RESIDENTIAL TENANCY AGREEMENT British Columbia

Transcription

1 RESIDENTIAL TENANCY AGREEMENT British Columbia DEFINITIONS PARTIES In this agreement the words Tenant, Landlord, and Residential Property have the same meaning as in the Residential Tenancy Act of British Columbia and the singular of these words includes the plural. 1. This agreement is made in duplicate between Landlord Full Legal Name or Name of Business if Landlord is a Business Address City PO Box (if applicable) Postal Code OCCUPANTS Tenant(s) Phone (work) Phone (home) Cellphone/Pager -and- Name(s) Name all adults and/or children who will occupy the premises Type of Property Specify Only those tenants and occupants named are allowed to live in the premises without written consent of the landlord. PREMISES 2. The landlord will rent to the tenant and the tenant will rent from the landlord the following premises: Street Suite Number City/Town Postal Code If the tenant is renting a manufactured home pad, the area and boundaries for the manufactured home pad are measured from a fixed point of reference and shown on the attached plan, which forms part of this tenancy agreement. Tenant s mailing address (PO Box if applicable) Postal Code EMERGENCY CONTACT PROPERTY MANAGER OR AGENT Tenant s Phone Number (work) (home) Cellphone/Pager Next of Kin Emergency Contact Phone Number (work) (home) 3. The current agent or property manager for the landlord: Name Address Phone Number (work) (home) Cellphone/Pager Landlord Initials Tenant(s) Initials Company (1 of 10) 2008

2 ADDRESS FOR SERVICE 4. The address for service of the [ ] Landlord [ ] Landlord s Agent: Name Address Daytime Phone Number Other Phone Number Fax Number for Service LENGTH OF TENANCY 5. The tenancy begins on the day of, 20. The tenancy is: [ ] on a month-to-month basis [ ] for a fixed length of time ending on the day of, 20. length of time At the end of this time: [x ] the tenancy may continue on a month-to-month basis, or another fixed length of time. [ ] the tenancy ends and the tenant must move out of the rental property. If this last option is selected, landlord and tenant must initial to acknowledge: [ ] other periodic tenancy as indicated: [ ] weekly [ ] biweekly [ ] other: Landlord Tenant RENT 6. The tenant will pay rent of $ subject to rent increases given in accordance with the Residential Tenancy Act and will pay rent per [ ] day [ ] week [ ] month by: [ ] Cash [ ] Cheque [ ] Post-dated cheques [ ] Other Rent is due on the first day of the rental period which falls on the first day of each: [ ] week [ ] month and is payable to. The landlord must give the tenant a receipt for rent paid in cash. In British Columbia, the landlord can legally ask for post-dated cheques as a term of the tenancy agreement. The landlord must return to the tenant on or before the last day of the tenancy any postdated cheques for rent that remain in the possession of the landlord. If the landlord does not have a forwarding address for the tenant and the tenant has vacated the premises without notice to the landlord, the landlord must forward any post-dated cheques for rent to the tenant when the tenant provides a forwarding address in writing. RENT INCREASE 7. The landlord may not increase the rent under this agreement for 12 months after the date that the existing rent was established with the tenant or 12 months after the date of the last legal rent increase for the tenant. The rent may be increased on the anniversary date only, even if there is a new landlord or a new tenant by way of assignment. The landlord must give a written notice to the tenant of an increase, using the approved Notice of Rent Increase available from any Government Agent Office or from the Residential Tenancy Office. The landlord must give the tenant 3 whole months notice of a rent increase (example: notice given on May 1st would apply to the whole months of June, July, and August). The rent may only increase by the regulated amount and either the landlord or the tenant may obtain the current percentage amount prescribed from the Residential Tenancy Office. Landlord Initials Tenant(s) Initials Company (2 of 10) 2008

3 RENT INCLUDES A tenant who thinks a rent increase is excessive may talk to the landlord or seek help from the Residential Tenancy Office. 8. The following items, appliances, and services are included in the rent: (Check only those things that are included and provide additional information if required.) [ ] stove [ ] natural gas [ ] sewage disposal [ ] refrigerator [ ] cable service [ ] other (define) [ ] laundry facilities [ ] heat [ ] dishwasher [ ] water [ ] furniture [ ] garbage collection [ ] carpets [ ] electricity ] window coverings [ ] parking # of spaces 1 space # The landlord must not take away or restrict a service or facility that is essential to the tenant s use of the rental unit as living accommodation, or that is already included in the rental agreement, unless a reduction is made under section 27 (2) of the Act. The tenant is responsible for the following: [ ] Lawn care [x ] Late payment charges [ ] Snow removal [x ] Returned cheque charges [ ] Garbage removal [ ] $ / month # of spaces [ X ] Tenant insurance 9. Additional obligations PET DAMAGE AND SECURITY DEPOSITS SECURITY DEPOSIT 10. [ ] A pet damage deposit is not required. OR [ ] A pet damage deposit of $ (not to exceed 1/2 month s rent) for (number and kind of pets). Pets may be prohibited or restricted in size, kind, or number. There may also be rules created for the tenant s pet. If there are rules, they should be written and a copy signed by tenant and landlord must be attached to the tenancy agreement. See Schedule for pet rules.. Note: In a manufactured home park, a landlord may not charge a pet deposit. [ ] A security deposit is not required. OR [ ] 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 15 days of the termination of this agreement, unless [ ] the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent and/or damages; or [ ] the landlord applies for arbitration under the Residential Tenancy Act within 15 days of the end of the tenancy agreement to claim some or all of the security deposit and interest. The landlord shall file a claim for unpaid rent and/or damages within 15 days of the termination of the agreement if the deposit is not returned. Note: A landlord in a manufactured home park is not allowed to require or accept a security deposit for a manufactured home park tenancy. Landlord Initials Tenant(s) Initials Company (3 of 10) 2008

4 CONDITION INSPECTION REPORT MANUFACTURED HOME PARK THIRD PARTY INSURANCE SMOKING REASONABLE RULES RENTAL ARREARS 11. Under Sections 23 and 35 of the Act (condition inspections) and Part 3 of the regulation (condition inspections), the landlord and tenant must conduct an inspection of the premises together and prepare a written condition inspection report signed and dated by the landlord and tenant. The inspection should take place (i) when the tenant is entitled to possession, (ii) when the tenant starts keeping a pet during the tenancy if a report was not prepared at the start of the tenancy, and (iii) at the end of the tenancy. After the condition inspection report is prepared, it shall form part of the agreement. The landlord and tenant may agree on a different day for the inspection. [ ] A condition inspection report is attached to the agreement. (See Schedule. ) [ ] A condition inspection report is not attached. Note: The landlord or the tenant lose the right to claim for damage to residential property against the security or pet deposit, or both, if that party does not comply with the requirement for the reports. The landlord agrees to keep the security deposit and pet damage deposit during this tenancy and to pay interest on it in accordance with the regulation, and to repay the deposits and interest to the tenant within 15 days of the end of the tenancy agreement unless (a) the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent or damage and the landlord agrees in writing to this arrangement, or (b) the landlord applies, within 15 days of the end of the tenancy agreement, for arbitration to reclaim some or all of the security deposit or pet damage deposit under the Residential Tenancy Act. The 15 day period begins (a) the date the tenancy ends, or (b) the date the landlord receives the tenant's forwarding address in writing. If the landlord does not comply with the regulation concerning security deposits, the landlord (a) may not make a claim against the security or the pet damage deposit, and (b) must pay the tenant double the amount of the security deposit, the pet damage deposit, or both. 12. [ x ] The landlord requires proof of third party insurance against damage to the park caused by moving the manufactured home on or off the site. See attached Schedule for a copy of the third party insurance. OR [ ] The landlord does not require proof of third party insurance. 13. Smoking [ ] is [ x ] is not allowed in the rental unit. 14. The landlord and tenant promise to comply with the conditions set out in Schedule A. The tenant acknowledges receipt of the rules of the residential premises and residential property, which are attached hereto as Schedule. NOTICE TO END EXCEPT FIXED TERM 15. Tenants must pay the rent on time, unless the tenant is permitted under the Act to deduct from the rent. If the rent is late the landlord may issue a Notice to End Tenancy on the prescribed form to the tenant, which notice may take effect not earlier than 10 days after the date the notice is received by the tenant. 16. All Notices to End must be in writing. The notice must include the address of the rental unit, the date the tenancy ends, the specific grounds for ending the tenancy if the tenant is ending it because the landlord breached a material term of the tenancy, and the signature(s) of the tenant(s) and the date the notice was signed. Landlord Initials Tenant(s) Initials Company (4 of 10) 2008

5 The tenant must give 1 calendar month s notice in writing to the landlord before the rent is due. If it is the landlord terminating the tenancy, depending on the situation, he or she must allow tenants the following notice periods: 10 days for non-payment of rent 2 months for landlord s use of property Note: The tenant must vacate the residential property by 1 p.m. on the day the tenancy ends, unless the landlord and the tenant have agreed on a different time. NOTICE TO END FIXED-TERM TENANCY 17. If the fixed-term tenancy agreement does not require the tenant to vacate at the end of his or her tenancy, the agreement is renewed as a month-to-month tenancy. (Clause 16 above outlines how to end a month-to-month tenancy.) 18. This agreement is for the benefit of and is binding on the landlord and tenant and their heirs, executors, administrators, and assigns. 19. Any or all tenants signing this agreement take full responsibility for all its terms and conditions. 20. Resident, any member of the Resident's household, or a guest or other person under Resident's control shall not engage in criminal activity, including drug-related criminal activity, on or near property premises. "Drug related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802)). Resident or members of the household WILL NOT PERMIT THE DWELLING UNIT TO BE USED FOR, OR TO FACILITTE, CRIMINAL ACTIVITY, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. Resident or member of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near property premises or otherwise. Resident, any member of the Resident's household, or a guest or other person under the resident's control SHALL NOT ENGAGE IN ACTS OF VIOLENCE OR THREATS OF VIOLENCE, including, but not limited to, the unlawful discharge of firearms, on or near property premises. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE RENTAL AGREEMENT AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and material noncompliance with the rental agreement. It is understood and agreed that a single violation shall be good cause for termination of the rental agreement. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be a preponderance of the evidence and at the discretion and judgment of Owner. 21. Noise shall always be kept to a reasonable level. Between the hours of 9:30 pm and 8 am music, TV and other activities that make noise must be set to reasonable volumes. 22. Should the property be sold, this agreement terminates upon the completion date. That being said the tenant is to be granted a minimum of 30 days notice of the completion date or must be allowed to remain until said 30 days expire from the date of notice. Landlord Initials Tenant(s) Initials Company (5 of 10) 2008

6 Attachments (Initials required) The tenant has received a copy of the signed agreement within 21 days of the date of the signing of the agreement. The tenant has read, signed, and received the rules and attachments to this agreement. Other SIGN BOTH COPIES SEPARATELY. Date Landlord s name or Rep Landlord s signature or Rep ANY OR ALL TENANTS SIGNING THIS AGREEMENT TAKE FULL RESPONSIBILITY FOR ALL OF ITS TERMS AND CONDITIONS. Date Tenant s name Tenant s signature Date Tenant s name Tenant s signature Date Tenant s name Tenant s signature Company (6 of 10) 2008

7 Schedule A The following conditions apply where the relationship of landlord and tenant exists, regardless of any agreement, declaration, lease, waiver, or other statement to the contrary. Conditions: 1. Assign or Sublet The tenant may assign or sublet the residential premises to another person with the consent of the landlord. If this tenancy agreement is for a fixed length of 6 months or more, or is solely for the rental of a manufactured home pad, the landlord must not arbitrarily or unreasonably withhold consent to assign or sublet. Under an assignment a new tenant must assume all of the rights and duties under the existing tenancy agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent. If a landlord unreasonably withholds consent to assign or sublet or charges a fee, the tenant may apply for arbitration under the Residential Tenancy Act. 2. Repairs (a) Landlord s Duties The landlord must provide and maintain the residential premises and residential property in a reasonable state of decoration and repair, making the residential premises and the residential property suitable for occupation by a tenant. The landlord must comply with health, safety, and housing standards required by law. If the landlord is required to make a repair to comply with the above duties, the tenant may discuss it with the landlord. If the landlord refuses to make the repair, the tenant may seek an Arbitrator s Order under the Residential Tenancy Act for the completion and costs of the repair. (b) Tenant s Duties The tenant must maintain reasonable health, cleanliness, and sanitary standards throughout the residential premises and residential property. The tenant must take the necessary steps to repair damage to the residential premises and residential property caused by a willful or negligent act or omission of the tenant or invited guests of the tenant. The tenant is not responsible for reasonable wear and tear to the residential premises. If the tenant does not comply with the above duties, the landlord may discuss the matter with the tenant and may seek a monetary order through arbitration under the Residential Tenancy Act for the cost of repairs, serve a Notice to End a Residential Tenancy, or both. (c) Emergency Repairs The landlord must post and keep current in a conspicuous place on the residential property, or give to the tenant in writing, the name and telephone number of the designated contact person for emergency repairs. The tenant must make at least two attempts by telephone to notify the person designated by the landlord, and then give a reasonable time for completion of the emergency repairs by the landlord. If the emergency repairs are still required, the tenant may undertake the repairs and claim reimbursement from the landlord, provided a statement of account and receipts are given to the landlord. If the landlord does not reimburse the tenant as required, the tenant may deduct the cost from rent. The landlord may take over completion of the emergency repairs at any time. Emergency repairs must be urgent and necessary for the health and safety of persons or preservation of property and are limited to (i) major leaks in the pipes or roof, (ii) damaged or blocked water or sewer pipes or plumbing fixtures, (iii) repairs to the primary heating system, (iv) defective locks that give access to the residential premises, and (v) repairs to the electrical system. 3. Occupants and Invited Guests (a) The landlord may not stop the tenant from having guests in the residential premises under reasonable circumstances. If the number of permanent occupants is unreasonable, the landlord may discuss the issue with the tenant and may serve a Notice to End a Residential Tenancy. Disputes regarding the notice may be resolved through arbitration under the Residential Tenancy Act. (b) The landlord cannot impose restrictions on guests and cannot require or accept any extra charge for daytime visits or overnight accommodation of guests. 4. Locks The landlord may not change or add a lock or other means of access to residential premises unless the tenant agrees and the landlord provides each tenant with new keys or other means of access. The tenant may not change locks or other means of access to the rental unit or common areas of the residential Landlord Initials Tenant(s) Initials Company (7 of 10) 2007

8 property unless the tenant has written approval from the landlord or the change is ordered by an arbitrator. Landlord Initials Tenant(s) Initials Company Name (8 of 10) 2007

9 5. Entry of Residential Premises by the Landlord (a) For the duration of this tenancy agreement, the residential premises are the tenant s home and the tenant is entitled to privacy, quiet enjoyment, freedom from unreasonable disturbance, and to exclusive use of the residential premises. (b) The landlord may enter the residential premises only if one of the following applies: (i) The landlord gives the tenant a written notice which states why the landlord needs to enter the residential premises and specifies a reasonable time not sooner than 24 hours and not later than 30 days from the time of giving notice. The notice must state the purpose for entering and the date and time of the entry (between 8 a.m. and 9 p.m. unless the tenant agrees to a different time). (ii) There is an emergency and entry is necessary to protect life or property. (iii) The tenant gives the landlord permission to enter at the time of entry or not more than 30 days before the time of entry for a specific purpose. (iv) The tenant has abandoned the residential premises. (v) The landlord has the order of an arbitrator or court saying the landlord may enter the residential premises. (vi) The landlord is providing housekeeping or related services and the entry is for that purpose and at a reasonable time. (c) If a landlord enters or is likely to enter the residential premises illegally, the tenant may apply for an Arbitrator s Order under the Residential Tenancy Act, to change the locks, keys, or other means of access to the residential premises and prohibit the landlord from entering the premises. At the end of the tenancy, the tenant must give the key for the residential premises to the landlord. (d) The landlord may inspect the rental unit monthly with proper notice to the tenant. 6. Ending a Tenancy (a) The tenant may end a monthly, weekly or other periodic tenancy by giving the landlord at least one month s written notice. A notice given the day before the rent is due in a given month ends the tenancy at the end of the following month. [For example, if the tenant wants to move at the end of May, the tenant must make sure the landlord receives written notice on or before April 30th.] (b) The notice must be in writing and must: (a) include the address of the rental unit, (b) include the date the tenancy is to end, (c) be signed and dated by the tenant, and (d) include the specific grounds for ending the tenancy, if the tenant is ending a tenancy because the landlord has breached a material term of the tenancy. (c) If this is a fixed term tenancy and the agreement does not require the tenant to vacate at the end of the tenancy, the agreement is renewed as a monthly tenancy on the same terms until the tenant gives notice to end a tenancy as required under the Residential Tenancy Act. (d) The landlord may end the tenancy only for the reasons and only in the manner set out in the Residential Tenancy Act and the landlord must use the approved notice to end a tenancy form available from the Residential Tenancy Office. (e) The landlord and tenant may mutually agree in writing to end this tenancy agreement at any time. (f) The tenant must vacate the residential property by 1 p.m. on the day the tenancy ends, unless the landlord and tenant otherwise agree. 7. Application of the Residential Tenancy Act The terms of this tenancy agreement and any changes or additions to the terms may not contradict or change any right or duty under the Residential Tenancy Act or a regulation made under the act and to the extent that a term of this tenancy agreement does contradict or change a right or duty under the Residential Tenancy Act or a regulation made under that act the term of this tenancy agreement is void. Any change or addition to this tenancy agreement must be agreed to in writing and initialled by both the landlord and tenant and must be reasonable. If a change is not agreed to in writing, is not initialled by the landlord and tenant, or is not reasonable it is not enforceable. The requirement for the landlord and tenant to agree in writing to changes as described in the preceding paragraph does not apply to a rent increase given in accordance with the Residential Landlord Initials Tenant(s) Initials Company Name (9 of 10) 2007

10 Tenancy Act; a withdrawal of or a restriction on a service or facility in accordance with the Residential Tenancy Act; or a term in respect of which an Arbitrator s Order has been obtained by a landlord or tenant, that the agreement of the other party is not required. 8. Arbitration of Disputes Despite any other provision of this tenancy agreement, under the Residential Tenancy Act a tenant has the right to apply for arbitration to resolve a dispute. 9. Tenancy Agreement Copies The landlord must give the tenant a copy of this agreement promptly, and in any event within 21 days of entering into the agreement. 10. Manufactured Home Pad Plan A plan or sketch describing the area and boundaries of the manufactured home pad rented under this agreement must be attached to this agreement. The boundaries must be measured from a permanent reference point (for example, the sewer outlet). It is also recommended that the plan indicate how the manufactured home park is zoned by municipal authority, indicate whether the park has senior s status, and be signed and dated by the landlord and the tenant. 11. Additional Terms (a) Write down any additional terms to which the tenant and the landlord agree. Additional terms may cover matters such as pets, yard work, smoking, and snow removal. Additional pages may be used. (ii) Any addition to this tenancy agreement must comply with the Residential Tenancy Act and regulations, and must clearly communicate the rights and obligations under it. If a term does not meet these requirements, or is unconscionable, the term is not enforceable. (iii) There is an Addendum attached to this tenancy agreement: Addendum A contains additional terms. Addendum contains additional terms. Addendum contains additional terms. Landlord s signature Date Print name Tenant s signature Date Print name Tenant s signature Date Print name Company (10 of 10) 2007