Residential lease
This Residential Lease (the “Lease”) is made on [Date] between:
Landlord: [Landlord legal name], of [Landlord address for notices] (the “Landlord”); and
Tenant or tenants: [Tenant full names] (each and together, the “Tenant”). Each Tenant is jointly and severally responsible for all obligations under this Lease.
1. Rental unit
The Landlord rents to the Tenant the residential unit at [Rental unit address], including [parking space number, storage locker, appliances listed in Schedule A] (the “Unit”), for use only as a private residence.
2. Term
The tenancy starts on [Lease start date] and is [for a fixed term ending on End date / month to month]. Where local law provides that a fixed-term tenancy continues automatically as a periodic tenancy at the end of the term, this Lease will continue on that basis unless ended under section 15.
3. Rent
The Tenant will pay rent of [Monthly rent] [Currency] per month, in advance, on day [Rent due day] of each month, by [electronic transfer / pre-authorized debit / cheque] to [Payee details]. If the tenancy starts on a day other than the rent due day, the Tenant will pay a prorated amount for the first partial period.
Rent includes: [list services included, such as heat, water, electricity, internet, parking]. All other services are the Tenant's responsibility under section 5.
The Landlord will give receipts for rent paid on request, free of charge. A charge for a dishonoured payment is [Amount], to the extent allowed by law. The Landlord will not charge late fees or interest beyond what the law allows.
4. Deposit
On signing, the Tenant will pay a [security deposit / last month's rent deposit / key deposit] of [Deposit amount] (the “Deposit”), but only to the extent the law where the Unit is located allows that type and amount of deposit. The Landlord will hold, pay interest on, apply and return the Deposit as required by that law.
The Landlord will return the Deposit, less any lawful deductions explained in writing, within the time required by law after the Tenant moves out and provides a forwarding address.
5. Utilities and services
The Tenant will set up and pay for the following services in their own name from the start date: [electricity, gas, internet, tenant insurance]. The Tenant will not allow essential services to be disconnected for non-payment.
6. Occupants and guests
Only the Tenant and the following people may live in the Unit: [Names of other occupants]. Guests may stay for no more than [Number] consecutive nights without the Landlord's written consent, which will not be unreasonably withheld, unless local law gives the Tenant broader rights.
7. Use of the Unit
The Tenant will use the Unit as a residence only, comply with applicable laws and the building rules in Schedule B, not disturb other residents' reasonable enjoyment, and not carry on any business that brings clients to the Unit or creates nuisance or risk. Short-term rental of the Unit or any part of it, for example through a holiday rental platform, is not permitted without the Landlord's written consent and compliance with local bylaws.
8. Maintenance and repairs
The Landlord will keep the Unit and building in a good state of repair, fit for habitation, and in compliance with health, safety and housing standards, and will make repairs within a reasonable time after being told of a problem.
The Tenant will keep the Unit reasonably clean, promptly report any need for repairs, and repair or pay for damage caused wilfully or negligently by the Tenant, occupants or guests, other than normal wear and tear.
In an emergency, such as a water leak, fire or no heat in winter, the Tenant will contact [Emergency contact and phone] immediately.
9. Landlord's entry
The Landlord may enter the Unit without notice in an emergency or if the Tenant consents at the time. Otherwise, the Landlord may enter only for a reasonable purpose allowed by law, such as repairs, inspections or showing the Unit to prospective tenants or buyers, after giving written notice of at least [24 hours] or any longer period required by law, and only between [8:00 AM and 8:00 PM].
10. Alterations
The Tenant will not make alterations, paint, install fixtures, or change locks without the Landlord's prior written consent. The Landlord will not change the locks without giving the Tenant new keys.
11. Pets and smoking
Pets: [No pets are permitted / The following pets are permitted: Description]. The Tenant is responsible for any damage or disturbance caused by permitted pets. A no-pets term does not apply to service animals or where the law prohibits it.
Smoking: [Smoking and vaping of any substance are not permitted anywhere in the Unit or on balconies / Smoking is permitted only in designated outdoor areas]. Growing cannabis in the Unit is [not permitted / permitted only as allowed by law].
12. Insurance
The Tenant [must / is encouraged to] carry tenant insurance covering their belongings and personal liability of at least [Amount], and provide proof on request. The Landlord's insurance does not cover the Tenant's property.
13. Assignment and subletting
The Tenant may not assign this Lease or sublet the Unit without the Landlord's written consent. The Landlord will not unreasonably refuse consent where the law requires reasonableness, and will deal with requests within the time the law requires.
14. Rent increases
The Landlord may increase rent only as allowed by law, including any limits on frequency and amount and any required written notice period, and not during a fixed term unless this Lease and the law allow it.
15. Ending the tenancy
The Tenant may end the tenancy by giving written notice at least [60 days / one full rental period] before the end of the fixed term or a rental period, or any other period required by law. The Landlord may end the tenancy only for reasons and with notice allowed by the residential tenancy law where the Unit is located.
On moving out, the Tenant will leave the Unit clean and in the same condition as at the start, except for normal wear and tear, return all keys and access devices, and remove all belongings. The parties will do a move-out inspection where the law requires it or either party asks.
16. Move-in condition
The parties will complete a move-in inspection and record the condition of the Unit in Schedule A, with photographs where possible, within [7] days after the start date.
17. Law prevails
Residential tenancy laws give tenants rights that cannot be waived. If any term of this Lease conflicts with those laws, the law applies and the conflicting term is void to the extent of the conflict, without affecting the rest of this Lease.
18. Governing law and disputes
This Lease is governed by the laws of [Province or state] and the federal laws of [Country] that apply there, without regard to conflict-of-laws rules that would apply the law of another place.
19. Notices
Any notice under this Lease must be in writing and delivered by hand, by courier, by registered mail, or by email to the address shown in the signature block or another address given by notice.
A notice is received: when delivered, if delivered by hand or courier on a business day before 5:00 PM local time at the place of receipt, and otherwise on the next business day; on the fifth business day after mailing, if sent by registered mail; and when sent, if sent by email before 5:00 PM local time of the recipient on a business day with no automated message that it was not delivered, and otherwise on the next business day.
Routine operational communications may be sent by any reasonable means, but a notice of breach, termination or a claim must also be sent by a method listed above.
20. Entire agreement and general terms
Entire agreement. This Lease, including any schedules and documents it expressly refers to, is the entire agreement about its subject matter and replaces all earlier discussions, proposals and agreements about that subject matter, whether written or oral.
Amendments and waivers. A change to this Lease is effective only if it is in writing and signed by each party. A failure or delay in enforcing a right is not a waiver of it, and a waiver of one breach is not a waiver of any other breach.
Assignment. No party may assign this Lease without the prior written consent of the others, which will not be unreasonably withheld, except that an organization may assign it without consent to a successor to all or substantially all of its relevant business or assets by giving written notice. This Lease binds and benefits the parties and their permitted successors and assigns.
Severability. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of this Lease stays in full force.
Interpretation. Headings are for convenience only. The words “including” and “includes” mean “including without limitation”. Amounts are in [Currency] unless stated otherwise. A reference to a law includes any amendment or replacement of it.
Language. The parties have expressly required that this Lease and all related documents be drawn up in English. Les parties ont expressément exigé que la présente entente et tous les documents connexes soient rédigés en anglais.
21. Counterparts and electronic signatures
This Lease may be signed in any number of counterparts, each of which is an original and all of which together form one document.
The parties agree that this Lease may be signed and delivered electronically, including through an electronic signature service such as eSora Sign. An electronic signature, and a signed copy delivered by email or as a PDF, has the same legal effect as a handwritten signature on a paper original, to the extent permitted by applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted in the relevant state, Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA), and provincial electronic commerce legislation in Canada.
Each party consents to receive this Lease and related notices electronically, and agrees that the electronic record of the signing process, including any certificate of completion and audit trail, may be used as evidence that this Lease was signed and of when it was signed.
Schedule A: Inventory and condition
Appliances and furnishings included: ______________________________
Condition notes at move-in: ______________________________
Keys and access devices given: ______________________________
Schedule B: Building rules
[Rules on noise, garbage and recycling, use of common areas, bicycles, barbecues on balconies, moving times and elevator booking.]
Signatures
By signing below, each signer confirms that they have read and agree to this Lease and, where they sign for an organization, that they are authorized to bind it.
TENANT
Name: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________
CO-TENANT
Name: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________
LANDLORD
Organization: [Legal name of organization]
Name: ______________________________
Title: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________