Room Lease Agreement (Canada)

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There are many situations where an individual will rent a room from an owner of a residence. It is important that the landlord (the owner of the residence) have a written agreement with the tenant. This Room Lease Agreement sets forth the terms of the arrangement including the amount of rent, the rental terms and the rights and obligations of both the landlord and the tenant. In the event of disagreements or litigation, a written Room Lease Agreement will prove invaluable.

Among others, this form includes the following provisions:
  • Leased Premises and Lease Term: Describes where room is located and the term of the lease
  • Use of Premises: How the premises are to be used along with prohibited uses
  • Rent Payments and Late Charges: Amount of the rent, manner and timing of rental payments and penalties for late payments or insufficient funds
  • Security Deposit: Amount of the security deposit and return of the deposit
  • Defaults: How defaults are handled and remedies available
  • Assignment and Subletting: Sets forth the conditions under which the tenant may assign or sublet the room
  • Utilities and Pets: Who is responsible for utilities and whether pets are allowed
  • Insurance: The insurance requirements of both parties
This lawyer-prepared packet includes:
  1. Instructions and Checklist
  2. General Information
  3. Room Lease Agreement designed for use in Canada
Law Compliance: This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon
Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#34131
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.













Room Lease Agreement
Unfurnished
(Canada)







This Packet Includes:
1. Instructions and Checklist
2. General Information
3. Room Lease Agreement - Unfurnished





Instructions and Checklist
Room Lease Agreement - Unfurnished

   Both parties should carefully review the Lease.

   The Landlord must sign the Lease.

   The Tenant(s) must sign the Lease.  If there is more than one adult Tenant, each Tenant should sign the Lease.

   Generally, the Landlord and the Tenant(s) will each retain an original signed Lease. Therefore, if there is one Landlord and two Tenants, three original leases must be executed (i.e., signed and dated).

   The Landlord and Tenant(s) may conduct an inspection of the premises to be rented, either before physical occupancy of the property by the Tenant(s) or before the Lease is signed by either party. It is a good idea to conduct a joint inspection for the protection of both parties.

   These forms contain the basic terms and language that should be included in lease agreements for unfurnished rooms. You should consult with a real estate agent or lawyer in your area to determine what additional disclosures, if any, are required in your province or locality.  Even if these disclosures are not required by law, a Tenant may still request that they be made, and may negotiate to make them part of his agreement.

   Laws vary from time to time and from province to province. These forms are not a substitute for legal advice. These forms should be considered only a starting point, and should not be used or signed before first consulting with a lawyer to ensure that they address your particular situation. A lawyer should be consulted before negotiating any document with another party.

   The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found at www.findlegalforms.com .





General Information
Room Lease Agreement - Unfurnished

Whenever a landlord (in this case, the owner of the residence you will be renting a room in) rents a room to a tenant, an agreement should be written and signed by both landlord and tenant and should set forth the terms to which the parties have agreed. Such a document is generally called a lease or rental agreement.  

The landlord and tenant should conduct an inspection of the premises to be rented either before physical occupancy of the property by the tenant or before the lease is signed by either party. It is a good idea to complete an inspection for the protection of both parties: a joint inspection can help the landlord justify any security deposit deductions, if warranted, or can demonstrate that certain property damage predated the tenants occupancy.

All provinces have specific laws relating to residential leases, primarily directed at protecting tenants from dishonest landlords. In addition, provincial laws have detailed laws addressing the amount and maintenance of security deposits. For example, some provinces require that a security deposit be held in an interest bearing account and that any accrued interest be given to the tenant at the termination of the lease. Provinces also vary in regulating how quickly a landlord must return a security deposit to a tenant (e.g., within 30 days after the termination of the lease). Landlords should be familiar with the laws of their province.

If more than one tenant signs the lease, each tenant may be held responsible for all of the obligations under the lease if the other tenants dont perform their obligations.  In other words, a tenant may be held responsible for the entire rental amount if his co-tenants do not pay their share.










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ROOM LEASE AGREEMENT


This Lease Agreement (“Lease”) is entered by and between _____________________________ (“Landlord”) and _____________________ _________________________________________ (“Tenant”) on ____________, 20___. Landlord and Tenant may collectively be referred to as the “Parties.” This Lease creates joint and several liability in the case of multiple Tenants.

W I T N E S S E T H:

            That in consideration of the mutual agreements herein contained, Landlord and Tenant hereby agree and covenant to and with each other as follows:


1.   Leased Premises; Term of Lease; etc.

1.1   Leased Premises.   Landlord leases to Tenant, and Tenant rents from Landlord, the room located in the residence at: _______________________________________________ ___________________________________________(the “Room”) and shared use of the following common areas within the residence: ________________________________________
_____________________________________________(the “Common Areas”) (collectively, the “Premises”).

   1.2   Original Term.  This Lease shall commence on _____________ and, unless sooner terminated pursuant to law or pursuant to any of the terms hereof, shall expire on ___________  (the “Lease Term”).

1.3   Use of Premises.  Tenant shall use the Premises as a residence only, and for no other purpose. The Premises shall not be used to carry on any type of business or trade, unless Tenant has received the prior written consent of the Landlord.  Tenant will comply with all laws, rules, ordinances, statutes and orders regarding the use of the Premises.

2.   Rent Payments; Late Fees.

2.1   Rent.  Tenant shall pay to Landlord during the Lease Term as rent for the Premises the amount of CAD_________ (___________________ Canadian Dollars) (“Rent”) each month in advance on the first day of each month.  If the Lease Term does not start on the first day of the month or end on the last day of a month, the Rent for the relevant month will be prorated accordingly.

2.2   Manner of Payment.  The Rent, and all other sums payable by Tenant to Landlord under this Lease, shall be payable in lawful money of Canada and shall be paid to Landlord at the Premises or such other place as designated by the Landlord.

2.3   Late Fees.  If any amounts due under the Lease are more than _____ days late, Tenant agrees to pay a late fee of CAD________.

2.4   Insufficient Funds. Tenant agrees to pay the charge of CAD_____ for each check provided by Tenant to Landlord that is returned to Landlord for lack of sufficient funds.

3.     Security Deposit.

3.1   Security Deposit. On execution of this Lease, Tenant shall deposit with Landlord, in trust, a security deposit of CAD__________ (the “Deposit”), as security for the performance of Tenants obligations under this Lease.  Landlord may (but shall have no obligation to) use the Deposit or any part thereof to cure any breach or default of Tenant under this Lease, or to compensate Landlord for any damage as it incurs as a result of Tenants failure to perform any of Tenants obligations hereunder.  Landlord is not limited to the Deposit to recoup damage costs, and Tenant remains liable for any balance. Tenant shall not apply or deduct any portion of the Deposit from any months rent, including the last month of the rental term. Tenant shall not use or apply the Deposit in lieu of payment of Rent. If Tenant breaches any terms or conditions of this Lease, Tenant shall forfeit the Deposit, as permitted by law.

3.2   Return of Deposit.  In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Deposit shall be returned to Tenant after the date fixed as the end of the Lease and after delivery of entire possession of the Premises to Landlord.

4.     Default.

4.1   Event of Default.  If Tenant defaults in fulfilling any of the covenants of this Lease, Tenant shall be in default of this Lease.  Then, in any one or more of such events, subject to any statute, ordinance or law to the contrary, and upon Landlord serving a written seven (7) days notice upon Tenant specifying the nature of said default and upon the expiration of said seven (7) days, if Tenant does not cure a default of which he has been notified, or if the default cannot be completely cured or remedied in seven days, Landlord may at Landlords option: (i) cure such default and add the cost of such cure to Tenants financial obligations under the Lease; or (ii) declare Tenant in default and terminate the Lease.  

4.2   Physical Remedies.  If the notice provided for in Section 4.1 has been given, and the notice period shall expire as noted, or if Tenant shall make default in the payment of Rent, then Landlord may without notice, as permitted by law, re-enter the Premises either by force or otherwise, dispossess Tenant by summary proceedings or otherwise, and retake possession of the Premises.  Tenant hereby waives the service of notice of intention to re-enter or institute legal proceedings to that end.  

4.3   Financial Remedies.  In the event of any default, re-entry, expiration and/or dispossession by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of such re-entry, dispossession or expiration, together with such expenses Landlord may incur for legal expenses, lawyers fees, brokerage, and/or putting the Premises in good order; (ii) Landlord may re-let the Premises; and/or (iii) Tenant shall also pay Landlord liquidated damages for his failure to observe and perform the covenants in this Lease.  Landlord may, at his sole option, hold Tenant liable for any difference between the Rent payable under this Lease during the balance of the Lease Term, and any rent paid by a successive Tenant if the Premises are re-let.  In the event that after default by Tenant Landlord is unable to re-let the Premises during any remaining term of this Lease , Landlord may at his option hold Tenant liable for the balance of the unpaid Rent under the Lease for the remainder of the Lease Term.
 
5.   Assignment and Subletting.  Tenant expressly covenants that it shall not assign or sublease any interest in this Lease without prior written consent of the Landlord. Any assignment or sublease without Landlords written prior consent shall, at Landlords option, terminate this Lease.  No assignment, underletting, occupancy or collection shall be deemed a waiver of the provisions of this Lease, the acceptance of the assignee, undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant in this Lease.

6.   Utilities and Services.  (check the appropriate box)

q Tenant will be responsible for ________% of the following home utilities:
   __________________________________________________________________
   __________________________________________________________________
   ________________________________________________ (the “Utilities”).  Any
other utilities or services not otherwise provided by Landlord are the sole responsibility of Tenant.

Payment for Tenants portion of the Utilities shall be made by Tenant to Landlord within _______ days of receiving an invoice from Landlord.

q Landlord will provide the following the utilities for no additional charge:
   __________________________________________________________________
   __________________________________________________________________
   ________________________________________________ (the “Utilities”).  Any
   other utilities or services are the sole responsibility of Tenant.

7.   Pets.  Tenant is not permitted to keep any pets on the Premises without the prior written consent of Landlord.  

8.   Dangerous Materials.  Tenant shall not keep or have on or around the Premises any item of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or explosion on or around the Premises or that might be considered hazardous by any responsible insurance company.

9.   Alterations and Improvements.  Tenant agrees not to make any improvements or alterations to the Premises without the prior written consent of Landlord.

10.   Maintenance and Inspection. Tenant will keep and maintain the Room in good, clean and sanitary condition during the term of this Lease and any renewal thereof. Tenant agrees that the Room will not be painted without the prior written consent of Landlord.  After providing Tenant with adequate notice, Landlord will have the right to enter the Room for the purpose of inspecting the Room and for the purposes of making any repairs or alterations as may be deemed appropriate by Landlord for the preservation of the Room or the Premises.  At all times Landlord shall be provided with a key or keys capable of unlocking all locks and permitting entry.
 
11.   Damage to Premises.  In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake or other casualty not caused by the negligence of Tenant, this Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.  The Rent provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying Rent up to such date and Landlord refunding Rent collected beyond such date. 

12.   Abandonment.  If at any time during the term of this Lease, Tenant abandons the Premises, Landlord may at his option obtain possession of the Premises by any legal means without liability to Tenant and may, at Landlords option, terminate the Lease. Abandonment is defined as absence of the Tenant from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the Rent is outstanding for more than 15 days and there is no reasonable evidence, other than the presence of Tenants personal property, that Tenant is occupying the unit, Landlord may at Landlords option terminate this Lease and regain possession of the Premises in the manner prescribed by law. If Landlord's right of re-entry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.

13.   Insurance.  Landlord and Tenant shall each be responsible for maintaining appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant understands that Landlord will not provide any insurance coverage for Tenants property.  Landlord will not be responsible for any loss of Tenants property, whether by theft, fire, riots, strikes, acts of God or otherwise. Landlord encourages Tenant to obtain renters insurance or other similar coverage to protect against risk of loss.

14.   Miscellaneous Provisions.

14.1   No Other Representations.  Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant, in executing and delivering this Lease, is not relying upon, any warranties, representations, promises or statements, except to the extent that they are expressly set forth in this Lease.  It is understood and agreed that all understandings and agreements heretofore had between the parties are merged into this Lease, which alone fully and completely expresses their agreements.

   14.2   Construction and Severability.  If any of the provisions of this Lease, or the application thereof to any person or circumstances, shall, to any extent, be held invalid or unenforceable for any reason, the remainder of this Lease, or the application of such provision or provisions to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and every provision of this lease shall be valid and enforceable to the fullest extent permitted by law.  If any provision of this Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

14.3   Governing Law.  This Lease shall be governed in all respects by, and construed in accordance, with the laws of the State of _________________________________.

14.4   Binding Effect.  The covenants and conditions contained in the Lease shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.  

14.5   Entire Agreement.  This Lease contains all of the understandings relating to the leasing of the Premises and the Landlords obligations in connection therewith and neither the Landlord nor any agent or representative of the Landlord has made or is making, and the Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements whatsoever, except to the extent expressly set forth in this Lease. All understandings and agreements, if any, heretofore had between the parties are merged in this Lease, which alone fully and completely expresses the agreement of the parties.  This Lease may be modified in writing and must be signed by both Landlord and Tenant.

14.6   No Waiver.  The failure of either party to insist in any instance upon the strict keeping, observance or performance of any provision of this Lease or to exercise any election in this Lease shall not be construed as a waiver or relinquishment for the future of such provision, but the same shall continue and remain in full force and effect. No waiver or modification by either party of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the party to be charged. The receipt and retention by the Landlord of Rent with knowledge of the breach of any provision of this Lease shall not be deemed a waiver of such breach.

14.7   Cumulative Rights.  Landlords and Tenants rights under this Lease are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

14.8   Indemnification.  To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlords property, including the Premises, free and harmless from any and all liability for loss, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenants use and occupation of the Premises, or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenants express or implied consent, except Landlords act or negligence.

14.9   Legal Fees.  In the event of any legal action by the parties arising out of this Lease, the losing party shall pay the prevailing partys reasonable attorneys fees and costs in addition, to all other awarded relief.

14.10   Keys.  Tenant will be given ___ key(s) to the Premises, entrance doors and ____ mailbox key(s). Tenant shall be charged CAD_________ if all keys are not returned to Landlord following termination of the Lease.

ADDITIONAL TERMS AND CONDITIONS.  (check all that apply):

q  NOISE. Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons living in the Premises.  No visiting will be allowed in the common areas between the hours of ________p.m. and _____a.m.  

q  PARKING. Tenant shall be entitled to use _____ parking space(s) for the parking of motor vehicle(s) located _______________________________________________________.  The parking space will be used exclusively for the parking of passenger vehicles and is not to be used for washing, painting or servicing of vehicles. Tenants vehicle will occupy the parking space entirely at the risk of Tenant.  If Tenant shall dispose of his vehicle or not require parking accommodation for any other reason, Tenant shall not assign or sublet the parking space unless expressly granted prior permission by Landlord.

q   ADDITIONAL PROVISIONS. 











IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written.

LANDLORD:

___________________________________________________
___________________________________
[Name]


TENANT:
____________________________________________________
___________________________________
[Name]


TENANT:
____________________________________________________
___________________________________
[Name]



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