British Columbia Residential Lease / Tenancy Agreement

Document Sample
British Columbia Residential Lease / Tenancy Agreement
RESIDENTIAL TENANCY AGREEMENT

THIS AGREEMENT made effective as of the _____ day of ______________, _______.



BETWEEN:



[NAME OF TENANT(S)]

[address]

(the “Tenant”)



- and -



[NAME OF LANDLORD]

[address]

(the “Landlord”)



1. Address of Rental Premises

The rental premises (hereinafter referred to as the “Premises”) is a [choose the appropriate option]: single

family dwelling, unit in a duplex, triplex or fourplex condominium, an apartment] located at:



__________ (apt. or suite no.), __________________________________________ (street address)



_____________________ [city], British Columbia, ___________ (postal code).



2. Landlord’s Agent / Address for Service

The following person is authorized to act as Agent on behalf of the Landlord and is specifically

authorized to accept notice of the Tenant’s complaints and to accept any service of legal process or notice:



[name of agent]

[address of agent]

[phone number]

[fax number]



3. Term

The Term of this Agreement shall be a [choose the appropriate option]:

[____] daily or week-to-week tenancy which will begin on , 20___

[____] month-to-month tenancy which will begin on , 20___

[____] fixed term tenancy which will begin on , 20___ and end on

, 20___.



If the tenancy is for a fixed length of time, at the end of the fixed time [choose the appropriate option]:

[____] the tenancy may continue on a month-to-month basis or for another fixed time.

[____] the tenancy will end.



4. Rent

The rent shall be $###.## per week / month (subject to rent increases in accordance with the Residential

Tenancy Act (“RTA”), and shall be payable in advance on or before the ________ day of each week /

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month. The first week’s / month’s rent shall be payable on the _____ day of ______________, _______.

Rent cheques shall be made payable to the Landlord at the address hereinbefore stated, or at such other

address as the Landlord may designate in writing. Tenant shall reimburse Landlord for any fees assessed

by Landlord’s bank for a rent check returned by the bank for any reason.



5. Tenant’s Obligation to Pay Rent

(a) Tenant is required to pay the rent on time. If the rent is late, Landlord may issue a Notice to End

Tenancy to the Tenant, which may take effect not earlier than 10 days after the date the Notice is

given.



(b) Landlord must issue Tenant a receipt for any rent paid in cash.



(c) If the Tenant has given the Landlord post-dated cheques for rent, the Landlord shall return all

remaining post-dated cheques in its possession to the Tenant at the end of the tenancy. If the

Tenant has not provided the Landlord with a forwarding address prior to vacating the premises,

the Landlord shall forward any such post-dated cheques to the Tenant when the Tenant provides

such forwarding address.



6. Utilities, Services & Appliances

(a) The following utilities and services shall be provided and/or paid for by the party indicated

beside each item:



Provided by

Service / Utility Landlord Tenant

Electricity

Gas / heating

Water / sewer

Telephone

Cable TV

Garbage pick-up

Trash receptacles

Lawn care

Snow removal

Laundry facilities

Window coverings

Smoke detector batteries

Parking stall(s)

Security card(s)

Other [specify]:



(b) Appliances will be supplied and maintained in working order as indicated below:



Provided by

Appliance Landlord Tenant

Stove

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Refrigerator

Washer

Dryer

Dishwasher

Furnace

Hot water heater

Other [specify]:



(c) Should the Landlord agree to including electricity, gas and water, the Landlord’s share of such

utilities will not exceed a monthly allotment of $###.## (studio or one bedroom), $###.## (two

bedrooms), $###.## (3 bedrooms). Any usage over this amount is the Tenant’s responsibility.

Any utility amounts owing but unpaid by the Tenant will be deducted from the Security Deposit.



(d) The Landlord shall not terminate or restrict a service or facility that is essential to the Tenant’s

use of the Premises as living accommodation, or that is a material term of this Agreement. The

Landlord shall not terminate or make the tenant pay extra for a service or facility that is included

in the rent, unless a reduction is made under Section 27(2) of the RTA.



7. Occupancy & Use of Premises

Occupancy of the Premises is limited solely to the individuals listed below: [list all adults and children who

will be living in the Premises]



(a) The Landlord must not stop the Tenant from having guests in the 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 to End a Tenancy. Disputes regarding the

notice can be resolved through arbitration under the RTA.



(b) The Landlord must not impose reasonable restrictions on guests and must not require or accept

extra charges for daytime visits or overnight accommodation of guests.



(c) The Premises shall be used for residential purposes only. It shall not be used for business, illegal

or other non-residential activities.



8. Security Deposit and Pet Damage Deposit

[use appropriate option: [By no later than _________ [insert date], the Tenant is required to pay] / [The

Landlord acknowledges receipt from the Tenant of] the following amount(s):



Security deposit: $__________

Pet damage deposit: $__________ [if applicable]



The following terms shall apply to the security deposit and the pet damage deposit (if any):



(a) The security deposit and the pet damage deposit must each not exceed one-half (1/2) of the

monthly rent payable for the Premises.



(b) The Landlord agrees to keep the security deposit and pet damage deposit during the tenancy and

pay interest on it in accordance with the RTA, and to return the security deposit and pet damage

deposit plus interest on same to the Tenant within fifteen (15) days of the end of the tenancy

hereunder, unless (i) the Tenant agrees in writing to allow the Landlord to keep an amount as

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payment for unpaid rent or damage to the Premises, or (ii) the Landlord applies for arbitration

under the RTA within fifteen (15) days of the end of the tenancy to claim some or all of the

security deposit and/or pet damage deposit.



(c) The aforesaid 15-day period starts on the later of (i) the date the tenancy ends, or (ii) the date the

Landlord receives the Tenant’s forwarding address, which the Tenant must provide in writing.



(d) If the Landlord does not comply with the requirements of paragraphs 7(a) and 7(b), the Landlord

may not make a claim against the security deposit or pet damage deposit, and must pay the

Tenant double the amount of the security deposit, pet damage deposit, or both.



(e) The Tenant may not use the security deposit and interest thereon as rent unless the Landlord

gives written consent to do so.



9. Premises Condition Inspections

(a) In accordance with Sections 23 and 35 of the RTA and Part 3 of the Regulation, the parties must

jointly inspect the condition of the Premises (i) at the commencement of the tenancy, (ii) if the

tenant starts keeping a pet after the commencement of the tenancy, and (iii) at the end of the

tenancy.



(b) The right of either party to make a claim against a security deposit or pet damage deposit for

damages to residential property is extinguished if that party does not comply with Sections 24

and 36 of the RTA.



10. Locks, Keys & Security Cards

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 building housing the Premises, and the Tenant

may change a defective lock on the Premises and promptly provide the other party with a copy of the

new key. The Tenant agrees to assume responsibility for all lost keys and security cards and replace the

lost items at Tenant’s own expense.



11. Landlord’s Right of Entry

For the duration of this agreement, the Premises are the Tenant's home and the Tenant is entitled to

privacy, quiet enjoyment, freedom from unreasonable disturbance, and exclusive use of the Premises.



The Landlord may enter the Premises only if one of the following applies:



(a) the Landlord gives the Tenant a written notice which states why the Landlord needs to enter the

Premises (which must be for a reasonable purpose), and specifies a reasonable time (between 8:00

AM and 9:00 PM, unless the Tenant agrees otherwise), and date for such entry, to be not sooner

than 24 hours and not later than thirty (30) days from the time of giving the notice;



(b) there is an emergency and the Landlord requires entry to protect life and/or property;



(c) the Tenant gives the Landlord permission to enter at the time of entry or not more than thirty (30)

days before the time of entry for a specific purpose;



(d) the Tenant has abandoned the Premises;



(e) the Landlord has the order of an arbitrator or court saying the Landlord may enter the Premises;

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(f) the Landlord is providing housekeeping or related services to a hotel Tenant at a reasonable time.



The Landlord has the right to inspect the rental unit monthly in accordance with subclause (a) above.



If the Landlord enters the Premises illegally, the Tenant may apply for an Arbitrator's Order under the

RTA, to change the locks for the Premises and prohibit the Landlord from entering the Premises. At the

end of the tenancy, the Tenant must give the key to the Premises to the Landlord.



12. Tenant’s Responsibility to Care for Premises & Grounds (delete this provision if not applicable)

The Tenant agrees to mow and water the lawn, flower beds, and to keep the shrubbery in good order and

condition and to keep the sidewalk surrounding the Premises free and clear of all obstructions and

hazards, including snow and ice.



13. Tenant’s Insurance

Tenant acknowledges that Tenant’s personal property is not insured by the Landlord. Tenant shall have

the responsibility to purchase rental insurance at its sole cost and expense if it so desires.



14. Landlord’s Obligations for Repairs and Maintenance

(a) The Landlord shall at all times maintain the Premises and appliances provided with the Premises

in a reasonable state of decoration and repair, in a condition that complies with the health, safety

and housing standards required by law.



(b) If the Landlord neglects or refuses to make a repair in accordance with the requirements of

subparagraph (a) above after the Tenant has requested such repair, the Tenant may seek an

arbitrator’s order under the RTA for completion and costs of the repair.



15. Tenant’s Obligations for Repairs and Maintenance

(a) The Tenant must maintain ordinary health, cleanliness and sanitary standards throughout the

Premises and residential property. The Tenant must take the necessary steps to repair damage to

the 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 Premises.



(b) The Tenant shall properly use, operate and safeguard the Premises, all furniture, furnishings and

appliances, and all electrical, gas and plumbing fixtures, and in the event that water or waste

pipes become clogged by reason of the Tenant’s neglect or recklessness, the Tenant shall repair

the same at his/her own expense as well as pay for all damage caused. The Tenant agrees to

assume responsibility for plugged toilets, sinks, and garbage disposal units and shall repair the

same at his/her own expense as well as pay for all damage caused.



(c) 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 through arbitration under the RTA for the cost of

repairs, serve a Notice to End Residential Tenancy, or both.



(d) The Tenant agrees to inform the Landlord of any non-emergency repairs required as soon as is

reasonably possible. Whenever possible, this request should be in writing.

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16. Emergency Repairs

(a) The Landlord must post and maintain in a conspicuous place on the residential property, or give

to the Tenant in writing, the name and telephone number of the designated contact person for

emergency repairs.



(b) If emergency repairs are required, the Tenant must make at least two (2) attempts to notify the

person designated by the Landlord, and give a reasonable time for completion of the emergency

repairs by the Landlord.



(c) If the emergency repairs are still required, the Tenant may undertake the repairs, and de

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