Agreement Page 4

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The Rental Agreement: Part Four

Section By Section

The following is for information only and should not be taken as law.
Please refer to the appropriate jurisdiction in your area.

Most important to a Rental or Lease Agreement is that:-

 – IT IS IN WRITING! –

Regardless of what the renter, landlord or agent infers, implies or says, it ain't so unless it is in writing; signed, sealed and delivered. Hand shake agreements are only for honest people and crooks.

Ending The Tenancy

31. 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 April30th.]

Possibly the most violated clause of the rental agreement is the obligation of the tenant to give notice prior to the end of the month for the last day of the following month. Does the landlord have to accept a notice given on the first day of the month? How does the landlord enforce the rule? The tenant is going to move regardless. Does the landlord not rent the unit for the 1st of the next month and hope to collect from the departing tenant? Good Luck!

32. This notice must be in writing and must

1. include the address of the rental unit,
2. include the date the tenancy is to end,
3. be signed and dated by the tenant, and
4. 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.

33. 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.
34. 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.
35. The landlord and tenant may mutually agree in writing to end this tenancy agreement at any time.
36. The tenant must vacate the residential property by 1 p.m. on the day the tenancy ends, unless the landlord and tenant otherwise agree.

Landlord To Give Tenancy Agreement To Tenant

37. The landlord must give the tenant a copy of this agreement promptly, and in any event within 21 days of entering into the agreement.

Arbitration Of Disputes

38. Either the tenant or the landlord has the right to apply for arbitration to resolve a dispute, as provided under the Residential Tenancy Act.

Additional Terms

Write down any additional terms which the tenant and the landlord agree to. Additional terms may cover matters such as pets, yard work, smoking and snow removal. Additional pages may be added.

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, and is not an Addendum

Attached to this tenancy agreement, there is ___ there is not ___ an Addendum attached,

provide the following information on the Addendum that forms part of this tenancy agreement:

Number of pages of the Addendum:____

Number of additional terms in the Addendum:____

By signing this tenancy agreement, the landlord and the tenant are bound by its terms.

LANDLORD(S):

last name_____________ first and middle name(s)_____________

Signature:_____________ Date:_____________

TENANT(S):

last name_____________ first and middle name(s)_____________

Signature:_____________ Date:_____________

last name_____________ first and middle name(s)_____________

Signature:_____________ Date:_____________