THE TENANT HEREBY ACKNOWLEDGES HAVING READ THIS TENANCY AGREEMENT AND ACKNOWLEDGES RECEIPT OF A DUPLICATE COPY
(In this Agreement, where the word "Act" is used by itself, it means the "Residential Tenancy Act", S.B.C. 1984, chapter 15, hereinafter referred to as the "Act")
THIS TENANCY AGREEMENT made day of____________, 2003
BETWEEN M'akola Housing Society
2009 Fernwood Road
VICTORIA, BC V8T 2Y8
(hereinafter called the "Landlady")
OF THE FIRST PART
AND __________________________
(hereinafter called the "Tenant")
OF THE SECOND PART
1. Premises
The Landlady hereby lets to the Tenant and the Tenants rents from the Landlady the following residential premises (hereinafter called the "Premises") with the service noted:
Address: ______________________________________________
Vehicle Year/Make/Model: _____________________________________________
Parking Space # Storage Space #____________________________
No furnishings, equipment or utilities shall be supplied by the Landlady except those checked below, which the tenant agrees are in satisfactory condition and which the Tenant and the Tenants guests shall use carefully:
Stove [ ? ] Fridge [ ? ] Drapes [ ? ] Hot Water [ ] Heat [ ]
Carpets [ ? ] Blinds [ ? ] Washer and Dryer [ ]
2. Permitted Occupants
The Tenant covenants that the Tenant and the children listed below shall be the only occupants of the Premises during the term of this agreement unless the Landlady agrees in writing to the other persons becoming occupants. The Tenant acknowledges and agrees that this is a material covenant and that its breach will provide grounds for termination.
Full Name(s) Birthdate(s) Relationship to Tenant
____________________________ ____________ _______________________
____________________________ ____________ _______________________
____________________________ ____________ _______________________
____________________________ ____________ _______________________
____________________________ ____________ _______________________
____________________________ ____________ _______________________
3. Rental Period
Subject to the Premises being vacant and ready for occupancy, the tenancy commences ____________________ and continues on a month-to-month basis until terminated in accordance with the Act.
4. Security Deposit
The amount of the security deposit is set out in Appendix A and is payable prior to the signing of this Agreement. It is one-half of the Average Market Rent (the "AMR").
5. Rent
A) The Tenant agrees the rent for the premises is the average Market Rent, as set out in Appendix A.
B) The Landlady agrees to charge the Tenant the subsidized rent, as set out in Appendix A, based upon the Tenant's disclosure of the occupants of the Premises and their incomes. If the information given to the Landlady by the tenant is found to be false, the Tenant will be required to pay the Average Market Rent and may be subject to the termination of the Tenancy Agreement.
C) Rent is due and payable in advance on or before the 1st day of each month. Late payment is a breach of this agreement and subject to a $10.00 late rent service fee, and may result in termination of this Tenancy Agreement.
D) The parties acknowledge and agree that Appendix A may be amended or replaced from time to time without the need of the parties signing a new Tenancy Agreement.
6. Financial Declaration
The Tenant shall declare and provide proof of the financial resources of all occupants of the Premises whenever requested by the Landlady to do so, at least once a year and in the form and manner as requested. This information is required by the Landlady to receive rent subsidy assistance for the Tenant. Failure to provide this information in a form acceptable to the Landlady will result in the Tenant having to pay the Average Market Rent(AMR) as defined in, "Appendix A: Rent Calculation Form", for the Premises; failure to pay Average Market Rent is a breach of contract and grounds for immediate termination.
7. Non-Sufficient Funds
Cheques not honoured due to insufficient funds ("NSF") on deposit are subject to $10.00 service charge payable by the Tenant.
8. Use of Premesis
A) The tenant shall use the premises only as the Tenant's primary residence. Use of the premises as a secondary or additional residence is a breach of this Tenancy Agreement and is grounds for termination.
B) Tenants and guests shall use the Premises for private residential purposes only and not for any public meetings or assemblies, illegal, unlawful, commercial or business purposes.
C) The drapes, sheers and blinds supplied by the Landlady may not be removed without the Landlady's permission.
D) Alterations. The Tenant shall not make or cause any structural alterations to be made. Painting, wallpapering and decorating shall be done only with the prior written consent of the Landlady with authorized colours only. Hooks, nails, tapes or other devices for hanging pictures or plants or for fixing anything to the structure shall be of a type approved by the Landlady and shall only be used with the Landlady's prior consent. Heavy appliances or equipment of any kind may not be installed by the Tenant without written permission of the Landlady.
E) Locks. Neither the tenant nor the landlord may change or add a lock or security device (for example, a door chain) to the residential premises unless both agree, unless ordered by an arbitrator or in the case of an emergency in accordance with the Act.
F) Automobiles and other repairs shall not be done in parking areas or anywhere on the Landlady's property.
9. Additional Occupants
When a person not listed in Section 2 above resides in the Premises for a period in excess of two(2) weeks in any calendar year, that person shall be deemed to be occupying the Premises contrary to this Agreement and shall be considered a TRESPASSER. Where the tenant anticipates an additional occupant(s) in the Premises, for a period exceeding two(2) weeks, the Tenant shall promptly apply in writing for permission. Failure to apply and obtain the necessary approval of the Landlady is considered a breach of this agreement and is grounds for termination.
10. Size of Household
The Premises have been offered to the Tenant on the basis of their declared household composition. The Tenant shall advise the Landlady of any change in the occupants of the Premises. If, at any time, the new household composition differs from that specified in Section 2, the Landlady will require the Tenant to relocate to a premises of an appropriate size, or terminate this agreement.
11. Assignments or Subletting
The Tenant shall not assign or sublet the Premises.
12. Abandonment
This Tenancy Agreement is automatically terminated in the event the Tenant ever abandons the Premises. Notwithstanding any definitions of abandonment permitted by the Act, the Landlady shall be entitled to treat as abandoned any premises left vacant for more than 30 days without the written permission.
13. Pets
No pets will be allowed on the Premises.
14. Conduct
A) In order to promote the convenience, safety, welfare and comfort of other tenants in the building, the Tenant and guests shall not disturb, harass or annoy occupants of the building or neighbours, and shall not cause loud conversations, music, television or other irritating noise to disturb peaceful living conditions at any time; and shall maintain quiet between 11:00 p.m. and 9:00 a.m.
B) Any Tenant(s) who causes other occupant(s) to vacate their premises because of noise or other disturbances, harassment or annoyance shall indemnify the Landlady for any reasonable costs and losses caused thereby, and may have this Agreement terminated on short notice pursuant to the Act.
C) If the Tenant wishes to make a complaint against another tenant for breach of this section, the complaint must be made to the Landlady in writing.
D) The Landlady may terminate this Agreement if the Landlady receives three or more complaints against the Tenant under this section.
15. Condition of Premesis
The Tenant and Landlady shall inspect the Premises at the commencement of the tenancy and any defects or damages must be noted at that time. The Tenant agrees and consents to entry by the Landlady into the premises for inspection purposes from time to time. Entry is subject to the Act. The tenant agrees to leave the vacated premises in a reasonably clean condition and in the same condition as at the commencement of the tenancy, reasonable wear and tear accepted. The tenant shall be responsible for all necessary repairs to restore the Premises to their condition at the commencement of this Tenancy Agreement.
16. Repairs - Landlady
The Landlady shall not reasonably delay in causing necessary alterations or repairs and shall supply premises and services according to statutory standards. Except during repairs to the heating facilities the Landlady shall not be bound to furnish any heat. Further, the Landlady shall not be liable for indirect or consequential damages, damages for personal discomfort or illness, arising from the want of heat, hot and cold water, electricity, air conditioning, or from alterations, repairs to the Premises or services.
17. Repairs - Tenant
A) With the object of protecting the Landlady's property from abusive use, the Tenant and guests of the Tenant shall use the Premises, services, furnishings, equipment and facilities supplied by the Landlady, including common areas, prudently and carefully.
B) The Tenant shall be responsible for the costs of repairing or making good any wilful or negligent damage the Tenant has caused or permitted to be caused on, in or around the Premises and property, including: carpet, drapes, furnishings and any equipment supplied by the Landlady. The costs of unplugging of sinks, toilets, or other plumbing connected to the Premise rented herein, including any water damage, will be the responsibility of the Tenant.
C) Drapes and/or carpets are cleaned at the commencement of the tenancy, the Tenant agrees upon vacating the Premises to pay the Landlady for equivalent cleaning.
D) The Tenant shall promptly report to the Landlady any damages, unsafe condition, fault or deficiency in services, including leaking water. The Tenant shall replace and pay for any burned out fuses, batteries and light bulbs in the Premises. Upon vacating, the Tenant shall ensure all such replacements are in working order.
E) Battery operated smoke detectors are the sole responsibility of the Tenant. The Landlady will repair all other smoke detectors, but it is the responsibility of the Tenant to test the detectors on a regular basis and promptly advise the Landlady of any malfunctions.
18. Notice of Termination
If the notice of termination is given by either the Landlady or Tenant, such notice shall be in writing and be given on or before the last day of a calendar month, to take effect on the last day of the ensuing calendar month. The tenancy shall end at 1:00 p.m. in the afternoon on the day of the termination. Once notice of termination is given, the Premises may be shown to prospective tenants in accordance with the Act. The Tenant agrees to co-operate in the interests of incoming tenants.
19. Overholding
If the Tenant remains in possession of the Premises after the expiry date of the term contracted for or after other lawful termination of the tenancy, the Tenant shall be liable for damages suffered by the Landlady. The Landlady may apply for an Order of Possession or similar Order from the Court or an arbitrator and on obtaining such Order, eviction by the sheriff may follow (NOTE: You are advised that the Landlady has a civil right of action and an incoming tenant also has a civil right of action resulting from your failure to vacate the Premises as lawfully required).
20. Hazards
In the event of a fire, or water or gas escape starting in the Tenant's Premises, the Tenant shall report it without delay to the Landlady. The Tenant shall immediately warn any occupants of the building threatened by any hazard. Unless the Landlady is proven at fault, or the occurrence is an Act of God, the Tenant shall be liable to pay for all costs arising from any hazard or threat to safety, resulting from the conduct or action of the Tenant and or Tenant's guest. The Landlady shall have the right pursuant to the Act to terminate the Tenancy Agreement and may require the Tenant to vacate and deliver up possession on short notice.
21. Liability
Unless the Landlady is in breach of a lawful duty, the Tenant waives and releases the Landlady from any liability in connection with the use by the Tenant and guest(s) of the Premises, services, furnishings, equipment and facilities supplied by the Landlady, including injuries or damages caused by anything done or omitted from being done by any tenants of the Landlady. The Landlady shall exercise reasonable care and attention to prevent such injuries and damages.
22. Security
The security of the Tenant's Premises shall be the Tenant's responsibility. No lock or security service shall be installed, changed or altered and shall be made for any lock in the building, except with prior consent of the Landlady. The Tenant shall be responsible for all costs incurred to regain entry to the Premises, in the event that the Tenant is locked out. The unauthorized entry to any part of the building by illegal possession of keys or otherwise, by any person(s) shall be treated by the Landlady as an illegal act.
23. Service of Notice
Any Tenant shall accept any notice, process or document required or permitted to be given when served personally on any adult occupant of the Tenant's Premises, or served by delivering to, mailing to or posting upon that part of the Premises known as or used as the residence of said occupant, pursuant to the Act.
24. Entry
The Landlady or its authorized agent may, in case of emergency, or otherwise provided for in the Act, exercise its right to enter the Premises.
25. Storage
All personal property of the Tenant stored in the Premises, including bicycles, shall be kept in safe condition in proper storage areas and shall be at the Tenant's risk for loss, theft, damage, or liability from any cause whatsoever. No hazardous items shall be kept or stored in the Premises or on the property.
26. Firearms
Firearms shall be stored in a safe manner on the Premises. No firearms shall be stored in any vehicle on the project property. All firearms shall be kept, unloaded in secure storage where they are not accessible by children.
27. Parking
A) Parking areas are only to be occupied by operative automobiles or motorcycles, which are insured for on road driving and have current registrations and display current vehicle licenses, and valid parking stickers. All others are subject to immediate tow-away, without notice, at the owner's expense.
B) The Tenant may park only one (1) motor vehicle on the Landlady's property, and only in the parking space designated by the Landlady.
C) Guests of the Tenant are permitted to park only in areas designated for "Visitors" parking.
D) Any vehicle owned by the Tenant and parked in an area designated for guest parking will be subject to immediate tow-away, without notice, at the owner's expense.
28. Rubbish
No rubbish, boxes, or paper shall be placed or left in parking areas or other common areas of the project property, except those areas designated for garbage disposal. The disposal of furniture, beds, appliances and Christmas trees is the responsibility of the Tenant. Failure to comply with the above conditions within one (1) week of notice will result with the Landlady making arrangements for removal at the Tenant's expense.
Spillage shall be cleaned up immediately by the person responsible.
29. Outside
Rugs, mops, rags and dusters shall not be shaken out of windows, doors, or in common areas of the Premises. Nothing shall be thrown from or placed on, or hung on or affixed to the outside of windows, doors, and balconies or to the exterior parts of the buildings. Awnings, aerials and cables or wires shall not be installed.
30. Moving
The Tenant's possessions and furniture shall be moved in or out of the building in a competent manner, at the risk of the Tenant and mover. The Tenant shall be liable for any costs of moving, including any costs resulting from injury or from damage to the Tenant's possessions and furniture, and for damage to the Landlady's property and services.
31. Common Areas
The Tenant shall not abuse common areas of the building, but shall use them prudently, safely, and equitably; and shall conform to all notices, rules and regulations posted on or about the building concerning the use of common areas, including the use of laundry room, common room, parking area and storage, including restriction of their use to tenants only, and restriction on use by children. All such shall be the risk of the Tenant.
32. Water Beds
Tenants using waterbeds must carry a minimum of one hundred thousand dollar ($100,000.00) "Water Bed Liability Insurance" and provide evidence of this to the Landlady.
33. Arbitrators
In the event of a dispute arising between the parties to this Agreement, it is agreed that such dispute shall be resolved through the arbitration process provided by the Act. Notwithstanding that a dispute may be resolved by the arbitration process outlined therein, the Landlady shall always have the right to enforce its right in a court of law.
34. Contractual
It is agreed that:
A) words imparting the singular shall also mean plural, and vice versa, and words imparting a female person include a male person and vice versa; except where the context indicates otherwise;
B) The words "applicant, occupant and tenant" used in the tenant application form, the Tenancy Agreement" and in rules and regulations forming part thereof, mean all proposed and actual occupants of the premises rented, and include guests where applicable;
C) the word "Landlady" includes the owner and its authorized agents and servants where applicable, and means "Landlord" for the purposes of the Act;
D) the obligations of the Tenant shall be joint and several, if there is more than onetenant.
35. Rules and Regulations
The Tenant agrees that the Rules and Regulations delivered with this Tenancy Agreement, and such reasonable variations, modifications and additions as from time to time are made by the Landlady, and any other further reasonable rules and regulations that may be made by the Landlady and communicated to the Tenant in writing shall be observed and performed by the Tenant and the Tenant's occupants and guests and such Rules and Regulations shall be read as forming part of the terms of the Tenancy Agreement.
36. Dry Project
In the event the Premises are part of a building or project intended by the Landlady to be a "dry project", the tenant agrees not to bring any alcoholic beverages or illegal drugs onto the Premises or the building and property where they are situated, nor to allow any alcoholic beverages or illegal drugs on the Premises. A breach of this condition is grounds for notice of termination.
A breach of this Tenancy Agreement by the Tenant may give the Landlady the right to terminate the tenancy in accordance with the Act and thus regain vacant possession of the Premises.
THE TENANT HEREBY ACKNOWLEDGES HAVING READ THIS TENANCY AGREEMENT AND ACKNOWLEDGES RECEIPT OF A DUPLICATE COPY
Agreed to and signed by the Tenant(s):
Agreed to and signed by M'AKOLA HOUSING SOCIETY:
for Kevin Albers, Acting Executive Director
Note: In the event where the original tenant vacates the premises, the co-tenant must also vacate.
STATUTORY INFORMATION
A tenant has the right to quiet enjoyment and privacy, basic maintenance standards and proper notice for termination, etc. The Landlady has a right to receive the rent on due date, the right to have its premises protected from abuse, and the right to noise control, etc. These and other rights of the parties are contained in the Act. This Agreement has been made to conform to the Residential Tenancy Act. |
