This Residential Lease Agreement is used by a landlord to lease a residential property
to a tenant. This document contains the material terms of the lease agreement
including the rent amount and various tenant and landlord covenants. This document
provides standard clauses commonly used in lease agreements, but it may be
customized to ensure that the specific understandings of the parties are properly set
forth. This lease agreement is intended for use by a landlord when entering into a
residential lease but can also serve as a useful guide to tenants.
RESIDENTIAL LEASE AGREEMENT
THIS INDENTURE made in duplicate as of the ___ day of _________, 20____.
[Instruction: insert date]
B E T W E E N:
___________________________,
[Instruction: insert name of Landlord] (hereinafter called
the "Landlord"),
OF THE FIRST PART,
- and -
___________________________,
[Instruction: insert name of Tenant] (hereinafter called
the "Tenant"),
OF THE SECOND PART.
WITNESS that in consideration of the rents, covenants and agreements
hereinafter reserved and contained on the part of the Tenant, his/her heirs, executors,
administrators, successors and assigns to be paid, observed and performed, the Landlord hereby
leases unto the Tenant, his/her heirs, executors, administrators, successors and assigns for use
and occupation as residential premises and for no other purpose, all those certain premises
known municipally as _____________________ [Instruction: insert address or other
description of the Premises] (hereinafter called the "Premises") upon the following terms and
conditions:
1.0 To have and to hold the Premises for and during the term of __________ (____)
months/years [Instruction: insert number and then select appropriate period of time; e.g.,
“five (5) years”] to be computed from the ______day of ______________, 20____ [Instruction:
insert date] and ending on the _____ day of _____________, 20____, [Instruction: insert date]
(hereinafter called the "Term").
2.0 Yielding and paying therefore unto the Landlord during said Term the sum of
________________ ($__________) [Instruction: insert dollar amount] Dollars in lawful
money of United States/Canada to be payable in equal consecutive monthly instalments of
________________ ($__________) [Instruction: insert dollar amount] Dollars each payable in
advance on the ______ (___) [Instruction: insert due date] day of each and every month during
the said Term.
3.0 The Tenant covenants and agrees to deliver rental payments to the Landlord by the
date due. If rental payments are not received by the date due, a collection charge of
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________________ ($__________) [Instruction: insert dollar amount] Dollars in addition to
the monthly rent will immediately become due and payable. In addition, for each cheque not
honoured by the Bank or Trust Company upon which it is drawn, a collection charge of
________________ ($__________) [Instruction: insert dollar amount] Dollars in addition to
the monthly rent will become immediately due and payable.
4.0 The Landlord and the Tenant mutually covenant and agree that whenever notice is
required to be given by either the Landlord or the Tenant to the other, the same shall be in
writing and, except as otherwise provided, be deemed to be sufficiently given if mailed postage
prepaid and registered mail to the Tenant at the Premises and notice to the Landlord shall be
addressed to ________________ [Instruction: insert Landlord’s address for notices]. Notice
so given shall be deemed to have been received by the addressee on the fourth postal delivery
day following the date on which it is so mailed.
5.0 The Tenant covenants and agrees to pay rent, maintain the Premises in an ordinary
state of cleanliness, and repair any damage caused to the Premises by his/her wilful or negligent
conduct or that of persons who are permitted on the Premises by the Tenant. The Tenant further
covenants to leave the Premises in an ordinary state of cleanliness upon termination of this
Lease, and in the same condition as now exists, reasonable wear and tear excepted.
6.0 The Tenant covenants and agrees that it shall be his/her sole responsibility to pay for
all heat, water, gas, cable and telephone charges required for the Premises and the Tenant further
covenants and agrees to hold the Landlord harmless for all accounts aforesaid including arrears
and penalties thereof
7.0 The Tenant covenants and agrees that he/she shall promptly notify the Landlord of any
repairs required to be made by the Landlord and, subject to the applicable provisions of the Act,
the Landlord shall be permitted to enter the Premises for the purposes of viewing and making
any such necessary repairs. The Landlord shall be permitted a reasonable time within which to
make any such repairs that are necessary.
8.0 The Tenant covenants and agrees not to assign or sublet this Lease without written
permission of Landlord.
9.0 The Landlord covenants with the Tenant for quiet enjoyment.
10.0 The Tenant covenants and agrees that he/she will not at any time during the Term, use,
or permit the use of the Premises for any business or for any purpose other than as his/her own
residential Premises and will not permit a nuisance to occur with respect to the use of the
Premises.
11.0 The Tenant covenants and agrees that, in case the Premises shall be abandoned o
vacated by the Tenant, the Landlord, in addition to all other rights provided under the Act and all
other rights hereby reserved, shall have the right to enter the Premises , either by force or
otherwise, without being liable for any prosecution therefore, and to re-let the Premises and to
receive the rent therefore; PROVIDED that, if the rent hereunder is overdue and the Premises are
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vacant, it shall be presumed that the Tenants have vacated or abandoned the premise and the
Landlord shall be entitled to take immediate possession thereof. Nothing in this Lease contained
and no entry made by the Landlord hereunder shall in any way release the Tenant for payment of
the rent hereby reserved during the Term hereof beyond such sum as may be realized by the
Landlord by the re-letting hereinbefore allowed.
12.0 Comment: The above is an illegal action as Landlord cannot be an agent of the Tenant
in almost all states
13.0 The Tenant covenants and agrees that the Landlord is not in any event whatsoever
liable or responsible in any way howsoever caused for:
(a) any personal injury or death that may be sustained by the Tenant, members of
his/her family, his/her guests, visitors and invitees or any other person who may be
upon the Premises;
(b) any loss or theft of or damage or injury to any property, including motor vehicles
and the contents thereof, which may be in or about the Premises; without limiting the
generality of the foregoing, such damage shall include any damage caused to any
property situated in or about the Premises from gas, water, steam, water works, rain
or snow which may issue or flow from any part of the Premises or the Landlord's
property or from the pipes or plumbing works of the same or from any other place or
quarter;
(c) any damage caused by or attributable to the condition or arrangement of any
electrical or other wiring;
(d) any damage caused by anything done or omitted to be done by the Landlord; or
(e) any loss or spoilage of food on account of the failure or impairment of the
electrical system,
(f) and the Tenant hereby releases and forever discharges the Landlord, his/her
successors and assigns, from all and any actions, claims and demands for damages,
including exemplary or punitive damages, loss or injury, however arising, which may
hereafter be sustained by the Tenant or his/her personal property.
14.0 The Tenant further covenants and agrees to give the Landlord prompt written notice of
any accident or other defect in the water pipes or heating apparatus, telephone or electric wiring
or lighting or to any other part of the Premises of which the Tenant is aware or ought to have
been aware of by reason of his/her use and occupation of the Premises.
15.0 The Tenant covenants and agrees that he/she shall not do, nor permit anything to be
done, in the said Premises or bring or keep anything therein which will in any way increase the
risk of fire or the rate of fire insurance on the Premises or conflict with any of the rules and
ordinances of the Board of Health or with any statute or municipal by-law.
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16.0 The Tenant covenants and agrees that he/she shall be liable for any damage done by
reason of water left running from the taps in the Premises or from gas permitted to escape
therein. The Tenant further covenants and agrees that the water closets and other water
apparatus shall not be used for any purpose other than those for which they were constructed and
no sweepings, garbage, rubbish, ashes or other substances shall be thrown therein. Any damage
resulting to them from misuse or from unusual or unreasonable use shall be borne by the Tenant.
The Tenant further covenants and agrees that he/she shall be liable for any misuse of the heating,
plumbing or electrical systems situate in or on the Premises.
17.0 The Tenant and the Landlord covenant and agree that neither of them shall, during the
occupancy of the Premises by the Tenant, alter or cause to be altered the locking system of any
door giving entry to the Premises except by mutual consent. Altering the locking system
includes the installation of additional locks to any door giving entry to the Premises.
18.0 The Tenant covenants and agrees that he/she will not make or cause to be made any
alterations, additions or improvements or install or cause to be installed any fixtures without the
prior written consent of the Landlord, and any addition or improvement made or fixtures
installed with the prior written consent of the Landlord shall be of first class quality, installed at
the sole expense of the Tenant and become the property of the Landlord as part of the reversion
upon termination of this Lease.
19.0 The Tenant covenants and agrees that he/she will not, without the prior written consent
of the Landlord, which consent may be arbitrarily withheld, erect or cause to be erected on the
Premises or any part thereof any television or radio antenna or any other device or apparatus of
similar purpose. The Tenant further covenants and agrees that, if any such television or radio
antenna, device or apparatus is erected on the building with the consent of the Landlord, the
Tenant will, at his/her own expense, upon the termination of this Lease or any renewal thereof,
repair any damage done to the Premises by reason of the erection, maintenance or removal
thereof and will indemnify and save harmless the Landlord, his/her servants or agents from all
liability for damages to persons or property as a result of the erection, maintenance or removal
thereof.
20.0 The Tenant covenants and agrees that if it is his/her intention to terminate this Lease at
the end of the Term hereby created, notice of such intention shall be given in writing by the
Tenant to the Landlord not later than sixty (60) days prior to the expiration of the said Term;
PROVIDED that, if the Tenant remains in occupation of the Premises after the expiration of the
Term hereby granted without a written agreement and no such notice has been given, he/she shall
not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rent equivalent
to the monthly payment of rent herein provided for plus ________________ ($__________)
[Instruction: insert dollar amount that the monthly rent will be increased by if the Tenant
continues to occupy the Premises after the lease has expired] payable in advance, and all the
terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy.
21.0 The Tenant covenants and agrees that, upon written notice of termination of this Lease
being given, the Landlord shall have the right, at reasonable times, to enter and show the
Premises to prospective tenants and should the Landlord list the property for sale, he/she shall
have the right to erect signs to that end and thereafter, shall have the right, at reasonable times to
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enter and show the Premises to prospective purchasers; otherwise, except in cases of emergency
and except where the consent of the Tenant is given at the time of entry, the Landlord shall not
exercise a right to enter the Premises unless it has first given written notice to the Tenant at least
twenty-four (24) hours before the time of entry which shall be specified in the notice. If at any
time during the Term thereof, the Landlord wishes to show the Premises to prospective
purchasers who wish to purchase the Premises