Free Residential Lease Agreement

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Residential Lease Agreement

Landlord Information


Landlord Information

Who owns the rental property?

Landlord

Individual
Corporation

e.g. Jamie Taylor Li



How can the landlord be contacted?
Street, City, Province, Postal Code


(optional)



Frequently Asked Questions
Provide the corporation's name as registered under the Corporations Act.


Your Residential Lease Agreement

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RESIDENTIAL LEASE AGREEMENT

THIS LEASE (the "Lease") dated this ________ day of ________________, ________

BETWEEN:

_________________________

(the "Landlord")

- AND-

_________________________

(the "Tenant")

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

  1. Leased Property
  2. The Landlord agrees to rent to the Tenant the house, municipally described as __________ (the "Property"), for use as residential premises only.  
  3. Subject to the provisions of this Lease, apart from the Tenant, no other persons will live in the Property without the prior written permission of the Landlord.
  4. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  5. No animals are allowed to be kept in or about the Property.
  6. Parking space is not provided under the terms of this Lease and no vehicle may park on or about the Property.
  7. The Tenant and members of the Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property.
  8. The Tenant and members of the Tenant's household will not vape anywhere in the Property nor permit any guests or visitors to vape in the Property.
  9. Term
  10. The term of the Lease commences at 12:00 noon on February 25, 2024, and ends at 12:00 noon on February 25, 2025.
  11. Any notice to terminate this tenancy must comply with the applicable legislation of the Province of Alberta (the "Act").
  12. Rent
  13. Subject to the provisions of this Lease, the rent for the Property is $___________ per month (the "Rent").
  14. The Tenant will pay the Rent on or before the first (1st) day of each and every month of the term of this Lease to the Landlord at __________ or at such other place as the Landlord may later designate by cash or cheque.
  15. The Landlord may increase the Rent for the Property upon providing to the Tenant such notice as required by the Act.
  16. Inspections
  17. The Parties will complete, sign and date an inspection report at the beginning and at the end of this tenancy.
  18. At all reasonable times during the term of this Lease and any renewal of this Lease, the Landlord and its agents may enter the Property to make inspections or repairs, or to show the Property to prospective tenants or purchasers in compliance with the Act.
  19. Tenant Improvements
  20. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  21. Utilities and Other Charges
  22. The Tenant is responsible for the payment of all utilities in relation to the Property.
  23. Insurance
  24. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  25. The Tenant is not responsible for insuring the Landlord's contents and furnishings in or about the Property for either damage or loss, and the Tenant assumes no liability for any such loss.
  26. Attorney Fees
  27. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
  28. Governing Law
  29. This Lease will be construed in accordance with and exclusively governed by the laws of the Province of Alberta.
  30. Severability
  31. If there is a conflict between any provision of this Lease and the Act, the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
  32. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.
  33. Amendment of Lease
  34. This Lease may only be amended or modified by a written document executed by the Parties.
  35. Assignment and Subletting
  36. Without the prior, express, and written consent of the Landlord, the Tenant will not assign this Lease, or sublet or grant any concession or licence to use the Property or any part of the Property. A consent by the Landlord to one assignment, subletting, concession, or licence will not be deemed to be a consent to any subsequent assignment, subletting, concession, or licence. Any assignment, subletting, concession, or licence without the prior written consent of the Landlord, or an assignment or subletting by operation of law, will be void and will, at the Landlord's option, terminate this Lease.
  37. Damage to Property
  38. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.
  39. Care and Use of Property
  40. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  41. The Tenant will not engage in any illegal trade or activity on or about the Property.
  42. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  43. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  44. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.
  45. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
  46. Rules and Regulations
  47. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  48. Address for Notice
  49. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below:
    1. Name: _________________________
    2. Phone:  _________________________
  50. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _________________________
    2. Address: __________

      The contact information for the Landlord is:

    3. Phone:  _________________________
  51. General Provisions
  52. All monetary amounts stated or referred to in this Lease are based in the Canadian dollar.
  53. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  54. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  55. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  56. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
  57. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  58. The Tenant will be charged an additional amount of $__________ for each N.S.F. cheque or cheques returned by the Tenant's financial institution.
  59. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  60. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  61. This Lease constitutes the entire agreement between the Parties.
  62. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.
  63. Time is of the essence in this Lease.

IN WITNESS WHEREOF _________________________ and _________________________ have duly affixed their signatures on this ________ day of ________________, ________.

 

_______________________________
______________________(Landlord)

 

_______________________________
______________________(Tenant)

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

 

_______________________________
______________________(Tenant)

Last Updated February 1, 2024

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What is a Residential Tenancy Agreement?

A Residential Tenancy Agreement, also known as a Residential Lease Agreement, is a contract that outlines the rights and responsibilities of a landlord and their tenant(s). In other words, it sets out the terms of a residential tenancy.

You may use this agreement when renting a residential space, such as a room, house, apartment, condo, basement suite, duplex, mobile home, or townhome. If you are renting a business property, use a Commercial Lease Agreement instead.

Our template allows you to customize a lease to your specific rental situation, whether it be yearly, month-to-month, or something more uncommon.

A Residential Tenancy Agreement can also be referred to as a:

  • Rental lease agreement
  • Leasing agreement
  • Rental contract
  • Lease

Note, you can use our template for residential tenancies within all Canadian provinces and territories, excluding Québec. Residential tenancies in Québec are legally mandated to use the official lease form (formulaire de bail de la Régie du logement) from the Tribunal administratif du logement.

Benefits of using a Residential Tenancy Agreement

Despite not usually being a legal requirement, using a Residential Tenancy Agreement can be beneficial for many reasons, such as the following:

  1. It provides clarity and prevents disputes: Using a lease clarifies the landlord and tenant’s obligations. When there is an issue, such as a repair, you can prevent a dispute and determine responsibility by referencing the agreement.
  2. It proves each party agreed to the terms: With a signed agreement, you and the other party are bound to your obligations. Your signatures prove both of you agreed to and acknowledged the terms of the agreement.
  3. It legally protects landlords and tenants: A properly executed lease safeguards both landlords and tenants. If you end up in a legal dispute, the written lease may help you prove your case.

Relying on a verbal contract is insufficient. When landlords and tenants rely on a verbal agreement only, they may remember the original details of the arrangement differently and disagree about things like renewal terms. Also, some provinces and scenarios require a written contract.

The best way to lower risk and prevent disputes is by creating a Residential Tenancy Agreement so you have a written document that you can reference.

Who should use a Residential Tenancy Agreement?

Any person renting residential property to or from someone else needs a Residential Tenancy Agreement. For example, the following individuals or organizations will find this document useful:

  • Homeowners looking for a temporary tenant
  • Individuals who own a rental property
  • Tenants moving into a new place
  • Property managers and tenant placement services
  • Landlords renting a home to family or friends
  • Individuals who want to rent with an option to purchase

What is included in a Residential Tenancy Agreement?

A standard Residential Tenancy Agreement should include the following things:

  • Landlord and tenant details, including names and contact information
  • Property details, such as the address
  • Lease specifics, such as the term and start date
  • Rent payment details, such as the amount, frequency, due dates, late fees, and acceptable forms of payment
  • Security deposit information, such as the amount and rules for returning the deposit
  • Utility information, such as whether they are included in the rent
  • Rights and obligations for the landlord and tenant

A standard lease can also specify whether a tenant will have access to parking or early possession and can outline rules for a tenant regarding smoking, pets, maintenance, and insurance.

It can outline rules for a landlord regarding increasing rent, entering the property, terminating the lease, and completing inspection reports.

Our template allows you to create a more comprehensive Residential Tenancy Agreement which includes additional clauses regarding:

  • Tenants operating a home business
  • Tenants having a guarantor
  • Landlords providing a furnished rental property
  • Landlords using a property manager

Can you change or update a Residential Tenancy Agreement?

Yes, after you’ve created and signed a Residential Tenancy Agreement, you can amend it with a Lease Addendum. It allows a landlord and tenant to make changes instead of having to create an entirely new lease.

How do I get out of a Residential Tenancy Agreement early?

Generally, the first step in attempting to break a fixed-term lease (where nobody has violated the lease) would be to discuss the situation with the other party. If both parties consent to end the lease early, it can be terminated with a Termination Agreement.

If terminating a lease is not an option, subleasing or assigning may be a good alternative for both parties.

To sublease a rental property, a landlord provides their consent to sublease so the tenant can create a Sublease Agreement with a subtenant. The original tenant remains liable for the obligations stated in the original lease agreement.

Assigning a lease means transferring lease interest to a new tenant. Unlike subleasing, assigning means the original tenant gives away their rights and obligations to the new tenant. To assign a lease, a landlord provides their consent to assignment, and the parties use a Lease Assignment Agreement to outline the arrangement.

If one party has substantially breached the lease terms, the other may be entitled to end the lease early. If a landlord has legal cause to terminate a lease early, they inform the tenant to vacate the rental property with an Eviction Notice. Alternatively, a tenant uses a Termination Notice.

Landlords can also end a lease based on a lesser breach if they give the tenant a sufficient chance to remedy the problem and they don't do so.

What laws govern Residential Tenancy Agreements in Canada?

Canadian provinces and territories have varying acts and regulations that govern residential tenancies. For example, each province and territory, excluding Québec, has a specific act that governs residential tenancies.

Province or territory Law
Alberta Residential Tenancies Act
British Columbia Residential Tenancy Act
Manitoba The Residential Tenancies Act
New Brunswick The Residential Tenancies Act
Newfoundland and Labrador Residential Tenancies Act
Northwest Territories Residential Tenancies Act
Nova Scotia Residential Tenancies Act
Nunavut Residential Tenancies Act
Ontario Residential Tenancies Act
Prince Edward Island Landlord and Tenant Act
Saskatchewan The Residential Tenancies Act, 2006
Yukon Residential Landlord and Tenant Act

Related documents

  • Rental Inspection Report: Inspect your rental property before a tenant moves in and after they move out to assess any damages.
  • Residential Rental Application: Collect information to screen potential tenants for a rental property.
  • Commercial Lease Agreement: Lease a commercial space to a business tenant by outlining both of your rights, duties, and responsibilities.
  • Residential Sublease Agreement: Rent out a portion or all of the property you're renting to another tenant for a certain period of time.
  • Eviction and Lease Notices: Notify your tenant with landlord notices such as Eviction Notice, Notice of Lease Violation, Notice of Termination, Demand for Compliance or Possession, and Notice to Pay Rent.
  • Rent Increase Notice: Inform tenants about a change in rent charges and fulfill your obligation to provide an appropriate notice period.
  • Rent Receipt: Stay organized by creating a record of your tenant's rent payments.
  • Notice to Enter: Give a tenant adequate notice that you will be entering their rental suite on a specific date.
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