RESIDENTIAL LEASE AGREEMENT
THIS INDENTURE made in duplicate as of the ___ day of _________,
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 the and ending on the _____ day of
_____________, 20____, (hereinafter called the "Term").
2.00 Yielding and paying therefor 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
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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 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
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 o 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 therefor, and to re-let the Premises as agent of the Tenant and to receive
the rent therefor; 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.
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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:
(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
(e) any loss or spoilage of food on account of the failure or impairment of the
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. The Tenant shall take out and keep in force during the said Term, or
any extension or renewal thereof, insurance upon his/her contents and property damage
and public liability insurance in an amount equal to or greater than ______________
($_____) Dollars and shall provide proof thereof to the Landlord if requested.
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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 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
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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 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
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 ad