"Standard Form of Lease"

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STANDARD FORM OF LEASE
(Residential Tenancies Act R.S.N.S. 1989, c.401)
1.
This agreement is made in duplicate between
PARTIES
Landlord
Name
PO Box (if applicable)
Municipal/Civic Address
Postal Code
City
Phone (res)
Phone (bus)
– and –
Tenant(s)
Name(s)
OCCUPANTS
Other adults or children who will occupy premises
Type of Property
Specify
Only those tenants and occupants named are allowed to live in the premises without written
consent of the landlord.
2.
The landlord will rent to the tenant and the tenant will rent from the landlord the following premises at
PREMISES
Location:
Street
Apt. No.
City / Town
Tenant’s mailing address (PO Box if applicable)
Postal Code
Tenant’s Phone #
(work)
(home)
EMERGENCY
Next of Kin
CONTACT
Emergency Contact
Phone # (work)
(home)
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The residential premises described above are administered under a public housing program as
defined in clause 2(fa) of the Residential Tenancies Act. Program eligibility requirements and rules
relating to changes in rent are contained in Schedule “
” attached hereto.
PROPERTY
3.
The current agent or property manager for the landlord is
MANAGER
OR AGENT
Name
Civic Address
Phone # (work)
(home)
4.
The current superintendent for the building is
Name
Address
Phone #
Emergency Phone #
WHO TO
5.
All notices to quit or service of documents to the landlord shall be in writing and served in person, by
registered mail or by any other means authorized by the Director to
SERVE
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the landlord / owner
(and/or)
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the agent or property manager
or
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the superintendent
at the above noted addresses.
LEASE
6.
The tenancy is to commence or take effect on the ___________ day of ________________ , 20 ____
BEGINS
and this shall be the anniversary date as defined in the Act.
The term is to run (check one)
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from year to year
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from month to month
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from week to week
and the tenancy continues until the landlord or the tenant gives proper notice to terminate.
OR
The tenancy is for a fixed term, beginning on the ___________ day of ________________ , 20 ____ and
ending on the ___________ day of ________________ , 20 ____ . Any continuation of the tenancy at the
end of a fixed term requires the written consent of the landlord. At the end of the fixed term, the
tenancy is finished and the tenant must vacate.
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STANDARD FORM OF LEASE
(Residential Tenancies Act R.S.N.S. 1989, c.401)
1.
This agreement is made in duplicate between
PARTIES
Landlord
Name
PO Box (if applicable)
Municipal/Civic Address
Postal Code
City
Phone (res)
Phone (bus)
– and –
Tenant(s)
Name(s)
OCCUPANTS
Other adults or children who will occupy premises
Type of Property
Specify
Only those tenants and occupants named are allowed to live in the premises without written
consent of the landlord.
2.
The landlord will rent to the tenant and the tenant will rent from the landlord the following premises at
PREMISES
Location:
Street
Apt. No.
City / Town
Tenant’s mailing address (PO Box if applicable)
Postal Code
Tenant’s Phone #
(work)
(home)
EMERGENCY
Next of Kin
CONTACT
Emergency Contact
Phone # (work)
(home)
I I
The residential premises described above are administered under a public housing program as
defined in clause 2(fa) of the Residential Tenancies Act. Program eligibility requirements and rules
relating to changes in rent are contained in Schedule “
” attached hereto.
PROPERTY
3.
The current agent or property manager for the landlord is
MANAGER
OR AGENT
Name
Civic Address
Phone # (work)
(home)
4.
The current superintendent for the building is
Name
Address
Phone #
Emergency Phone #
WHO TO
5.
All notices to quit or service of documents to the landlord shall be in writing and served in person, by
registered mail or by any other means authorized by the Director to
SERVE
I I
the landlord / owner
(and/or)
I I
the agent or property manager
or
I I
the superintendent
at the above noted addresses.
LEASE
6.
The tenancy is to commence or take effect on the ___________ day of ________________ , 20 ____
BEGINS
and this shall be the anniversary date as defined in the Act.
The term is to run (check one)
I I
from year to year
I I
from month to month
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from week to week
and the tenancy continues until the landlord or the tenant gives proper notice to terminate.
OR
The tenancy is for a fixed term, beginning on the ___________ day of ________________ , 20 ____ and
ending on the ___________ day of ________________ , 20 ____ . Any continuation of the tenancy at the
end of a fixed term requires the written consent of the landlord. At the end of the fixed term, the
tenancy is finished and the tenant must vacate.
RENT
7.
The tenant will pay rent of $ ________________ per _______________ by:
(week / month)
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Cash
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Pre-authorized automatic withdrawal
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Post-dated cheques
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Cheque
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Other
Rent is due on the
day of each month/week and is payable to
.
A late payment fee, if any, shall be charged at no more than 1% per month of the monthly rental.
RENT
The rent may not increase under this lease for 12 months. The rent may be increased on the
INCREASE
anniversary date only. The landlord must give a written notice to the tenant of an increase:
(a)
4 months before the anniversary date of a month to month or year to year lease;
(b)
8 weeks before the anniversary date of a week to week lease;
(c)
7 months before the anniversary date of a mobile home lot lease. Note: The Landlord may select a date
to be the annual rent increase date for the park. If an annual rent increase date is used notice must be
given 7 months before this date. The Landlord must serve the notice of rent increase on the tenants of
the mobile home park.
Where the landlord administers a public housing program and the tenant’s rent is increased solely on the basis
of an increase in income, the restrictions on frequency of rental increases and notice requirements do not apply.
RENTAL
8.
In signing this lease, the landlord has granted to the tenant the following incentives which will remain in effect
INCENTIVE
for the duration of the lease. The tenant is not required to repay or return any rental incentive if he or she
(IF ANY)
terminates the lease before the end of the term in accordance with the provisions of the Residential Tenancies
Act or sublets the residential premises to a tenant with the consent of the landlord.
RENT
9.
The rent includes:
Appliances
Utilities
INCLUDES
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stove
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washer & dryer (coin operated)
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fridge
cable service
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washer & dryer
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heat
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dishwasher
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water
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furniture
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hot water
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other (define)
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electricity
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parking
# of spaces _________
space # __________
__________
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facilities to separate recyclables, organics and refuse
The landlord is responsible for providing these services and the deletion of a service is deemed to be a
rental increase.
The tenant is responsible for the following:
I I
Lawn care
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Late payment charges
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Snow removal
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Returned cheque charges not to exceed $____________________
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Garbage removal
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Parking @ $ ____________ / month
# of spaces ___________
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Tenant Insurance
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Locked out charges / keys not to exceed $_____________________
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Separation of recyclables, organics and refuse
10.
Additional obligations
11.
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A security deposit is not required.
SECURITY
OR
DEPOSIT
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A security deposit of $ ____________________ (not to exceed 1/2 month’s rent) will be deposited for
the tenant by the landlord at __________________________________________________________________
Financial Institution / Branch
in a trust account within 3 days of its receipt, and will be returned to the tenant with interest, within 10 days of
the termination of this lease. The landlord shall file a claim for unpaid rent and/or damages within 10 days of
the termination of the lease if the deposit is not returned.
INSPECTION
An inspection of the premises and the preparation of a written inspection report signed by the landlord and
tenant or an electronic inspection report prepared within 7 days of the start of the tenancy and within 7 days of
the end of the tenancy is recommended. If a report is prepared it shall form part of the lease.
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A form of inspection report is attached to the lease.
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An inspection report is not attached.
REASONABLE
12.
The landlord and tenant promise to comply with the statutory conditions set out in Schedule “A”. The tenant
RULES
acknowledges receipt of the rules of the building which are attached hereto as Schedule “____” .
Tenants in a public housing program are not permitted to sublet the premises.
RENTAL
13.
In a monthly or yearly tenancy, where a tenant is in arrears in paying the rent for 30 days or more, the
ARREARS
landlord may give the tenant a 15 day written notice to quit the premises.
In a weekly tenancy, where a tenant is in arrears for 7 days or more, the landlord may give the tenant 7
days written notice to quit the premises.
SECURITY
14.
Where a tenant has lived in the premises for 5 years or more, written notice to quit may only be given by
OF
the landlord in accordance with the Residential Tenancies Act.
TENURE
Where a tenant has lived in a mobile home park for 1 year or more, written notice to quit may only be
given by the landlord in accordance with the Residential Tenancies Act.
15.
All notices to quit for a tenancy other than a fixed term shall be given in writing in accordance with
NOTICE
the following table.
TO QUIT
EXCEPT
Type of Tenancy
Notice by Tenant
Notice by Landlord
FIXED TERM
Mobile Home Lot at least 1 full month before
at least 6 full months before
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the end of the tenancy
the end of the tenancy
at least 3 full months before
at least 3 full months before
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Yearly
the anniversary date
the anniversary date
at least 1 full month before
at least 3 full months before
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Monthly
the end of any month
the end of any month
at least 1 full week before
at least 4 full weeks before
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Weekly
the end of any week
the end of any week
If a tenant has security of tenure, the landlord must apply to the Director for the notice to quit.
PUBLIC
16.
Where a landlord administers a public housing program a tenant shall provide income verification in the form
HOUSING
as required and the tenant shall not sublet the premises.
PROGRAM
17.
This lease is for the benefit of and is binding on the landlord and tenant and their heirs, executors,
administrators and assigns.
18.
Any or all tenants signing this lease take full responsibility for all of its terms and conditions.
Attachments (Initials required)
1
______
The tenant has received a copy of the Act and regulations within 10 days from grant,
possession or occupancy from the landlord.
2
______
The tenant has received a copy of the signed lease within 10 days of the date of the signing
of the lease.
3
______
The tenant has read, signed and received the rules and attachments to this lease.
SIGN BOTH COPIES SEPARATELY.
BEFORE YOU SIGN PLEASE READ THE FOLLOWING NOTICE.
TENANTS
GIVING NOTICE
IF YOU WISH TO TERMINATE AYEAR TO YEAR LEASE AT THE END OF THE LEASE TERM, THE LAW REQUIRES THAT
YOU MUST GIVE AT LEAST 3 MONTHS WRITTEN NOTICE ON OR BEFORE _______________________________________
Notice Date – 3 months prior to anniversary date
OTHERWISE THE LEASE WILL AUTOMATICALLY BE RENEWED FOR ANOTHER YEAR.
IF YOU WISH TO TERMINATE A MONTH TO MONTH LEASE, OR A MOBILE HOME LOT LEASE YOU MUST GIVE AT
LEAST 1 FULL MONTH’S WRITTEN NOTICE BEFORE THE EXPIRATION OF ANY SUCH MONTH.
IF YOU WISH TO TERMINATE A WEEKLY TENANCY, YOU MUST GIVE 1 FULL WEEK’S NOTICE BEFORE THE
EXPIRATION OF ANY SUCH WEEK.
Date
Landlord
ANY OR ALL TENANTS SIGNING THIS LEASE TAKE FULL RESPONSIBILITY FOR ALL OF ITS
TERMS AND CONDITIONS.
Date
Tenant
Date
Tenant
Date
Tenant
SCHEDULE “A”
STATUTORY CONDITIONS
Statutory Conditions
9
(1) Notwithstanding any lease, agreement, waiver, declaration or other statement to the contrary, where the relation of
landlord and tenant exists in respect of residential premises by virtue of this Act or otherwise, there is and is deemed to
be an agreement between the landlord and tenant that the following conditions will apply as between the landlord and
tenant as statutory conditions governing the residential premises:
Statutory conditions
1. Condition of Premises – The landlord shall keep the premises in a good state of repair and fit for habitation
during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or
housing.
2. Services – Where the landlord provides a service or facility to the tenant that is reasonably related to the
tenant’s continued use and enjoyment of the premises such as, but not so as to restrict the generality of the
foregoing, heat, water, electric power, gas, appliances, garbage collection, sewers or elevators, the landlord shall
not discontinue providing that service to the tenant without proper notice of a rental increase or permission from
the Director.
3. Good Behaviour – A landlord or tenant shall conduct himself in such a manner as not to interfere with the
possession or occupancy of the tenant or of the landlord and the other tenants, respectively.
4. Obligation of the Tenant – The tenant is responsible for the ordinary cleanliness of the interior of the premises
and for the repair of damage caused by wilful or negligent act of the tenant or of any person whom the tenant
permits on the premises.
5. Subletting Premises – The tenant may assign, sublet or otherwise part with possession of the premises subject
to the consent of the landlord which consent will not arbitrarily or unreasonably be withheld or charged for unless
the landlord has actually incurred expense in respect of the grant of consent. (Pursuant to subsection 6(4) of the
Residential Tenancies Act tenants under a housing program shall not sublet the residential premises.)
6. Abandonment and Termination – If the tenant abandons the premises or terminates the tenancy otherwise
than in the manner permitted, the landlord shall mitigate any damages that may be caused by the abandonment or
termination to the extent that a party to a contract is required by law to mitigate damages.
7. Entry of Premises – Except in the case of an emergency, the landlord shall not enter the premises without the
consent of the tenant unless
(a) notice of termination of the tenancy has been given and the entry is at a reasonable hour for the purpose of
exhibiting the premises to prospective tenants or purchasers; or
(b) the entry is made during daylight hours and written notice of the time of the entry has been given to the
tenant at least twenty-four hours in advance of the entry.
8. Entry Doors – Except by mutual consent, the landlord or the tenant shall not during occupancy by the tenant
under the tenancy alter or cause to be altered the lock or locking system on any door that gives entry to the
premises.
9. Late Payment Penalty – Where the lease contains provision for a monetary penalty for late payment of rent,
the monetary penalty shall not exceed one per cent of the monthly rent.
Statutory conditions re mobile homes
(2) In addition to the statutory conditions set out in subsection (1), there is and is deemed to be an agreement between
the landlord and tenant that the following statutory conditions apply as between them in respect of the lease of a mobile
home space or a mobile home in a mobile home park:
Statutory conditions respecting mobile homes
1. The landlord shall not restrict in any way the right of a tenant to sell, lease or otherwise part with the possession
of a mobile home by the tenant.
2. The landlord shall not receive any compensation for acting as the agent of the tenant in any negotiations to sell,
lease or otherwise part with possession of a mobile home space or a mobile home situate in a mobile home park,
unless provided for in a separate written agency agreement that is entered into by the tenant
(a) after the tenant enters into the tenancy agreement; and
(b) at the time that the tenant decides he wishes to offer his mobile home for sale or lease or otherwise part with
the possession of his mobile home or mobile home space.
3. (1) Except as provided in this condition, the landlord shall not restrict in any way the right of the tenant to
purchase goods or services from the person of the tenant’s choice.
(2) The landlord may set reasonable standards for mobile home equipment.
(3) Where a person who does not live in the mobile home park and who is offering goods or services for sale
(a) unduly disturbs the peace and quiet of the mobile home park;
(b)fails to observe reasonable rules of conduct that have been established by the landlord; or
(c) violates the traffic rules of the mobile home park,
despite a request by the landlord to discontinue the conduct, the landlord may restrict or prohibit the entry of
that person into the mobile home park.
4. The landlord is responsible for compliance with municipal by-laws in respect of the common areas of the
mobile home park and the services provided by the landlord to the tenants in the mobile home park.
5. The tenant is responsible for compliance with municipal by-laws in respect of the tenant’s mobile home and the
mobile home space on which it is located to the extent that the landlord is not responsible.
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