RESIDENTIAL TENANCY AGREEMENT
A Residential Tenancy Agreement between:
Terry and Shannon HAWES the LANDLORD
and
the TENANT
The civic address of the place being rented to the TENANT also known as the RESIDENTIAL PREMISES in this Tenancy Agreement is:
The address for service and the telephone number of the LANDLORD or LANDLORD’s AGENT is:
Port Moody, BC
V3H 4Z6
(604) 469-5877
(604) 319-3400
(604) 328-3533
1. APPLICATION OF THE
RESIDENTIAL TENANCY ACT
a) The words TENANT and LANDLORD in this Residential Tenancy Agreement
have the same meaning as in the RESIDENTIAL
TENANCY ACT of British
Columbia (RTA), and the singular of these words includes the plural. In this
Residential Tenancy Agreement, the words RESIDENTIAL PREMISES and
RESIDENTIAL PROPERTY have the same meaning as in the RTA. The
Residential Property includes the building and land on which the Residential
Premises are located.
b) The terms and/or conditions of the Residential Tenancy Agreement and any
changes or additions to the terms and/or conditions may not contradict or change
any right or duty under the RTA or a regulation made under that Act and to the
extent that a term and/or condition of this Residential Tenancy Agreement does
contradict or change a right or duty under the RTA the term and/or condition of
this Residential Tenancy Agreement it is null and void.
c) Despite any other provision of this Residential Tenancy Agreement, under the
RTA a TENANT has the right to apply for arbitration to resolve the dispute.
2. LENGTH OF TENANCY
The Tenancy commences on for a fixed length of
time, namely WEEKS ending on
.
At the end of this fixed length of time the tenancy ends and the TENANT must move out
of the residential premises.
3. Rent
a) Payment of the Rent
The TENANT shall pay the rent of $ for each WEEK
to the LANDLORD for a total of $ .
A deposit of $ is required at the time of booking and the balance of $ is due and payable to the LANDLORD no later than 30 days prior to the scheduled commenced date noted in this Residential
Tenancy Agreement.
The TENANT must pay the rent on time per this Residential Tenancy Agreement. If payment is received late for any reason whatsoever, the LANDLORD may issue a NOTICE TO END a Residential Tenancy
Agreement to the TENANT, which may take effect not earlier than 10
days after the Notice is given.
b) The following are included in the rent:
Ø Water
Ø Electricity
Ø Natural Gas
Ø Furniture
Ø Stove/Oven
Ø Dishwasher
Ø Microwave Oven
Ø Refrigerator
Ø Freezer
Ø Bar-B-Que
Ø Satellite
Ø Washer/Dryer
Ø Linens
Ø Pots, Pans, Cutlery, Glasses, Plates, Bowls etc
Ø Garbage Collection
Ø Parking
Ø Patio Furniture
Ø Stereo/TV
Ø Computer/Printer – Internet Access
4. SECURITY DEPOSIT
a) The
TENANT has paid a security deposit
in the amount of $0.00.
b) The LANDLORD agrees:
i) to keep the security deposit during the tenancy, and
ii) to return the security deposit to the TENANT within 7 days of the end of the Residential Tenancy Agreement, unless
A) the TENANT agrees in writing to allow the LANDLORD to retain an amount as payment for unpaid rent or damage.
B) the LANDLORD has an arbitrator’s monetary order against the TENANT.
C) The LANDLORD applies for arbitration under the RTA within 15 days of the end of the Residential Tenancy Agreement to claim some or all of the security deposit.
5. RULES AND
REGULATIONS
Repairs
a) LANDLORD's
Duties
The
LANDLORD must provide and maintain
the residential premises and residential property in a reasonable state of decoration
and repair, making the residential premises and the residential property
suitable for occupation by a reasonable TENANT.
The LANDLORD must comply with
health, safety and housing standards required by law.
(b) TENANT's
Duties
The
TENANT must maintain ordinary
health, cleanliness and sanitary standards throughout the residential premises
and residential property. The TENANT
must take the necessary steps to repair damage to the residential premises and
residential property caused by a willful or negligent act or omission of the TENANT or invited guests of the
TENANT. The TENANT is not responsible for
reasonable wear and tear to the residential premises.
If
the TENANT does not comply with the
above duties, the LANDLORD may
discuss the matter with the TENANT
and may seek a monetary order through arbitration under the RTA
for the cost of repairs, serve a Notice to End Residential Tenancy, or both.
The TENANT agrees to inform the LANDLORD of any repairs required. Where
possible, this request should be in writing.
(c) Emergency Repairs
The
LANDLORD must post the name and
telephone number of the designated contact person for emergency repairs.
The
TENANT must make at least two (2)
attempts to notify the person designated by the LANDLORD, and give a reasonable time for completion of the
emergency repairs by the LANDLORD.
If
the emergency repairs are still required, the TENANT may undertake the repairs, and bill the LANDLORD for these costs, provided a statement of account and
receipts are given to the LANDLORD.
The LANDLORD may take over
completion of the emergency repairs at any time.
Emergency
repairs must be urgent and necessary for the health and safety of persons or
preservation of property and are limited to:
i)
major
leaks in the pipes or roof;
ii)
damaged
or blocked water or sewer pipes or plumbing fixtures;
iii)
repairs
to the primary heating system; and
iv)
defective
locks that give access to the residential premises.
d) Sublet
The
TENANT MAY NOT assign or
sublet the residential to another person under any circumstances.
e) Occupants and Invited
Guests
The
LANDLORD may not stop the TENANT from having guests in the
residential premises under reasonable circumstances. If the number of permanent
occupants is unreasonable, the LANDLORD
may discuss the issue with the TENANT
and may serve a Notice to End the Residential Tenancy Agreement. Disputes
regarding the Notice can be resolved through arbitration under the RTA.
The
LANDLORD may impose reasonable
restrictions on invited guests and levy extra rent charges for overnight
accommodation of invited guests.
f) 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, or unless ordered by an arbitrator. In an emergency, the LANDLORD may change the lock on the
main door of the residential property and the TENANT may change a defective lock on the residential premises and
promptly provide the other party with a copy of the new key.
g) Entry of Residential
Premises by the LANDLORD
I)
For the duration of this agreement, the residential
premises are the TENANT's home and
the TENANT is entitled to privacy,
quiet enjoyment and to exclusive use of the residential premises.
II)
The LANDLORD may enter the residential
premises only if one of the following applies:
i) the LANDLORD
gives the TENANT a written notice
which states why the LANDLORD needs
to enter the residential premises and specifies a reasonable time not sooner
than 24 hours and not later than 72 hours from the time of giving the notice;
ii) there is an emergency;
iii) the TENANT gives the LANDLORD permission to enter at the time of entry;
iv) the TENANT has abandoned the residential
premises;
v) the LANDLORD
has the order of an arbitrator or court saying the LANDLORD may enter the residential premises;
vi) the LANDLORD is providing housekeeping
and/or landscaping services at a reasonable time.
h) Ending the Tenancy
I) The TENANT may not terminate this Agreement
unless the LANDLORD is advised in
writing at least 30 Days prior to the comment date of the rental period. If the
LANDLORD is successful in renting
out the Residential Premises for that period, the TENANT shall receive a FULL refund. If the LANDLORD is not
successful, the TENANT will forfeit all deposits and security deposits as
liquated damages.
II) The LANDLORD
may end the tenancy only for the reasons and only in the manner set out in the RTA.
The LANDLORD must use the prescribed
Notice to End a Residential Tenancy form available from any Residential Tenancy
Office or Government Agent.
III) The LANDLORD
and TENANT may mutually agree in
writing to end this tenancy agreement at any time.
i) Housekeeping
Housekeeping
is provided prior to arrival and at the end of the rental period. The TENANT is responsible to clean and
maintain the Residential Premises during the term of the agreement. However,
the LANDLORD is responsible for yard
maintenance.
j) Audio, Entertainment,
Computer Systems
The
TENANT is authorized to utilize all
of the Audio, Entertainment and Computer Systems during the term of this
agreement. An inventory of all accessories including DVD’s, CD’s, computer
paper etc has been taken and any missing accessories will be deducted from the
Security Deposit of the TEANANT or
billed to the TENANT by the LANDLORD.
Please
ensure that all liquids are kept clear of the computer area. Any damage caused
to the equipment by the TENANT will
be deducted from the TENANT’s
Security Deposit or billed to the TENANT
by the LANDLORD.
k) Telephone
The
telephone situated on the Residential Premises is restricted from making
Long-Distance calls. It is available for all incoming calls and Long-distance
calls can be made by calling 1(800)646-0000 and charging the call to a calling
card.
l) Smoking
This
Residential Property is a log structure and has an extensive wood deck. Smoking
is prohibited under any circumstances inside the building. Smoking is
authorized on the deck area and a refuse bucket has been provided to place all
used smoking material. All smoking material must be extinguished by the TENANT.
The
TENANAT is completely responsible
for any and all damage caused by carelessness and/or negligence and/or gross
negligence on the part of the TENANT
and/or his/her guests co-occupants.
m) Pets
The
LANDLORD PROHIBITS the TENANT, co-occupants or guests from
bringing onto the Residential Property, pets or animals of any kind under any
circumstances.
n) Quiet Time
The
Residential Property is located in a residential area and the TENANT will
ensure that a Quiet Time of
o) Septic Tank
The
Residential Property utilizes a Septic Tank System and thus is not connected to
a sewer system. Great care must be taken to ensure all occupants and guests are
aware of this and that only toilet paper is authorized to be flushed down the
system. Other material such as Kleenex and tampons are specifically prohibited
from being put into and flushed into the septic system. This is a
non-exhaustive list of prohibited material.
When
utilizing the Washing Machine, care must be taken to use a reasonable amount of
soap.
The
Kitchen sink IS NOT equipped with a garburator.
Absolutely no material or food particle is to be disposed of or put down the
drains in the Kitchen sink or any other sink, bath tub or shower under any
circumstances.
The
TENANAT is completely responsible
for any and all damage caused by carelessness and/or negligence and/or gross
negligence on the part of the TENANT
and/or his/her guests co-occupants.
p) Theft
The
LANDLORD is not responsible in any
manner for loss and/or damage of property of the TENANT left inside the building or on the Residential Property
during, before or after their rental term.
q) Check-In/Out Time
The
TENANT must vacate the Residential
Property no later than
IN WITNES WHEREOF the LANDLORD
has executed this Residential Tenancy Agreement in the City of
TERRY and SHANNON HAWES
Per:
_______________________________________
Terry Hawes
Per:
_______________________________________
IN WITNES WHEREOF the TENANT
has executed this Residential Tenancy Agreement in the City of
__________________________, in the Province of ______________________ this
______day of ______________________ , 200__
Per:
_______________________________________
Per:
_______________________________________