II. Residential Tenancies(주택 임차)

   1. Interpretation of Terminology(용어 해설)

      1) Fixed term tenancy: a tenancy under a residential tenancy agreement for a term that ends on a day specified in the           agreement.

      2) Periodic tenancy: a tenancy under a residential tenancy agreement that is renewed or continued without notice. If          a periodic tenancy of residential premises is for a period of more than one week but less than one year, that          tenancy is deemed to be a monthly tenancy.

      3) Landlord: the owner of the residential premises, or a property manager who acts as agent for the owner of the           residential premises and any other person who, as agent for the owner, permits the occupation of the residential           premises under a residential tenancy agreement.

      4) Residential tenancy agreement: a written, oral or implied agreement to rent residential premises

      5) Security deposit: any money, property or right paid or given by a tenant of residential premises to a landlord as a           security for the permormance of an obligation or the payment of a liability by the tenant

      6) Tenancy month: the period on which a monthly periodic tenancy is based, and the month begins on the day rent is           payable

      7) Tenancy year: the period on which a yearly periodic tenancy is based, and the year begins on the day, or the           anniversary of the day, on which the tenant first becomes entitled to possession

      8) Tenant: a person who is permitted by the landlord to occupy residential premises under a residential tenancy            agreement

      9) Normal wear and tear: the deterioration that occurs over time with the use of the premises even though the           premises receive reasonable care and maintenance.

   2. Notice of termination of periodic tenancy(임차 만료 통보 시기)

      1) A notice to terminate a monthly tenancy must be served a) by a tenant on the tenant's landlord, on or before the           first day of a tenancy month to be effective on the last day of that tenancy month, or b) by a landlord on the           landlord's tenant, on or before the first day of a notice period to be effective on the last day of the notice period.

      2) A notice to terminate a yearly tenancy must be served a) by a tenant on the tenant's landlord, on or before the           60th day before the last day of a tenancy year, or b) by a landlord on the landlord's tenant, on or before the           90th day before the last day of a tenancy year to be effective on the last day of the tenancy year.

   3. Form of Notice(임차 만료 통보 서식)

      A notice to terminate a tenancy must

      a) be in writing,

      b) be signed by the person giving the notice or the person's agent,

      c) in the case of a landlord teminating the tenancy, set out the reasons for which the tenancy is being termnated,

      d) identify the premises in respect of which tice is served, and

      e) state the date on which the tenancy is to termnate.

   4. Notice of increase in rent(렌트비 인상 통보 시기)

        A landlord shall not increase the rent payable under a residential tenancy agreement or recover any additional rent       resulting from an increase unless the landlord serves on the tenant a written notice of the increse in rent

     a) in respect of a weekly tenancy, at least 12 tenancy weeks,

     b) in respect of a monthly tenancy, at least 3 tenancy months, and

     c) in respect of any other periodic tenancy, at least 90 days, before the n which the increase is to be effective.

        A notice must indicate the date on which the increase is to be effective and must be dated and signed by the       landlord.

   5. Inspection report(주택결함 유무 조사 보고서)

      1) A landlord and tenant shall inspect the residential premises within one week before or after a tenant takes           possession of the residential premises, and the landlord shall, forthwith on completion of the inspection, provide           the tenant with a report of the inspection that describes the condition of the premises.

      2) A landlord and tenant shall inspect the residential premises within one week before or after the tenant gives up           possession of the residential premises, and the landlord shall, forthwith on completion of the inspection, provide           the tenant with a report of the inspection that describes the condition of the premises.

   6. Time of expriation or termination(임차만료 시점)

        Unless the landlord and tenant agree on a different time, a tenancy that expires or is terminated ends at 12 noon on      the last day of the tenancy.

   7. Tenant's covenants(세입자 서약)

      a) The rent will be paid when due.

      b) The tenant will not in any significant manner interfere with the rights of either the landlord or other tenants in the            premises, the common areas or the property of which they form a part.

      c) The tenant will not perform illegal acts or carry on an illegal trade, business or occupation I the premises, the            common areas or the property of which they form a part.

      d) The tenant will not endanger pesons or property in the premises, the common areas or the property of which they            form a part.

      e) The tenant will not do or permit significant damage to the premises, the common areas or the property of which           they form a part.

      f) The tenant will maintain the premises and any property rented with it in a reasonably clean condition.

     g) The tenant will vacate the premises at the expiration or termination of the tenancy.

   8. Locks and security devices(자물쇠와 안전장치)

      a) Neither a tenant nor a landlord shall add to or change locks on doors giving access to residential premises or to           the property of which the residential premises form a part without the consent of the other party.

       b) Notwithstanding subsection a), a landlord may add to or change locks on doors giving access to residential            premises or to the property of which the residential premises form a part if a key is made available to the tenant as            soon as the addition or change is made.

       c) Subsection a) does not apply to the installation by a tenant of s security device that

           i) is capable of being put into effect only while a person is inside the residential premises, and

          ii) can be installed and removed without damage to the premises or will remain affixed to the premises and become               the property of the landlord when the tenancy is terminated.

       d) Where a tenant adds to or changes a lock in accordance with subsection a) the tenant shall make a key available             to the landlord as soon as the addition or change is made.

   9. Security Deposits(안전 예치금)

      a) A landlord shall not require a tenant to provide a security deposit that is greater than one month's rent.

      b) A landlord shall not require a tenant to pay an increase in a security deposit.

      c) A landlord who holds a security deposit shall, within 10 days after the day on which the tenant gives up           possession of the residential premises

         i) deliver the security deposit to the tenant,

        ii) if the landlord is entitled to make a deduction from the security deposit I accordance with the conditions agreed to             by the tenant but is unable to determine the correct amount of the deductin, deliver to the tenant the balance of the             deposit, if any, that the landlord does not intend to use and an estimated statement of account of the anticipated             deduction and within 30 days after the day on which the tenant gives up possession of the residential premises,             deliver to the tenant the remaining balance of the deposit, if any, and a final statement of account.

     d) No deduciton may be made from a tenant's security deposit for normal wear and tear to the residential premises           during the period of the tenan'ts tenancy.

    10. Form(임차만료 통보 서식)

                                                    Termination of a Periodic Tenancy

        To: (name of landlord)                                                                               

              (address, including postal code)                                                        

           I give you notice that the periodic tenancy between me as tenant and you as landlord for    (identify the premises)           is terminated on (date). I will give up possession of the premises by   (time)    on that date.   

       Dated this           day of                       , 20       .

                                                                       (signature of tenant or tenant's agent)  

                                                                       (print name of tenant or tenant's agent)

                                                                       (address, including postal code)         

                                                                       (telephone)                                           

    11.  Rent Form

         Rent Form(렌트신청서)

             Lease Agreement(렌트 계약서)

             Rental Unit Condition Report

             렌트를 하기 전에 알야할 10가지.

   12. 기타

     1) 렌트비에 Utilities 포함 여부(대부분의 아파트와 콘도는 포함되어 있음.)

     2) Built-in Dishwasher, Food fan, Fridge, Microwave  oven,  Air Conditioner, Dryer, Washer, Garage opener,           Security systems 등을 확인한다.

     3) Rent Information

        http://www.lowcostrent.org                    http://www.rentcanada.com

      http://www.pmrentals.com                     http://www.rentfaster.ca

      http://calgaryhomes4rent.com               http://www.bwalk.com

      http://www.homerent.ca                         http:/homebase.ca

      http://www.rentmidwest.com                  http://www.albertarent.com/

      http://www.rentmidwest.com                  http://www.places4rent.com

   13. Breach of Tenancy Agreement

흔한 경우는 아니지만 집을 세놓은 주인 입장에서, 세입자가 랜트비를 연체하거나 줄 의향을 보이지 않는 경우 어떻게 대처해야 하는지 문의하는 경우가 있다.

다음은 Residential Tenancies Act 중에서 본 주제와 관련된 부분만을 인용한 것임을 밝히면서, Landlord의 입장에 있는 분들의 필독을 권한다.

I. Breach of Tenancy Agreement

What can a landlord do if a tenant commits a substantial breach, for example, if a tenant damages property and disturbs other tenants?

A substantial breach occurs if a tenant does not fulfill any one of the tenant’s covenants found in section 21 of the Act or if a tenant commits a series of breaches of a residential tenancy agreement, the cumulative effect of which is substantial. If a tenant commits a substantial breach of the tenant’s obligations, a landlord can:

* apply to the Court to terminate the tenancy and/or
* give the tenant 14 days’ notice of termination of the tenancy

The notice must:

* be in writing
* be signed by the landlord or the landlord’s agent
* state the reason for eviction
* state the time and date that the tenancy ends

If a tenant objects to the reason for notice of termination or does not leave at the end of the notice period, the landlord may apply to the Court for an order for possession, if the landlord has not already done so. The tenant may remain on the premises until the Court decides.

To object to the 14 day notice, the tenant must give the landlord a written explanation of why the tenant disagrees with the reasons set forth in the notice of termination. The landlord must receive it before the 14 days are over.



II. Termination of Tenancy

Both landlords and tenants must put their notice to terminate a tenancy in writing. It must include the address of the premises, the date the tenancy will end and the signature of the person giving notice.

A notice served by a landlord must include the reason for termination. The following are some, but not all, of the acceptable reasons to terminate a tenancy agreement:

* The landlord or a relative of the landlord wants to move in.
* The landlord agrees to sell the premises and the buyer has notified the landlord in writing to request termination of the agreement.
* The landlord intends to re-rent the premises for non-residential purposes.
* The landlord intends to do major renovations that require the premises to be unoccupied.

The notice, whether it is from the landlord or the tenant, must be delivered in person or by certified or registered mail or given to an adult member of the tenant’s residence, or it can be posted on the rented premises.


III. Amount of Notice Required