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Frequently Asked Questions

What is a Residential Lease?A Residential Lease is a legally binding contract between a Landlord and tenant. The Lease gives a tenant the right to use and enjoy the described residential property in exchange for money. It outlines the rights and responsibilities of both the Landlord and Tenant during the tenancy.

Governments have enacted laws to protect tenants by ensuring them a minimum set of rights. A Residential Lease cannot take away these basic rights.
When should I use a residential lease?A written lease should be used whenever property is being rented out. The lease reduces the potential for disputes by stating the responsibilities of both the Tenant and Landlord.

LawDepot's Residential Lease was researched and prepared by lawyers to ensure its legal accuracy and our proprietary software makes it easy for you to customize the lease to your situation.
What is a basement suite and how does this differ from renting a room?A basement suite is a self-contained dwelling unit with its own kitchen, bathroom, and living area. They often feature a private entrance to the house for the Tenant.

Renting a room, on the other hand, means the Tenant will likely share part of the accommodations with the Landlord or other tenants. The kitchen, bathroom, and house entrance are common examples of shared space.
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RESIDENTIAL LEASE AGREEMENT

THIS LEASE (the "Lease") dated this 30th day of August, 2015

BETWEEN:

_________________________

(the "Landlord")

- AND-

___________________________

(the "Tenant")

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

  1. Leased Property
  2. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Alberta  __________ (the "Property"), for use as residential premises only. Neither the Property nor any part of the Property will be used at any time during the term of this Lease by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
  3. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  4. No pets or animals are allowed to be kept in or about the Property without the prior written permission of the Landlord. Upon thirty (30) days notice, the Landlord may revoke any consent previously given pursuant to this clause.
  5. Subject to the provisions of this Lease, the Tenant is entitled to the use of parking on or about the Property.
  6. The Tenant and members of Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property.
  7. The Property is provided to the Tenant without any furnishings.
  8. Term
  9. The term of the Lease commences at 12:00 noon on August 30, 2015 and ends at 12:00 noon on August 30, 2015.
  10. Rent
  11. Subject to the provisions of this Lease, the rent for the Property is $0.00 per month (the "Rent").  
  12. The Tenant will pay the Rent on or before the ____________________ of each and every month of the term of this Lease to the Landlord at ______________________, ______________,  __________ or at such other place as the Landlord may later designate.
  13. Quiet Enjoyment
  14. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the agreed term.
  15. Tenant Improvements
  16. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  17. Insurance
  18. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  19. Attorney Fees
  20. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
  21. Governing Law
  22. This Lease will be construed in accordance with and exclusively governed by the laws of the Province of Alberta.
  23. Severability
  24. If there is a conflict between any provision of this Lease and the applicable legislation of the Province of Alberta (the "Act"), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
  25. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.
  26. Amendment of Lease
  27. This Lease may only be amended or modified by a written document executed by the Parties.
  28. Assignment and Subletting
  29. The Tenant will not assign this Lease, or sublet or grant any concession or licence to use the Property or any part of the Property. Any assignment, subletting, concession, or licence, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease.
  30. Damage to Property
  31. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.
  32. Care and Use of Property
  33. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  34. The Tenant will not engage in any illegal trade or activity on or about the Property.
  35. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  36. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  37. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.
  38. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
  39. Hazardous Materials
  40. The Tenant will not keep or have on the Property any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company.
  41. Rules and Regulations
  42. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  43. Address for Notice
  44. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below.  After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: ___________________________.
    2. Phone:  _________________________.
    3. Post termination notice address: ________________________________________________________
  45. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _________________________.
    2. Address: ______________________, ______________,  __________.

    The contact information for the Landlord is:

    1. Phone:  _________________________.
  46. General Provisions
  47. All monetary amounts stated or referred to in this Lease are based in the Canadian dollar.
  48. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  49. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  50. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  51. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
  52. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  53. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check or checks returned by the Tenant's financial institution.
  54. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  55. This Lease and the Tenant's leasehold interest under this Lease are and will be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by the Landlord, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions such liens or encumbrances.
  56. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  57. This Lease constitutes the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either Party except to the extent incorporated in this Lease.
  58. The Tenant will indemnify and save the Landlord, and the owner of the Property where different from the Landlord, harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord will or may become liable or suffer by reason of any breach, violation or non-performance by the Tenant or by any person for whom the Tenant is responsible, of any covenant, term, or provisions hereof or by reason of any act, neglect or default on the part of the Tenant or other person for whom the Tenant is responsible. Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of the Lease will survive the termination of the Lease, notwithstanding anything in this Lease to the contrary.
  59. The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Property of the Landlord or for any loss of or damage or injury to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible.
  60. The Tenant is responsible for any person or persons who are upon or occupying the Property or any other part of the Landlord's premises at the request of the Tenant, either express or implied, whether for the purposes of visiting the Tenant, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Tenant is responsible for all members of the Tenant's family, guests, servants, tradesmen, repairmen, employees, agents, invitees or other similar persons.
  61. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.
  62. Time is of the essence in this Lease.

IN WITNESS WHEREOF ___________________________ and _________________________ have duly affixed their signatures on this 30th day of August, 2015.

__________________________________
Tenant: ___________________________

  _________________________________
Landlord: _________________________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

__________________________________
Tenant: ___________________________

   

Residential Rental Agreement

Alternate Names:

A Residential Rental Agreement is also referred to as a:

  • Lease
  • Rental Contract
  • Tenancy Agreement
  • Residential Lease

What is a Rental Agreement?

A Rental Agreement (lease) is a contract between a landlord and tenant that is used to set out the terms of a residential tenancy. A lease can be used when renting a room, house, apartment, condo, basement suite, duplex, or town home.

You can create and customize this Rental Agreement for any residential property within Canada, including all provinces and territories.

Parties in a Rental Agreement

  • Landlord: A landlord is the individual who is renting out his or her residential property in exchange for rent payments.
  • Tenant: A tenant is the party who agrees to pay to live in the leased premises for a specific amount of time as indicated in the Rental Agreement.

Who should use a Rental Agreement?

Anyone who is renting residential space to or from another party should use a lease to outline the rights and responsibilities of both the tenant and the landlord during the tenancy.

This may include:

  • Landlords who are renting out property to a tenant
  • Property managers or real estate investors with multiple properties and tenants to manage
  • An individual who is renting a room to a friend or family member
  • A tenant whose landlord did not provide them with a lease

What is included in a Rental Agreement?

A Rental Agreement should include:

  • Landlord, Tenant, and Property Information: Contact information for both parties, as well as a description of the rental property.
  • Lease Length: How long the tenancy will be, including whether it will automatically renew (continue until either party gives notice) or if it is a fixed term (will expire on a predetermined date), and notice details.
  • Rent Price: How much the rent price will be per month, and if utilities are included. Also, if there is a fee for late payments and if the landlord requires a pet or damage deposit.
  • Permissions: Whether the landlord will permit certain things, such as smoking, pets, home businesses, or improvements to the rental property.
  • Rules and Responsibilities: The responsibilities for the tenant and landlord, such as care and maintenance of the property, and overall expectations from both parties during the course of the lease period.
  • Other Details: Other lease details may include an option to purchase (rent-to-own), guest rules, governing law, assignment and subletting terms, safety requirements, insurance, environmental disclosures, and more.

Why should I use a Rental Agreement?

A lease agreement is beneficial for many reasons. It clarifies the obligations of both parties during a residential tenancy so each person knows what is expected of them during the rental relationship. For example, the tenant may be responsible for paying rent on the first of every month, while the landlord is expected to keep the property in good condition.

A Rental Agreement also protects both parties from future misunderstandings, such as who pays for damage to the rental property. The written lease proves both parties agreed to and acknowledged the terms within it.

Forms Related to a Rental Agreement:

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