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PROPERTY LEASE OR RENTAL AGREEMENTS

A landlord/property owner is recognized as the owner of the property to be rented or leased to another person, who is recognized as the tenant. The tenant holds the property of the landlord/property owner according to the terms of an agreement, which is an official contract between the landlord/property owner and the tenant. The landlord/property owner states, on the property lease or rental agreement, the terms and conditions for possession and use of the property by the tenant.

LEASE or RENTAL DOCUMENT

Property Lease or Rental AgreementThe lease/rental document or agreement (this link takes you to a variety of documents related to landlord/tenant transactions) can be created either by way of written or verbal agreement. In order to protect both parties, it is advisable to get a property lease or rental agreement in writing. Under the terms of the lease/rental, the landlord/property owner transfers the possession and use of the property to the tenant.

The landlord/property owner should obtain a completed rental application from the prospective tenant, which will provide pertinent information that will help determine whether or not this individual makes a suitable tenant. If the tenant is deemed suitable, a property lease or rental agreement would then be signed.

If it is a fixed term lease, the amount of the rent is fixed until the end of the term. For example, a fixed term lease for one year means that the rent cannot be changed until the year is up.

Unless the terms of the lease are broken by the tenant, the landlord/property owner cannot ask the tenant to leave until the lease has expired. If the tenant decides to move out before the lease is up, he or she will be responsible for the rent until the landlord finds a suitable tenant. On a month to month rental, a one month’s notice from either party is usually required to terminate the rental agreement.

SPECIFICS OF A RENTAL AGREEMENT

When signing a property lease or rental agreement, all services and items included in the rental should be well defined. Terms and conditions should be clearly understood between the tenant and the landlord/property owner. It must be stated in the agreement whether appliances such as washer/dryer fridge/stove etc. are supplied, and whether utilities such as heat, hot water, and garbage disposal costs are included under the rental contract. Other details such as the allowance of pets on the premises must be agreed upon and part of the contract, prior to signing a lease.

TERMINATION NOTICE

If the landlord/property owner wants to end the tenancy for any reason, a Notice of Termination of Tenancy is prepared and served on the tenant, giving one month’s notice. The major reasons for evicting a tenant are the following: the rent is in default, the tenant has misused or neglected the property, and/or the tenant has broken the terms of the agreement. Usually, the tenant is given a specified time period in which to pay the rent or move. This time period is determined either by law or by the terms of the lease.

On the other hand, the tenant wishing to leave must give the landlord/property owner one month’s notice to end the tenancy of the leased/rented premises. The law protects the tenant from being evicted from the property without just cause, and the landlord/property owner must have a cause of action to remove the tenant for just cause.

Property lease/rental document - this link will take you to a website supplying a variety of lease/rental documents.

 

Canadian Legal Documents | Legal Definitions

Power of Attorney | Business Documents | Will | Name Change
Property Lease or Rental | Bill of Sale | Loan Agreement | Family Law