to pay rent, maintain the Premises in an
ordinary state of cleanliness, and repair any damage caused to the Premises by his/her wilful or
negligent conduct or that of persons who are permitted on the Premises by him. The Tenant
further covenants to leave the Premises in an ordinary state of cleanliness upon termination of
this Lease in the same condition as now exists, reasonable wear and tear excepted.
6.00 The Tenant covenants and agrees that it shall be his/her sole responsibility to pay
for all heat, hydro, water gas, cable and telephone charge required for the Premises and the
Tenant further covenants and agrees to hold the Landlord harmless for all accounts aforesaid
including arrears and penalties thereof
7.00 The Tenant covenants and agrees that he/she shall promptly notify the Landlord
of any repairs required to be made by the Landlord and, subject to the applicable provisions of
the Act, the Landlord shall be permitted to enter the Premises for the purposes of viewing and
making any such necessary repairs. The Landlord shall be permitted a reasonable time within
which to make any such repairs that are necessary.
8.00 The Tenant covenants and agrees not to assign or sublet this Lease.
9.00 The Landlord covenant with the Tenant for quiet enjoyment.
10.00 The Tenant covenants and agrees that he/she will not at any time during the Term,
use, or permit the use of the Premises for any business or for any purpose other than as his/her
own residential Premises and will not permit a nuisance to occur with respect to the use of the
Premises.
11.00 The Tenant covenants and agrees that, in case the Premises shall be abandoned or
vacated by the Tenant, the Landlord, in addition to all other rights provided under the Act and all
other rights hereby reserved, shall have the right to enter the Premises as the agent of the Tenant,
either by force or otherwise, without being liable for any prosecution thereof, and to re-let the
Premises as agent of the Tenant and to receive the rent thereof; PROVIDED that, if the rent
hereunder is overdue and the Premises are vacant, it shall be presumed that the Tenants have
vacated or abandoned the premise and the Landlord shall be entitled to take immediate
possession thereof. Nothing in this Lease contained and no entry made by the Landlord
hereunder shall in any way release the Tenant for payment of the rent hereby reserved during the
Term hereof beyond such sum as may be realized by the Landlord by the re-letting hereinbefore
allowed.
12.00 The Tenant covenants and agrees that the Landlord is not in any event whatsoever
liable or responsible in any way howsoever caused for:
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(a) any personal injury or death that may be sustained by the Tenant, members of
his/her family, his/her guests, visitors and invitees or any other person who may
be upon the Premises;
(b) any loss or theft of or damage or injury to any property, including motor vehicles
and the contents thereof, which may be in or about the Premises; without limiting
the generality of the foregoing, such damage shall include any damage caused to
any property situate in or about the Premises from gas, water, steam, water works,
rain or snow which may issue or flow from any part of the Premises or the
Landlord's property or from the pipes or plumbing works of the same or from any
other place or quarter;
(c) any damage caused by or attributable to the condition or arrangement of any
electrical or other wiring;
(d) any damage caused by anything done or omitted to be done by the Landlord; or
(e) any loss or spoilage of food on account of the failure or impairment of the
electrical system,
and the Tenant hereby releases and forever discharges the Landlord, his/her successors and
assigns, from all and any actions, claims and demands for damages, including exemplary or
punitive damages, loss or injury, however arising, which may hereafter be sustained by the
Tenant or his/her personal property.
13.00 The Tenant further covenants and agrees to give the Landlord prompt written
notice of any accident or other defect in the water pipes or heating apparatus, telephone or
electric wiring or lighting or to any other part of the Premises of which the Tenant is aware or
ought to have been aware of by reason of his/her use and occupation of the Premises.
14.00 The Tenant covenants and agrees that he/she shall not do, nor permit anything to
be done, in the said Premises or bring or keep anything therein which will in any way increase
the risk of fire or the rate of fire insurance on the Premises or conflict with any of the rules and
ordinances of the Board of Health or with any statute or municipal by-law.
15.00 The Tenant covenants and agrees that he/she shall be liable for any damage done
by reason of water left running from the taps in the Premises or from gas permitted to escape
therein. The Tenant further covenants and agrees that the water closets and other water
apparatus shall not be used for any purpose other than those for which they were constructed and
no sweepings, garbage, rubbish, ashes or other substances shall be thrown therein. Any damage
resulting to them from misuse or from unusual or unreasonable use shall be borne by the Tenant.
The Tenant further covenants and agrees that he/she shall be liable for any misuse of the heating,
plumbing or electrical systems situate in or on the Premises.
16.00 The Tenant and the Landlord covenant and agree that neither of them shall, during
the occupancy of the Premises by the Tenant, alter or cause to be altered the locking system of
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any door giving entry to the Premises except by mutual consent. Altering the locking system
includes the installation of additional locks to any door giving entry to the Premises.
17.00 The Tenant covenants and agrees that he/she will not make or cause to be made
any alterations, additions or improvements or install or cause to be installed any fixtures without
the prior written consent of the Landlord, and any addition or improvement made or fixtures
installed with the prior written consent of the Landlord shall be of first class quality, installed at
the sole expense of the Tenant and become the property of the Landlord as part of the reversion
upon termination of this Lease.
18.00 The Tenant covenants and agrees that he/she will not, without the prior written
consent of the Landlord, which consent may be arbitrarily withheld, erect or cause to be erected
on the Premises or any part thereof any television or radio antenna or any other device or
apparatus of similar purpose. The Tenant further covenants and agrees that, if any such
television or radio antenna, device or apparatus is erected on the building with the consent of the
Landlord, the Tenant will, at his/her own expense, upon the termination of this Lease or any
renewal thereof, repair any damage done to the Premises by reason of the erection, maintenance
or removal thereof and will indemnify and save harmless the Landlord, his/her servants or agents
from all liability for damages to persons or property as a result of the erection, maintenance or
removal thereof.
19.00 The Tenant covenants and agrees that if it is his/her intention to terminate this
Lease at the end of the Term hereby created, notice of such intention shall be given in writing by
the Tenant to the Landlord not later than sixty (60) days prior to the expiration of the said Term;
PROVIDED that, if the Tenant remains in occupation of the Premises after the expiration of the
Term hereby granted without a written agreement and no such notice has been given, he/she shall
not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rent equivalent
to the monthly payment of rent herein provided for plus any increases permitted by law, payable
in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such
monthly tenancy.
20.00 The Tenant covenants and agrees that, upon written notice of termination of this
Lease being given, the Landlord shall have the right, at reasonable times, to enter and show the
Premises to prospective tenants and should the Landlord list the property for sale, he/she shall
have the right to erect signs to that end and thereafter, shall have the right, at reasonable times to
enter and show the Premises to prospective purchasers; otherwise, except in cases of emergency
and except where the consent of the Tenant is given at the time of entry, the Landlord shall not
exercise a right to enter the Premises unless it has first given written notice to the Tenant at least
twenty-four (24) hours before the time of entry which shall be specified in the notice. If at any
time during the Term thereof, the Landlord wishes to show the Premises to prospective
purchasers who wish to purchase the Premises and assume the position of Landlord under this
Lease, the Tenant will allow the Landlord to show the Premises to such prospective purchasers
upon twenty-four (24) hours written notice to the Tenant.
21.00 The Tenant covenants and agrees that if he/she is obliged to vacate the Premises
on or before a certain date an the Landlord has sold or has entered into a Lease with a third party
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to rent the Premises after such date and the Tenant fails to vacate the Premises thereby causing
the Landlord to be liable thereunder, the Tenant indemnify the Landlord for all losses suffered by
reason of his/her failure to vacate.
22.00 The Tenant covenants and agrees that no sign, advertisement or notice shall be
inscribed, painted or affixed in any way on any part of the outside of the Premises whatever.
23.00 The Tenant covenants and agrees that all glass, locks and trimmings in or upon
the doors and windows of the Premises shall be kept whole; and whenever any part thereof shall
become lost or broken, the same shall be immediately replaced or repaired by the Tenant under
the direction and to the satisfaction of the Landlord; and the cost of such replacements and
repairs shall be borne by the Tenant.
24.00 The Tenant covenants and agrees that he/she will be responsible for any damage
to the Premises caused by moving furniture in or out of the said Premises.
25.00 The Tenant covenants and agrees that he/she shall keep no animals, birds, fish or
pets of any kind whatsoever in or about the Premises without the prior written consent of the
Landlord, which consent may be arbitrarily withheld.
26.00 The Landlord shall have the right to make reasonable rules and regulations as in
his /her judgment may from time to time be necessary for the safety, case and cleanliness of the
Premises and for the preservation of good order therein and the same shall be kept and observed
by the Tenant, his/her family, visitors, guests, servants an agents Such rules and regulations
adopted by the Landlord from time to time are hereby made a part of this Lease and the Tenant's
failure to keep and observe such rules and regulations shall constitute default under this Lease in
such manner as if the same were contained herein as covenants of the Tenant.
27.00 It is understood and agreed between the Landlord and the Tenant that no assent or
consent to changes in or waiver of any part of this Lease in spirit or letter shall be deemed or
taken as made, unless the same be done in writing and attached to or endorsed hereon by the
Landlord.
28.00 The Landlord covenants with the Tenant that the Landlord will pay all taxes
which during the herein said Term may be charged upon the Premises..
29.00 This lease is subject in all respects to the applicable provisions of the Landlord
and Tenant Act, as amended.
30.00 This Lease shall be construed and governed by the laws of the Province of
Ontario. Should any provision or provisions of the Lease and/or its conditions be illegal or not
enforceable, it or they shall be considered separate and severable from the Lease and its
remaining provisions and conditions shall remain in force and be binding upon the parties hereto
as though the said provision or provisions or conditions had never been included.
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31.00 Whenever throughout these presents there is any mention of or references to the
Landlord or the Tenant, such mention or reference shall be deemed to extend to and include the
heirs, executors, administrators, successors and assigns of the Landlord and of the Tenant an sub-
tenants of the Tenant as the case may be, and if the Landlord or Tenant shall be a female or if
there be more than one Landlord or Tenant, the pronouns used throughout shall be taken to be
altered according
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands
and seals as of the date first hereabove written.
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
__________________________________
Witness: ) Tenant
)
)
__________________________________
Witness: ) Landlord
)
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RECEIPT OF TENANCY AGREEMENT:
THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy
of the herein Lease this _______ day of ____________, 20______.
Tenant
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)
)
__________________________________
Witness: ) Landlord
)
RECEIPT OF TENANCY AGREEMENT:
THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy
of the herein Lease this _______ day of ____________, 20______.
Tenant
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