Terms & Conditions 2015.10
Brokerage: Race Real Estate
Associate Name: Aaron Winsor
(referred in this Agreement collectively as the “Manager”)
AGENCY DISCLOSURE: The Tenant understands that the Manager is a representative of the Owner (Landlord) and NOT a representative of the Tenant. The Manager is acting in the best interests of the Landlord and may act as the Landlord as directed by the Landlord. The Manager provides some service to the Tenant in responsibility to fulfill the wishes of the Owner. The Tenant is a third party to the Manager and not a client. In the event of a dispute the Manager acts on behalf of the Owner and with the Owner’s wishes and best interest in mind.
The Tenant understands and agrees that the Tenant is neither a client nor a direct customer of the Manager and agrees not to review or comment publicly the Manager for neither positive nor negative. The Tenant understands and agrees that the Owner is the appropriate party for review of the Manager’s performance.
RENT: The Tenant shall pay the rent without demand, at the times and in the manner herein provided without deduction, abatement, or set-off. The Tenant agrees to pay the rent monthly by whatever method and to whomever the Tenant is directed to do so by the Manager. Unsecured funds are not accepted.
* $300/month discount is subject to receipt of the Tenant’s Insurance, rent being paid on or before it’s monthly due date, and all utilities and fees paid on or before their respective due dates..
INDEMNITY: The Tenant shall indemnify and save the Landlord and Manager harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord shall 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, or any 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 shall survive the termination of the Lease, anything in this lease to the contrary notwithstanding.
UTILITIES AND SERVICES: The premises requires the utilities to be paid as indicated on page one (1). “Tenant” denotes that the Tenant must pay for the specific utility and “Included” denotes that the Tenant is not responsible for paying the specific utility but rather the rent provides for it.
In the case where any utility is included and the use of the provided utility(s) and/or service(s) exceed historical averages for the unit, the tenant accepts responsibility for the additional costs to the owner or accepts an increase in the rent to allow the Landlord to recover these costs, plus back charges to the beginning of their lease, to the remainder of their lease.
If the Tenant pays the utilities the Tenant agrees to move any and all applicable utilities and services over into their name immediately and retroactively to the commencement date of this agreement and agrees not to disconnect any of the utilities until the last day of the agreement.
If a utility provider will not move a bill related to the Property due to the Tenant having a previous outstanding balance or credit issue the Tenant must rectify the issue within 3 business days of notification from either the Landlord and/or the utility provider.
IF A UTILITY IS INCLUDED IN THE RENT, ABSOLUTELY NO SUPPLEMENTARY USE IS ALLOWED WITHOUT WRITTEN PERMISSION. For example: heating of a room or garage with an electric heater, or filling a pool with water.
If the Tenant is responsible to pay their own utility and/or service the Tenant agrees that if the Owner/Manager has to pay for any bills on the Tenant’s behalf then the Tenant agrees to pay the Manager an administrative fee of $125/per month, per bill within 30 days of receipt.
MAIL: The Tenants of basement units agree to obtain their independent PO Box at the Tenant’s own cost.
Tenants agree and understand that mail and mail access is a service provided by a third party to this agreement and the owner has neither responsibility nor accountability for any issues.
PETS: Unless otherwise provided for in writing, NO ("pet") animal, bird, or reptile shall be brought in or kept upon the premises without the written consent of the Landlord. The Tenant agrees to pay a fee of $1000 per pet for pets on the premises without prior permission.
In the event that a pet is approved to live upon the premises and a pet fee is charged it is understood that the pet fee is non-refundable.
Pet excreta must be cleaned up after IMMEDIATELY.
Upon move-out the tenant agrees to complete a professional sanitization cleaning of the rental premises in case the next tenant has allergies.
SECURITY DEPOSIT: The Security Deposit is NOT the last month’s rent. The Tenant agrees to pay to the Landlord a security deposit as stated above. The Landlord may deduct from the security deposit any amount that the Landlord deems necessary to provide for, but not limited to losses, damages, unpaid fees, utilities and/or services. The tenant accepts that if they do not perform a complete move-out they are allowing the Manager to delegate the necessary tasks to make the premises acceptably re-rentable and that the Manager shall charge the tenant for the Manager’s time and expenses to complete and or delegate those tasks. The Tenant is aware that the OWNER is the holder of the Deposit, NOT the Manager personally.
NO SMOKING/Burning of Incense: The tenant or any person(s) of whom the Tenant is responsible will neither smoke nor burn incense within the Landlord's unit. If there is any smoking or burning incense in the premises the Tenant agrees that the entire premises may be cleaned and possibly painted and carpets replaced at the Tenant’s expense.
TENANT'S INSURANCE: It shall be the responsibility of the Tenant to insure the Tenant's property on the premises against damage or loss to such property occasioned by fire, theft and any other perils which cause such damage or loss as well as liability for no less than $1,000,000.00.
MAINTENANCE/EMERGENCIES: The Tenant acknowledges and agrees that the Manager and Owner are NOT responsible nor liable for delays due to lack of availability or timing of appropriate third party services. This is what Tenant’s Insurance is for.
The Tenant will make appointments or arrangements directly and personally with contractors for the purpose of maintenance - for privacy and witness to their personal property.
MAINTENANCE SERVICES: To be negotiated on a per lease basis. May include lawn care such as seeding, fertilizing, mowing and trimming. The total of which is to be paid out over the during of the lease is owed regardless of completion of the duration of the lease.
REIMBURSEMENTS/TENANT SERVICES: IF the Tenant pays a bills with regard to the property which should be included or the Tenant provides a service to the Landlord then the Tenant must have previous written permission outlining timing and budget allowances. The Tenant must provide a receipt and/or invoice BEFORE any reimbursement will be made and must allow 30 days for reimbursement for approved services.
NOTICE of NON-RENEWAL: The Residential Tenancies Act requires that the tenant provide proper notice prior to the end of their lease for non-renewal, otherwise the lease automatically renews. The Tenant agrees that for fixed term leases the Tenant will provide a minimum of one calendar month’s notice for non-renewal of an equal value lease term.
CLEANING: Regular cleaning is a subjective item so the Tenant agrees to appropriately clean every surface on a weekly basis of occupation.
CONTENTS/UNATTACHED FEATURES: The Tenant agrees to maintain and replace any moved or damaged contents in the property as they received it and agree to the inventory as shown in the pictures of the property at the time of their move-in.
CONDOMINIUMS: If the unit is in a Condominium Association the Tenant agrees abide by their by-laws and to fill out the Tenant Condo Info Form as may be required by the Condominium Association. The Tenant agrees to make themselves immediately aware of the By-laws and make contact with the Condominium Association.
PRE-AUTHORIZED DEBIT (PAD) PERMISSIONS: If Applicable to the lease: I/we authorize the Landlord and the Manager, and the financial institution designated (or any other financial institution I/We may authorize at any time) to begin deductions as per my/our instructions for monthly regular recurring payments and/or one-time payments from time to time, for payment of all charges arising under the Manager’s account(s). Regular monthly payments for the full amount of services delivered will be debited to my/our specified account on the 1st day of each month.
The Manager will obtain my/our authorization for any other one-time or sporadic debits. This authority is to remain in effect until the Manager has received written notification from me/us of its change or termination of the lease and the lease has officially expired and I/we have moved from the premises. This notification must be received at least 1 calendar month before the next debit is scheduled at the address provided below. I/We may obtain a sample cancellation form, or more information on my/our right to cancel a PAD Agreement at my/our financial institution or by visiting www.cdnpay.ca
The Manager may not assign this authorization, whether directly or indirectly, by operation of law, change of control or otherwise, without providing at least 10 days prior written notice to me/us. I/we have certain recourse rights if any debit does not comply with this agreement. For example, I/we have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this PAD Agreement. To obtain a form for a Reimbursement Claim, or for more information on my/our recourse rights, I/we may contact my/our financial institution or visit www.cdnpay.ca
Associate Name: Aaron Winsor
(referred in this Agreement collectively as the “Manager”)
AGENCY DISCLOSURE: The Tenant understands that the Manager is a representative of the Owner (Landlord) and NOT a representative of the Tenant. The Manager is acting in the best interests of the Landlord and may act as the Landlord as directed by the Landlord. The Manager provides some service to the Tenant in responsibility to fulfill the wishes of the Owner. The Tenant is a third party to the Manager and not a client. In the event of a dispute the Manager acts on behalf of the Owner and with the Owner’s wishes and best interest in mind.
The Tenant understands and agrees that the Tenant is neither a client nor a direct customer of the Manager and agrees not to review or comment publicly the Manager for neither positive nor negative. The Tenant understands and agrees that the Owner is the appropriate party for review of the Manager’s performance.
RENT: The Tenant shall pay the rent without demand, at the times and in the manner herein provided without deduction, abatement, or set-off. The Tenant agrees to pay the rent monthly by whatever method and to whomever the Tenant is directed to do so by the Manager. Unsecured funds are not accepted.
* $300/month discount is subject to receipt of the Tenant’s Insurance, rent being paid on or before it’s monthly due date, and all utilities and fees paid on or before their respective due dates..
INDEMNITY: The Tenant shall indemnify and save the Landlord and Manager harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord shall 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, or any 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 shall survive the termination of the Lease, anything in this lease to the contrary notwithstanding.
UTILITIES AND SERVICES: The premises requires the utilities to be paid as indicated on page one (1). “Tenant” denotes that the Tenant must pay for the specific utility and “Included” denotes that the Tenant is not responsible for paying the specific utility but rather the rent provides for it.
In the case where any utility is included and the use of the provided utility(s) and/or service(s) exceed historical averages for the unit, the tenant accepts responsibility for the additional costs to the owner or accepts an increase in the rent to allow the Landlord to recover these costs, plus back charges to the beginning of their lease, to the remainder of their lease.
If the Tenant pays the utilities the Tenant agrees to move any and all applicable utilities and services over into their name immediately and retroactively to the commencement date of this agreement and agrees not to disconnect any of the utilities until the last day of the agreement.
If a utility provider will not move a bill related to the Property due to the Tenant having a previous outstanding balance or credit issue the Tenant must rectify the issue within 3 business days of notification from either the Landlord and/or the utility provider.
IF A UTILITY IS INCLUDED IN THE RENT, ABSOLUTELY NO SUPPLEMENTARY USE IS ALLOWED WITHOUT WRITTEN PERMISSION. For example: heating of a room or garage with an electric heater, or filling a pool with water.
If the Tenant is responsible to pay their own utility and/or service the Tenant agrees that if the Owner/Manager has to pay for any bills on the Tenant’s behalf then the Tenant agrees to pay the Manager an administrative fee of $125/per month, per bill within 30 days of receipt.
MAIL: The Tenants of basement units agree to obtain their independent PO Box at the Tenant’s own cost.
Tenants agree and understand that mail and mail access is a service provided by a third party to this agreement and the owner has neither responsibility nor accountability for any issues.
PETS: Unless otherwise provided for in writing, NO ("pet") animal, bird, or reptile shall be brought in or kept upon the premises without the written consent of the Landlord. The Tenant agrees to pay a fee of $1000 per pet for pets on the premises without prior permission.
In the event that a pet is approved to live upon the premises and a pet fee is charged it is understood that the pet fee is non-refundable.
Pet excreta must be cleaned up after IMMEDIATELY.
Upon move-out the tenant agrees to complete a professional sanitization cleaning of the rental premises in case the next tenant has allergies.
SECURITY DEPOSIT: The Security Deposit is NOT the last month’s rent. The Tenant agrees to pay to the Landlord a security deposit as stated above. The Landlord may deduct from the security deposit any amount that the Landlord deems necessary to provide for, but not limited to losses, damages, unpaid fees, utilities and/or services. The tenant accepts that if they do not perform a complete move-out they are allowing the Manager to delegate the necessary tasks to make the premises acceptably re-rentable and that the Manager shall charge the tenant for the Manager’s time and expenses to complete and or delegate those tasks. The Tenant is aware that the OWNER is the holder of the Deposit, NOT the Manager personally.
NO SMOKING/Burning of Incense: The tenant or any person(s) of whom the Tenant is responsible will neither smoke nor burn incense within the Landlord's unit. If there is any smoking or burning incense in the premises the Tenant agrees that the entire premises may be cleaned and possibly painted and carpets replaced at the Tenant’s expense.
TENANT'S INSURANCE: It shall be the responsibility of the Tenant to insure the Tenant's property on the premises against damage or loss to such property occasioned by fire, theft and any other perils which cause such damage or loss as well as liability for no less than $1,000,000.00.
MAINTENANCE/EMERGENCIES: The Tenant acknowledges and agrees that the Manager and Owner are NOT responsible nor liable for delays due to lack of availability or timing of appropriate third party services. This is what Tenant’s Insurance is for.
The Tenant will make appointments or arrangements directly and personally with contractors for the purpose of maintenance - for privacy and witness to their personal property.
MAINTENANCE SERVICES: To be negotiated on a per lease basis. May include lawn care such as seeding, fertilizing, mowing and trimming. The total of which is to be paid out over the during of the lease is owed regardless of completion of the duration of the lease.
REIMBURSEMENTS/TENANT SERVICES: IF the Tenant pays a bills with regard to the property which should be included or the Tenant provides a service to the Landlord then the Tenant must have previous written permission outlining timing and budget allowances. The Tenant must provide a receipt and/or invoice BEFORE any reimbursement will be made and must allow 30 days for reimbursement for approved services.
NOTICE of NON-RENEWAL: The Residential Tenancies Act requires that the tenant provide proper notice prior to the end of their lease for non-renewal, otherwise the lease automatically renews. The Tenant agrees that for fixed term leases the Tenant will provide a minimum of one calendar month’s notice for non-renewal of an equal value lease term.
CLEANING: Regular cleaning is a subjective item so the Tenant agrees to appropriately clean every surface on a weekly basis of occupation.
CONTENTS/UNATTACHED FEATURES: The Tenant agrees to maintain and replace any moved or damaged contents in the property as they received it and agree to the inventory as shown in the pictures of the property at the time of their move-in.
CONDOMINIUMS: If the unit is in a Condominium Association the Tenant agrees abide by their by-laws and to fill out the Tenant Condo Info Form as may be required by the Condominium Association. The Tenant agrees to make themselves immediately aware of the By-laws and make contact with the Condominium Association.
PRE-AUTHORIZED DEBIT (PAD) PERMISSIONS: If Applicable to the lease: I/we authorize the Landlord and the Manager, and the financial institution designated (or any other financial institution I/We may authorize at any time) to begin deductions as per my/our instructions for monthly regular recurring payments and/or one-time payments from time to time, for payment of all charges arising under the Manager’s account(s). Regular monthly payments for the full amount of services delivered will be debited to my/our specified account on the 1st day of each month.
The Manager will obtain my/our authorization for any other one-time or sporadic debits. This authority is to remain in effect until the Manager has received written notification from me/us of its change or termination of the lease and the lease has officially expired and I/we have moved from the premises. This notification must be received at least 1 calendar month before the next debit is scheduled at the address provided below. I/We may obtain a sample cancellation form, or more information on my/our right to cancel a PAD Agreement at my/our financial institution or by visiting www.cdnpay.ca
The Manager may not assign this authorization, whether directly or indirectly, by operation of law, change of control or otherwise, without providing at least 10 days prior written notice to me/us. I/we have certain recourse rights if any debit does not comply with this agreement. For example, I/we have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this PAD Agreement. To obtain a form for a Reimbursement Claim, or for more information on my/our recourse rights, I/we may contact my/our financial institution or visit www.cdnpay.ca