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Lease Agreement(·»Æ® °è¾à¼)
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
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 |