RESIDENTIAL LEASE AGREEMENT (MOBILE HOME SITE)
THIS AGREEMENT made in duplicate and effective as of the [##] day of [MONTH], [YEAR].
BETWEEN:
[NAME OF LANDLORD]
[FULL ADDRESS]
[TELEPHONE NUMBER]
(the “Landlord”)
- and -
[NAME(S) OF TENANT(S)]
[FULL ADDRESS]
[TELEPHONE NUMBER]
(the “Tenant”)
1. Leased Premises
IN CONSIDERATION of the representations made in this Lease Agreement tendered by the Tenant, and
the rent reserved herein and the covenants herein contained, Landlord hereby rents to Tenant and Tenant
hereby rents from Landlord the premises situated at _______________________________________ [street
address], ______________________ [city/town], Province of Newfoundland (the “Premises”), subject to the
terms and conditions hereinafter set forth.
Is the Premises a mobile home space? YES
2. Residential Tenancies Act
The Tenant shall comply, as far as it is liable to as Tenant, with all the requirements and the laws and
ordinances of or in force in Canada or the Province of Newfoundland, or of any municipal by-law,
including without limitation under The Residential Tenancies Act, as amended (the “Act”).
The terms of this Lease Agreement are in addition to those implied covenants of the Landlord and the
Tenant set forth under the Act and where any term hereof is contrary to such implied covenants, the Act
shall be paramount in all respects. Any such contrary provision hereof shall be deemed amended to
comply with the Act and such contrary covenant, whether illegal or otherwise, shall not affect the
enforceability of the remainder of this Agreement.
3. Term
[If the lease is for a fixed period, complete this paragraph and delete the other.]
The duration of this Lease Agreement shall be for a fixed term, commencing at 12:00 PM on the _____ day
of ______________, 20____ and terminating at 12:00 PM on the _____ day of ______________, 20____ (____
months).
OR
[If the lease is for a periodic tenancy, complete this paragraph and delete the other.]
This Lease Agreement shall begin on the _____ day of ______________, 20____ and continue from
[MONTH TO MONTH/WEEK TO WEEK].
-2-
4. Rent & Other Monthly Charges
The rent due under this Lease Agreement is payable in [MONTHLY/WEEKLY] installments of $####.##
per [MONTH/WEEK] to be made on the first day of each [MONTH/WEEK]. All rent payments are due
on the first (1st) day of each calendar [MONTH/WEEK] during the Term of this Lease Agreement. Rent
payments shall be paid by cheque, pre-authorized debit, or money order per month. Cash will not be
accepted under any circumstances. All rent payments and other payments to be made hereunder shall be
made by mail or personal delivery to the Landlord at the address set out on the face of this Lease
Agreement, or such other address as the Landlord may from time to time designate in writing to the
Tenant. If rent payments are being sent by regular mail, the Tenant is responsible for ensuring that such
payments are mailed with sufficient time to allow delivery by the first (1 st) day of the month. Where rent
payable, in port or whole, is in other than money, the Landlord shall give to the Tenant a letter specifying
the payment and placing a value on each item contained in the payment. The Landlord must provide a
receipt to the Tenant for any rent received.
5. Dishonored Cheque Fees
In each instance that Tenant presents a cheque to Landlord for rent or any other amount due under this
Lease Agreement is dishonored by Tenant’s bank for insufficient funds, “stop payment” or any other
reason, a service charge of $###.## will be assessed.
6. Rental Arrears
In a month to month or term tenancy where the rent is in arrears for fifteen (15) days, the Landlord may
give to the Tenant notice to terminate the lease and to vacate the Premises not less than ten (10) days after
the notice is served in accordance with Section 18 Subsection (1) of the Act.
In a week to week tenancy where the rent is in arrears for three (3) days, the Landlord may give to the
Tenant notice to terminate the lease and to vacate the Premises not less than three (3) days after the notice
is served in accordance with Section 18 Subsection (1) of the Act.
When all arrears of rent are paid in full by the Tenant before the termination date on a notice to terminate
given for rental arrears, the notice to terminate is void and of no effect. This does not apply where notice
to terminate is given more than twice in a 12 month period in accordance with Section 18 Subsection (2)
of the Act.
Landlord reserves and in no way waives the right to insist on payment of the rent in full on the date that
the same is due.
7. Prorated First [MONTH’S/WEEK’S] Rent
The prorated rent from the commencement of this Lease Agreement to the first day of the following
[MONTH/WEEK] is $[###.##], which amount shall be paid at the execution of this Lease Agreement.
8. Rent Increases
Rent may not be increased:
(a) during any lease agreement for a fixed term;
(b) where the Premises is rented from week to week or month to month:
(i) more than once in a 12 month period;
Initials:
-3-
(ii) during the 12 months immediately following the commencement of the lease agreement;
(c) during the 12 months immediately following the commencement of the lease agreement for the
fixed term where a lease agreement for a fixed term expires and the tenancy continues week to
week or month to month.
Landlord must give not less than eight (8) weeks written notice of any rental increase where the Premises
is rented from week to week and not less than three (3) months written notice where the Premises is
rented from month to month.
9. Security Deposit
(Choose only one of the following options and delete the one not chosen)
A security deposit is not required.
OR
The Landlord hereby acknowledges receipt of a security deposit in the amount of $[###.##] to be held in
trust in accordance with Section 12 of the Act.
The security deposit in accordance with Section 12 of the Act shall not be in excess of:
(a) the first two (2) weeks rent if the Premises is rented week to week;
(b) 3/4 of the first month’s rent if the Premises is rented month to month;
(c) 3/4 of the first month’s rent that would be payable if the rent was proportioned to a monthly
payment where the Premises is rented for a fixed term of not less than six (6) months and not
more than twelve (12) months
10. Possession at Commencement of Term
Tenant shall not be entitled to possession of the Premises hereunder until the security deposit and first
[MONTH’S/WEEK’S] rent (or prorated portion thereof, if applicable) is paid in full and the Premises has
been vacated by the previous tenant. If Landlord is unable to deliver possession of the Premises to Tenant
on or before the commencement of the term of this Lease Agreement due to holding over by another
tenant, Tenant’s right of possession hereunder shall be postponed until the Premises are vacated by the
tenant holding over, and rent hereunder shall be abated at the rate of one-thirtieth (1/30) of a monthly
instalment for each day that Landlord is unable to deliver possession. Tenant expressly agrees that
Landlord shall not be liable for damages to Tenant in the event that Tenant, for any reason whatsoever, is
unable to enter and occupy the Premises.
11. 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]
Initials:
-4-
If individuals other than those listed above are found residing at the Premises for more than [##] days
without prior written approval by the Landlord, the Landlord may at its sole discretion terminate this
Lease Agreement and pursue eviction of the Tenant and all other occupants of the Premises.
The Premises shall be used for residential purposes only. It shall not be used for business or other non-
residential activities without the written consent of the Landlord. At no time shall the Premises be used
for illegal activities.
The Tenant shall comply with any rules concerning the Tenant’s use and occupancy of the Premises, the
mobile home park, and the services and facilities supplied by the Landlord, provided that the rules are in
writing, are reasonable in all circumstances, and the Tenant is given a copy of the rules at the time of
entering into this Lease Agreement and is given a copy of any amendments.
12. Utilities & Services
(a) The following utilities and services are included in the rent:
____ electricity ____ water / sewer
____ parking (__ vehicles) ____ RV parking
____ gas / heating ____ visitor parking
____ cable television ____ storage (off-pad)
____ laundry (free) ____ laundry (coin-op)
____ garbage pickup ____ snow removal (streets, access roads)
____ property taxes ____ other _________________
(b) Where the Landlord provides a service or utility to the Tenant that is reasonably related to the
Tenant’s continued use and enjoyment of the Premises, including but not limited to heat, water,
electricity, gas, etc., the Landlord shall not discontinue providing that service.
13. Examination of Premises and Acceptance by Tenant
The Tenant acknowledges that he has examined the Premises and his acceptance of this Lease Agreement
is conclusive evidence that the Premises are in good and satisfactory order and repair unless otherwise
specified herein; and the Tenant agrees that no representations as to the condition of the Premises have
been made and that no agreement has been made to redecorate, repair or improve the Premises unless
hereinafter set forth specifically in writing. Landlord will supply to Tenant, in the manner required by
law, if so required, any property and/or inspection checklists. The Landlord will deliver the Premises in a
habitable condition, pursuant to applicable Provincial law. Tenant takes the Premises in its AS-IS
condition. Tenant agrees not to damage the Premises through any act or omission, and to be responsible
for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees,
licensees, and/or guests.
Tenant is advised that a premises condition and/or contents inventory statement may be used by
Landlord:
(a) As the basis to determine whether prepaid rent or Tenant's security deposit shall be applied to
the payment of damages to the Premises; and
Initials:
-5-
(b) To compute the recovery of other damages to which Landlord may be entitled.
14. Disclaimer of Security Warranties
Landlord, Landlord’s agents or employees make no warranties, guaranties or representations regarding
the security of the Premises, the mobile home park or the surrounding community, and any such
warranties and representations, whether expressed or implied, are hereby disclaimed. Tenant hereby
agrees and acknowledges that Tenant and all occupants of the Premises shall have the exclusive
responsibility of protecting the Premises, themselves and Tenant’s guests and invitees from crime, fire,
and other danger. Landlord shall not provide and shall have no duty to provide any security devices to
Tenant with the exception of those required by applicable law. Tenant shall look solely to the local law
enforcement personnel and other forms of public safety for protection. Tenant agrees and acknowledges
that protection against criminal action is not within the power of Landlord, Landlord’s agents or
employees, and although Landlord, from time to time, may provide crime deterrent services, those
services cannot be relied upon by Tenant and shall not constitute a waiver of, or in any manner modify,
the above agreement. Upon Tenant’s reasonable request, Landlord shall consider permitting Tenant to
install fire safety and/or crime deterrent devices, provided such devices do not damage the Premises,
create danger, and Tenant provides Landlord with duplicate keys and alarm codes enabling Landlord to
access the Premises.
15. Repairs & Maintenance
The Tenant agrees to give the Landlord prompt notice of necessary repairs. The Landlord will make all
necessary interior and exterior repairs to the Premises in a timely manner, to keep the Premises in a
tenantable condition as prescribed by local or Provincial housing ordinances. The Landlord shall
commence repairs or cause repairs to be commenced to heating, plumbing or electrical failures within
twenty-four (24) hours of receiving a request from the Tenant for such repairs.
16. Tenant Alterations or Improvements
The Tenant shall not alter the Premises or any of the fixtures or fittings supplied by the Landlord in any
way without the prior written consent of the Landlord. The Tenant agrees that all alterations or
improvements made by Tenant shall become the property of the Landlord at the expiration of the Lease
Agreement.
17. Landlord’s Right of Entry
The Landlord reserves the right at all times to enter the Premises without notice or consent in the case of
an emergency or the Tenant has abandoned the Premises in accordance with Section 27 of the Act. The
Landlord reserves the right, upon twenty-four (24) hours’ written notice to Tenant, to enter the Premises
for making inspections, repairs, alterations, or improvements, to supply necessary or agreed services, or
to show the Premises to potential or actual tenants, purchasers, mortgagees, workmen or contractors.
Failure by the Tenant to agree to a pre-arranged time of entry is viewed as permission to enter. Refusal by
Tenant to let Landlord enter the Premises subject to the above notice requirements will be considered
reasonable grounds for eviction.
18. Sub-Letting or Assignment
The Tenant will not sub-let the Premises or any portion thereof, or assign this Lease Agreement without
the prior written consent of the Landlord. 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.
Initials:
-6-
19. Pets
No pets or animals of any kind will be permitted on the Premises without the written consent of the
Landlord. Tenant expressly agrees and understands that Landlord’s permission may be conditional upon
an additional pet deposit being paid prior to the pet being kept in the Premises.
20. Fire Extinguishers & Smoke Detectors
The Tenant is responsible for maintaining any smoke detectors on the Premises and to test the smoke
detector once a week to ensure that the smoke detectors and batteries are in good working order. It is the
Tenant’s responsibility to replace the batteries as required. SMOKE DETECTORS AND FIRE
EXTINGUISHERS SHALL NOT BE DEACTIVATED OR REMOVED BY TENANT.
Upon taking possession of the Premises, the Tenant shall have seven (7) days to notify the Landlord in
writing if a smoke detector or fire extinguisher is malfunctioning. Upon receipt of such notice, the
Landlord will promptly repair these items. Following the seven-day period, the Tenant is held
responsible for these devices.
21. Lawn Care & Snow Removal
The Landlord will provide lawn care, groundskeeping and snow removal for the mobile home park, at
such times as it deems necessary and appropriate.
22. Disturbances, Illegal Activities, Violations of Ordinances
The Tenant is responsible for the conduct of family members, guests and invitees. Violation of local
housing ordinances and disturbances to neighbors will not be tolerated. If local law enforcement
authorities are needed to enforce ordinances or control noise, the Tenant may be subject to eviction.
Recurring noise violations, or the provision or consumption of alcohol by underage persons on the
Premises may be grounds for an eviction as determined by the Landlord. At no time shall the number of
individuals in the Premises be greater than ______________. Failure to comply with this provision shall
give Landlord the right to terminate the Lease Agreement at its sole discretion.
The Tenant shall not engage in conduct or allow any family member, guest or invitee on the Premises
with expressed or implied permission to engage in conduct which is hazardous, dangerous or unlawful.
In the event the Tenant or any invitee of the Tenant is convicted or diverted for a criminal offense
occurring in or around the Premises, the Landlord shall have the right to terminate this Lease Agreement
immediately. Violation of this clause shall not only be a breach of the Lease Agreement, but, in addition,
the Tenant agrees to reimburse Landlord for any damages Landlord suffers by reason of any such
violation.
23. Landlord’s Responsibilities and Duties
Landlord shall be responsible for providing and maintaining:
(a) the mobile home site and the mobile home park, in a reasonable state of decoration and repair,
and suitable for occupation by a reasonable tenant. Landlord must comply with health, safety
and housing standards required by law;
(b) plumbing or gas facilities which conformed to applicable laws in effect at the time of installation,
which have been maintained in good working order;
(c) water supply approved under applicable laws, which is under the control of the Tenant, capable
of producing hot and cold running water, or a system which is under the control of the Landlord,
Initials:
-7-
which produces hot and cold running water, furnished to appropriate f