Residential Lease Documents
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What is a residential lease?
A residential lease agreement is a contract between two parties (landlord and tenant) that outlines the rights and responsibilities of each party. It also includes information about the length of time an individual will have to occupy the property, as well as any obligations they may face during their tenancy. A lease should be read carefully before signing so that all terms are fully understood.
Residential leases are also known as rental agreements.
What happens if a landlord breaks the lease?
In the event that a landlord breaks their residential lease, the tenant is entitled to be refunded for any damages and/or money lost as a result of this breach. The tenant has the option to withhold rent in order to force compliance or can choose to terminate the lease and sue for damages. Withholding rent could lead to eviction so it’s important not only to find out what your rights are but also to make sure you know how much time you have before moving out.
Tenants Responsibilities For Residential Leases
As a tenant, you are responsible for upholding the lease agreement that you have with your landlord. If you find yourself in such a situation where you need to break your residential lease, there are certain steps that will need to be taken. Communicating your circumstances is the best way to have your landlord agree to your terms without any repercussions. However, the lease will define all the outcomes which could include an early termination fee, damages or lost rent.
How Lawyers Can Help When Drafting A Residential Lease?
- Drafting or reviewing lease terms
- Assisting with negotiations
- Providing legal advice and counsel
- Representing clients in disputes
- Ensuring compliance with laws and regulations.
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Residential Lease FAQ
1. What is a residential lease agreement in Canada?
A residential lease agreement is a legal contract between a landlord and a tenant that outlines the terms and conditions of renting a residential property in Canada. It specifies the rent amount, the length of the lease, the obligations of the landlord and the tenant, and other relevant terms such as maintenance responsibilities and utility costs.
2. Can a landlord increase the rent during the term of a residential lease agreement in Canada?
In most provinces and territories in Canada, a landlord can only increase the rent once a year by a maximum percentage set by the government. The landlord must provide the tenant with proper notice before the rent increase takes effect, usually at least 90 days in advance. However, some provinces have specific rules regarding rent increases during the term of a lease, so it’s important to check the local laws and regulations.
3. What happens if a tenant breaches a residential lease agreement in Canada?
If a tenant breaches a residential lease agreement in Canada, the landlord may have the right to terminate the lease and evict the tenant. The breach could include not paying rent on time, causing damage to the property, or violating other terms and conditions of the lease. The landlord must provide the tenant with proper notice and follow the legal procedures for eviction according to the local laws and regulations.
4. What are the rights of a tenant in a residential lease agreement in Canada?
Tenants in Canada have certain rights and protections under the law, such as the right to privacy, the right to a safe and habitable living environment, and the right to challenge unfair practices by their landlord. They also have the right to dispute unfair rent increases or eviction notices through the relevant provincial or territorial authorities.
5. Can a landlord refuse to renew a residential lease agreement in Canada?
In Canada, a landlord may refuse to renew a residential lease agreement at the end of the term for a valid reason, such as the landlord needing the property for personal use, or for non-payment of rent or other breaches of the lease agreement. However, the landlord must provide the tenant with proper notice according to the local laws and regulations, and cannot discriminate against the tenant based on certain protected grounds such as race, religion, gender, or sexual orientation.