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Lease Agreement(·»Æ® °è¾à¼­)

 

The tenancy created by this agreement is governed by the Residential Tenancies Act(Alberta) and if there is a conflict between this agreement and the Act, the Act prevails.

 

THIS AGREEMENT made this ___ day of ______, 20___

BETWEEN:              ________________________________________

                                                           (hereinafter referred to as ¡°Landlord¡±)

 

                           ____________________________________________________________________

                           (Street                       Address                                City             Province                                                           Postal Code)

                                             (403) _____________________________               

 -AND-

                                            _____________________________________________

                                              (hereinafter referred to as ¡°Tenant¡±)    

 

 

1.       LEASED PREMISES

The Landlord hereby leases to the Tenant the residential premises (the "Leased Premises") located at

________________________________________________________________________________________, Alberta for use and occupation as residential

premises only, subject to the terms and condiition of this Agreement and the Residential Temencies Act.

 

2.       AGREEMENT TERM

The term of this agreement shall be a (check one):

¡à  Fixed Term Tenancy of ___ months that begins at 12 o¡¯clock noon on the _________ day of  __________________, 20____,

     and ends at 12 o¡¯clock noon on the _________ day of  __________________, 20____

   

     Once the fixed term tenancy is over the tenant may continue on with:

     __ a month to month tenancy, or renew __ a lease agreement

 

¡à  Periodic Tenancy

     That begins at 12 o¡¯clock noon on the _____ day of _____________, 20___ and continues on a  month to month basis

     until terminated by the Landlord or Tenant in accordance with the requirements of the Residential Tenancies Act and regulations, thereunder.

 

3.       RENT

The Tenant shall pay monthly, in advance, without demand and without deduction, abatement or set-off to the Landlord at the Landlord¡¯s address set forth above, or to such other places as directed by the Landlord, a rental of $ ____________ during the term of this Agreement.

Check below as applicable:

¡à  For the month of _________, 20___, rent will be prorated at $ _____/day for a total of $ ________ due.

¡à  A series of post-dated cheques in six (6) month segments are required.

 

4.       UTILITIES

Unless otherwise set out in writing in this Agreement, the rent provided for in clause 3 of this Agreement

Shall be deemed to exclude the cost of all utilities and services supplied to the Leased Premises which, without limiting the generality of the foregoing, shall include the cost of water and sewer service, electricity, heating, cable television and telephone.  The Tenant agrees to pay on demand to the appropriate authority or authorities the cost of providing all utilities and services.

 

5.       Appliances

The Landlord agrees that throughout the term of this Agreement the Landlord will supply to the Tenant the following items (check all applicable):

 

¡à  Washer and dryer

¡à  Refrigerator

¡à  Stove

¡à  Dishwasher

¡à  Microwave

¡à  Blinds

 

6.       OTHER OCCUPANTS

The Landlord agrees that in addition to the Tenant, the Leased Premises may be occupied only by the following other person:

1. Name ___________________________

2. Name ___________________________

3. Name ___________________________

4. Name ___________________________

 

Together with any increase in the Tenant¡¯s family, but in any event not exceeding a total of _____  Persons,

unless agreed to in writing by the Landlord.

 

7.       SECURITY DEPOSIT

The Tenant agrees to pay to the Landlord a security deposit of $              .00. Receipt of the foregoing Security deposit is hereby acknowledged by the Landlord. The Landlord may deduct from the security Deposit any amount that the Landlord deems necessary to provide for:

 

(a) repairing any damage to the Leased Premises (including the building of which the premises form a  Part,

     if any, and the property on which the building is located), fixtures, furniture, appliances and any other items leased pursuant to this Agreement or

    any other damage whatsoever, which damages may have been caused by the Tenant  or any person or persons invited on the Leased Premises

    by the Tenant, normal wear and tear excepted;

 

(b) cleaning the Leased Premises, if the Tenant gives up possession of the Leased Premises in such condition that the Leased Premises

     require cleaning, normal wear and tear excepted.  The Landlord is hereby authorized to deduct from the security deposit the costs of cleaning

     if the Tenant fails to undertake such cleaning;

 

(c) payment of rent owing to the Landlord by the Tanant upon the termination of this Agreement; and

 

(d) the discharge of any other obligations or liabilities of the Tanant to the Landlord.

The term ¡°normal wear and tear¡± as used in this Agreement and as stipulated in the Residential  Tenancies Act shall mean the the deterioration

that occurs over time with the use of premises even though the Leased Premises receive reasonable care and maintenance.

The security deposit and any interest which may be payable thereon may be refunded by the Landlord to any one of the parties named herein

as the Tenant and such payment to any one of them shall be an effective discharge as against all of them.

 

8.       INTEREST ON SECURITY DEPOSIT

The Tenant acknowledges that the Landlord will pay to the Tenant interest on the security deposit

At the rate or rates prescribed by the Residential Tenancies Act and the regulations thereto upon the expiation or termination or this lease.

 

9.       INSPECTION OF LEASED PREMISES

The Landlord and the Tenant agree to complete an inspection of the Leased Premises within one Week of the Tenant¡¯s taking possession of same

and within one week of the Tenant¡¯s surrendering possession of same. The Landlord agrees to provide the Tenant in each instance with a report

of the inspection that describes the condition of the Leased Premises. The Landlord may complete the inspection without the Tenant

if an adult person who fails within the definition of the term ¡°Tenant¡± (as the term is defined in the Residential Tenancies Act) has refused to take part in

two inspections suggested by the Landlord to take place on different days, on days that are not holidays, and between 8:00 a.m.and 8:00 p.m.

 

10.     CARE OF LEASED PREMISES

(a) The Landlord hereby agrees that the premise supplied to the Tenant by the Landlord at the Commencement of the term of this Agreement shall be

      in a reasonably good state of repair and reasonably clean and that insofar as the Landlord is responsible for the maintenance of the Premises

      pursuant to this Agreement, they will be maintained in a reasonably good state of repair. The Landlord also covenants that any items supplied

      by the Landlord pursuant to Paragraph 5 of this Agreement shall be in good working order and capable of full employment by the Tenant.

(b) The Tenant shall not make any changes or alterations whatsoever to the Leased Premises without the prior written consent of the Landlord.

(c) The Tenant shall take good care of the Leased Premises and keep it clean and in good condition and shall take good care to keep in good condition

      any items supplied to the Tenant by the Landlord pursuant to paragraph 5 of this Agreement and shall not permit or do any act which would result in

     damage thereto. The Tenant shall also, if the Leased Premises are not part of an apartment or condominium complex where the Tenant is not

     responsible for any outside maintenance, keep the yard mowed, clean and free of rubbish and in a presentable condition at all times, and all

     walkways and driveways free of snow and ice.  The Tenant shall at the expiration or sooner termination of this Agreement leave the Leased Premises

     and any items supplied to the  Tenant by the Landlord pursuant to paragraph 5 of this Agreement in a good and proper condition, reasonable wear

     and tear only excepted and the Tenant shall also deliver to the Landlord all keys to the Leased Premises and related facilities. The Tenant shall be

     responsible for the costs of all repairs or replacements to the Leased Premises and related facilities occasioned due to the negligence or fault of

     the Tenant, or any other person or parsons invited on the Leased Premise by the Tenant.

 

11.        MAINTENANCE  COST

    Without limiting the generality of paragraph 10 of this Agreement, the Tenant shall be responsibl for:

          (a) the cost of repairing plugged toilets, sinks and drains; and

          (b) the cost of replacing or repairing all window, screens and light fixtures damaged, broken, Removed or destroyed at any time during the

                tenancy; Provide that the foregoing costs were incurred as a result of the negligence or fault of the Tenant or any other person or persons

                invited on the Leased Premises by the Tenant.

 

12.     PERFORMANCE OF TENANTS OBLIGATIONS

All covenants and agreements to be performed by the Tenant under any of the terms of this Agreement shall b e performed by the Tenant, at the Tenant¡¯s sole cost and expense, and without any abatement of rent. If the Tenant fails to perform any act to be performed by it hereunder, then in the event of any emergency, actual or apprehended or if such failure continues for five days following notice thereto, the Landlord may (but shall not be obligated to) perform the act without waiving or releasing the Tenant from any of its obligations relative thereto; but having commenced to do so may cease to do so without completing performance thereof. All sums paid and costs incurred by the Landlord in so performing the act, in whole or in part, shall be payable by the Tenant to the Landlord on demand, together with interest thereon at the rate of fifteen (15.0% p.a.) percent per annum and shall be recoverable by the Landlord as unpaid rent.

 

13.     TENANT¡¯S INSURANCE – Waiver

                a) Initialized by Tenant: The Tenant agrees to maintain an insurance policy designed for tenants to insure their effects against loss from water, fire

                     and theft and third party liability insurance and the Tenant herby waives and releases the Landlord from any liability against loss from water, fire and

                     theft to their property or goods unless caused by negligence of the Landlord, ____________________ (initial)

b) The Tenant hereby indemnifies the Landlord from any damage arising from acts of negligence by  Other Occupants, Contractor(s) and/or guests to

    the Leased Premises, any common areas or the property of which they form a part.

 

14.     NUISANCE

The Tenant will not cause and the Tenant will ensure that the family, guests and invitees of the Tenant do not cause a nuisance or disturbance to any neighbours or other tenants.

 

15.     ABANDONMENT

Should the Tenant fail to take possession of the Leased Premises at the commencement of the term of this Agreement, or abandon the Leased Premises before the expiration of this Agreement, the Landlord may take possession without notice or demand and re-let the Leased Premises on such conditions as the Landlord may deem advisable, without prejudice to the Landlord¡¯s right to recover rentals which may be owing and without prejudice to any claim or claims for damages. Without limiting any additional claims which the Landlord might have against the Tenant, in the event the Tenant fails to take possession of the Leased Premises at the commencement of the term of this Agreement any security deposit shall b e absolutely forfeited to the Landlord as liquidated damages.

 

16.      INDEMNITY

(a)      The Tenant agrees that it shall indemnify and save harmless the Landlord from and against any and all claims, demands, awards, proceedings, expenses, losses, costs, damages and expenses in connection with loss of life, personal injury or damage to property arising from or in any way connected with the occupancy or use by the Tenant of the Leased Premises or related facilities or common areas or any part thereof, or occasioned wholly or in part by any negligent act or a mission, willful misconduct or any breach, violation or non-observances or non-performance of any covenant term or provision of this Agreement by the Tenant, any of the Tenant¡¯s family, guests, agents, servants, licensees, invitees or other persons for whom the Tenant may be responsible at law.

 

(b)      The Tenant agrees that the Landlord should not be liable or responsible in any way for personal injury or death to the Tenant, or any member of the Tenant¡¯s family, guests, agents, servants, licensees, invitees or any other persons that may b upon the Leased Premises or related facilities or common areas on any part thereof, or for any loss of or damage or injury to any property, including vehicles and contents thereof, belonging to the Tenant and to any member of the Tenant¡¯s family. With limiting the generality of the foregoing, the Landlord shall not b liable for any damages to any of the Tenant¡¯s property cause by lack of heat, steam, water, rain or snow which may leak into, issue or fail from any part of the Leased Premises. The Tenant acknowledges that it is occupying and using the Leased Premises and related facilities solely at its own risk.

 

17.     RULES AND REGULATIONS

The Tenant will observe and comply with the Landlord¡¯s RULES AND REGULATIONS which are attached to this Agreement as Schedule ¡°A¡± and which form part hereof with such reasonable variations and modifications as may be made to such RRLES AND REGULATION from time to time by way of reasonable written notice from the Landlord to the Tenant, provided that such variations and modifications do not modify this Agreement.

 

18.     QUIET ENJOYMENT  

Provided of the Tenant observes and performs each and every one of the covenants and  conditions to be performed by it under this Agreement,

the Landlord grants the Tenant the right or full use and occupation and peaceful enjoyment of the Leased Premises with such security of tenure as is

provided pursuant to this Agreement.

 

19.      RIGHT OF ENTRY

Except as otherwise permitted by this paragraph 19 the Landlord shall not enter the Leased Premises without the consent of the Tenant or any adult

person lawfully on the Leased Premises. The Landlord shall have the right to enter the Leased Premises:

 

(a) without notice of consent if the Landlord has reasonable grounds to believe that an emergency exists or that the Tenant has abandoned the Leased

      Premises, or,

(b) without consent but after written notice to the Tenant,

       (i)    to inspect the state of repair of the Leased Premises,

       (ii)   to make repairs to the Leased Premises,

   (iii)  to show the Leased premises to prospective purchasers or mortgagees of the Leased  Premises, or

       (iv) to show the Leased Premises to prospective tenants after a notice of termination has been served. 

 

The notice shall be served on the Tenant at least 24 hours before the time of entry, the entry must be  between 8:00 a.m. and  8:00 p.m.and the entry must be made on a day that is not a holiday (except that the Landlord may enter on a Sunday . If the Tenant¡¯s religious day of worship is not a Sunday and the Tenant has provided the Landlord with a written notice of that day) or on a day that is not the Tenant¡¯s day of religious worship (if that day is not a Sunday and the Tenant has provided the Landlord with a written notice of that day). The notice must be signed by the Landlord or the Landlord¡¯s agent, must state the reason for entry and must name a time and date of entry consistent with the above requirements.

 

20.     OBSERVANCE OF LAWS

Such requirements as presently exist and may in the future be enacted in law with respect to the relationship between landlord¡¯s and tenants and with respect to such matters as health, sanitation, fire, housing and safety  standards shall b e observed by both the Landlord and the Tenant.

 

21.      WAIVER

The waiver by the Landlord of any failure by the Tenant to observe any term, condition or obligation or provision of this Agreement shall not affect the Landlord¡¯s rights in respect of that breach or any subsequent breach of the same or any other provision of this Agreement.

 

22.     BINDING EFFECT

This Agreement shall extend to be binding upon and endure to the benefit of the heirs, executors, administrators, successors and assigns of each party hereto.

 

23.     COPY OF AGREEMENT

The Landlord shall deliver to the Tenant a duplicate copy of this Agreement signed by the Landlord within twenty one (21) days after execution of this Agreement by the Tenant and return of this Agreement to the Landlord. Where a copy of this Agreement is not delivered within the time specified, the Tenant may withhold payment of rent.

 

24.     LANDLORD¡¯S ADDRESS

As required by the Residential Tenancies Act, the Tenant acknowledges and agrees that the Landlord¡¯s street address and postal address within

Alberta is that which is set out on page 1 of this Agreement.

 

25.     HEADINGS

The headings in this Agreement are inserted for convenience of reference only and shall not affect the construction of this Agreement.

 

26.     SEVERABILITY

If any covenant or condition contained in this Agreement is found to be invalid or illegal, that covenant or condition shall be severable from the remainder of this Agreement, which shall remain in full force and effect.

 

THIS DOCUMENT is intended to be a complete record of the rental agreement. Both parties are to have a complete copy of this agreement. All promises and agreements must be included herein in writing and agreed to by both parties or they are not enforceable.

 

 

_____________________________________                                                   ________________________________________

       Landlord or Landlord¡¯s Agent                                                             Tenant

                                

                                                                                                                 ________________________________________

                                                                                                                 Tenant

Date  ___________________,  ___________                                                   Date  _____________________, ____________

 

I hereby acknowledge receipt of a duplicate original of      _______________________________

This agreement on this _________ day of _________________, 20______                Tenant¡¯s Signature