Terms & Conditions version 2019.7
Inclusive of terms 2018.10, 2016.2 and 2015.10 plus these additions and/or amendments:
Lease assumption: when a Tenant wishes to have someone assume their lease the Tenant agrees to handle advertising AND showings on their own time. The Landlord will cooperate with applicants and some advertising as well.
Rentals within Condominiumized properties: The Tenant agrees to obtain and follow all Bylaws. The Tenant agrees to contact the Condo Manager for all building related maintenance issues. The Tenant agrees to contact the Condo Manager before any moving activities to ensure compliance.
Municipal or Condo Bills/Fees: In the situation where a tenant is to pay a bill but the municipality or other governing body requires the bills be left in the owners name the Tenant will pro-actively ensure that they are aware of when a bill is due and to pay said bill on or before it's due date. If there are late the tenant will pay all late fees plus the Manager's fee to the owner for $150. Failure to do this promptly will result in eviction.
Duration of Unoccupied Premises: the Tenant must inform the Landlord if the property will be vacant for any more than 48 hours at a time. During that time the Tenant must turn off the water main to the property to reduce risk of unattended flooding AND the tenant must arrange for someone to check the property every 48 hours. If the Tenant cannot make this arrangement the Tenant can pay the manager or a third party maintenance inspection service to do it for them.
Lawn Care: Although previously specified that the grass cannot exceed 6" the Tenant must also have grass cut within 48 hours of reaching 6" or the most recent rainfall. If it weather forecast indicates rain is occurring in the next 48 hours and the grass in shorter than 6" but longer than 4" then the Tenant will cut the grass before the rainfall.
Snowfall: the Tenant agrees to remove snow within 24 hours of a snowfall or sooner if the Municipal Bylaws require.
Insurance Disputes: If the property receives accidental damage and becomes partially and/or temporarily unusable the Tenant agrees to pay full rent at all times and the Tenant will ask for loss of use compensation from their own insurance and not the Owners. If the Owners insurance will cover lost rents then rent is still due in full until the insurance reimburses the Tenant or the Owner for the insurance covered loss.
Reminder: Reviews and Complaints vs Defamation: To be fair, tenants agree to neither review us for good nor ill.U The Tenant is allowed to complain about the manager or the owner but only to the manager. The Manager works on behalf of the owner and is legally required to do certain things and cannot do other things without appropriate permission from the owner. As such a tenant expressing personal performance statements about the manager or management company are considered defamation and not complaints. Doing so can lead to prosecution of the tenant.
Windows: Crank style windows are not to be left open except in calm wind. If a crank style window is broken by wind when left open by a tenant the tenant shall replace it. No windows are to be left open below 10 degrees Celsius or if weather indicates any form of precipitation. Any and all water damage caused by weather entering through an open window will be paid by the Tenant.
Self-serve Troubleshooting: The Tenant will make reasonable attempts to troubleshoot any issues on their own without making a maintenance request. The Tenant will look online for video tutorials and manufacturer manuals first for all things. If the Tenant does not want to do it themselves they can pay a maintenance service provider to do it for the Tenant at the Tenants cost. Examples include operation of all appliances and unplugging toilets or sinks.
Use of Garburators: 1 min of water must be run before and after use of a garburator. Do NOT put other pipe sticking items in the garburator such as coffee grounds, flour/dough or non-immediate-water-degrading materials.
Use of Dwello: the Tenant agrees that if they use Dwello they will turn on and turn off the auto-debit function on their own. Changes must be made on or before the 25th of a month for the following month.
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.
Lease assumption: when a Tenant wishes to have someone assume their lease the Tenant agrees to handle advertising AND showings on their own time. The Landlord will cooperate with applicants and some advertising as well.
Rentals within Condominiumized properties: The Tenant agrees to obtain and follow all Bylaws. The Tenant agrees to contact the Condo Manager for all building related maintenance issues. The Tenant agrees to contact the Condo Manager before any moving activities to ensure compliance.
Municipal or Condo Bills/Fees: In the situation where a tenant is to pay a bill but the municipality or other governing body requires the bills be left in the owners name the Tenant will pro-actively ensure that they are aware of when a bill is due and to pay said bill on or before it's due date. If there are late the tenant will pay all late fees plus the Manager's fee to the owner for $150. Failure to do this promptly will result in eviction.
Duration of Unoccupied Premises: the Tenant must inform the Landlord if the property will be vacant for any more than 48 hours at a time. During that time the Tenant must turn off the water main to the property to reduce risk of unattended flooding AND the tenant must arrange for someone to check the property every 48 hours. If the Tenant cannot make this arrangement the Tenant can pay the manager or a third party maintenance inspection service to do it for them.
Lawn Care: Although previously specified that the grass cannot exceed 6" the Tenant must also have grass cut within 48 hours of reaching 6" or the most recent rainfall. If it weather forecast indicates rain is occurring in the next 48 hours and the grass in shorter than 6" but longer than 4" then the Tenant will cut the grass before the rainfall.
Snowfall: the Tenant agrees to remove snow within 24 hours of a snowfall or sooner if the Municipal Bylaws require.
Insurance Disputes: If the property receives accidental damage and becomes partially and/or temporarily unusable the Tenant agrees to pay full rent at all times and the Tenant will ask for loss of use compensation from their own insurance and not the Owners. If the Owners insurance will cover lost rents then rent is still due in full until the insurance reimburses the Tenant or the Owner for the insurance covered loss.
Reminder: Reviews and Complaints vs Defamation: To be fair, tenants agree to neither review us for good nor ill.U The Tenant is allowed to complain about the manager or the owner but only to the manager. The Manager works on behalf of the owner and is legally required to do certain things and cannot do other things without appropriate permission from the owner. As such a tenant expressing personal performance statements about the manager or management company are considered defamation and not complaints. Doing so can lead to prosecution of the tenant.
Windows: Crank style windows are not to be left open except in calm wind. If a crank style window is broken by wind when left open by a tenant the tenant shall replace it. No windows are to be left open below 10 degrees Celsius or if weather indicates any form of precipitation. Any and all water damage caused by weather entering through an open window will be paid by the Tenant.
Self-serve Troubleshooting: The Tenant will make reasonable attempts to troubleshoot any issues on their own without making a maintenance request. The Tenant will look online for video tutorials and manufacturer manuals first for all things. If the Tenant does not want to do it themselves they can pay a maintenance service provider to do it for the Tenant at the Tenants cost. Examples include operation of all appliances and unplugging toilets or sinks.
Use of Garburators: 1 min of water must be run before and after use of a garburator. Do NOT put other pipe sticking items in the garburator such as coffee grounds, flour/dough or non-immediate-water-degrading materials.
Use of Dwello: the Tenant agrees that if they use Dwello they will turn on and turn off the auto-debit function on their own. Changes must be made on or before the 25th of a month for the following month.
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.