Culfidant Community "Shared Home' Terms and Conditions
FIXED LEASE TERM
1. This lease shall be automatically renewed to another 1yr term unless 60 days
written notice is served by either party to terminate the lease at the end of each term.
RENT PAYMENT DUE
2. On or before the first day of each and every month of the term of this agreement. An additional charge of 3.25% shall apply if paid via credit cards and/or pay-pal.
3. If the tenant do not pay the rental on the 1st day of the month, this Tenancy Agreement will automatically serve as 14-day notice of termination staring the 1st day of the month and the date of the tenancy ends shall be 14th of the same month unless tenant pays the sufficient rent and the fine of $25.00 per day. The authorized credit card shall be used to recover the late rents & fines plus 3.25% process fee automatically if applicable.
4. Together with any increase in the tenant’s family, but in any event not exceeding a total of max # of the persons indicated in the lease, unless the landlord consents in writing to the occupation of the premises by some other or an additional person or persons. And a roommate application form must be filled in for landlord approval.
5. The security deposit is equivalent to one-month rent.
6. The total amount of the first month rent and the security deposit (minus the initial deposit if you have paid during the application stage) shall be paid in full within the first 48-hours upon approval of the application or, the signed lease is invalid.
7. Sets forth above, if any, shall secure the performance of Tenant’s obligations here under, Landlord may, but is not obligated to apply all nor portions of said deposit on account of Tenant’s obligations. Any balance remaining upon termination shall be returned to Tenant. Security deposit is not the last month rent.
8. The landlord may deduct from the security deposit any amount that the landlord deems necessary to provide for:
- Repairing any damage to the premises (including the building of which the premises form a part, if any, and the property on which the building is located). Fixtures, furniture, appliances and any other items leased pursuant to this agreement, which damage may have been caused by the tenant or any person or persons invited on the premises by the tenant.
- Professional carpet cleaning +15% of management fee or tenant can provide receipt showing the professional carpet cleaning service has been done prior to moving-out date.
- Cleaning the premises, if the tenant gives up possession of the premises in such condition that the premise requires cleaning.
- Payment of rent owning to the landlord by the tenant upon the termination of this agreement; and
- The discharge of any other obligations or liabilities of the tenant to the landlord.
- After all the items in the above are met, the balance of the security deposit will be returned to the tenant within 10 days of the tenant’s surrendering possession of the premises and the sign off the inspection report.
INSPECTION OF PREMISES
9. The landlord and the tenant agree to complete the inspection of the premises within one week of the tenant’s taking possession of the premises and within one week of the tenant’s surrendering possession of the premises. The landlord agrees to provide the tenant in each instance with a report of the inspection that describes the condition of the premises.
10. The tenant and landlord/agent agreed that without consent but after advanced notice to the tenant a quarterly (or no less than 4 times a year) premise inspection shall be conducted.
CARE OF ITEMS
11. The landlord agrees that the premises supplied to the tenant shall be in a reasonably good state of condition and clean. The tenant agrees to take good care of the premises and keep them in reasonably clean condition and to take good care of any items supplied to the tenant by the landlord.
In addition, all maintenance issues shall be reported via the on-site work request form. Upon the submissions of the request, our office may arrange the fix/repair and decide who is responsible for the costs based on the nature of the issue. Please be advised
- Work hours – Such follow-ups are expected to be arranged during our office’s normal working hours (8:00 am to 8:00 pm, Monday to Friday, excluding weekends and statutory holidays) except the so-called emergency cases.
- “Emergency cases – refer to flooding, fire, or foreseeable freezing condition caused by the failure of the furnace in the winter when outside temperature is lower than minus 25 degree C. You may report such issue by calling 911 if applicable, and text our office at (587) 774-1206, and we shall follow-up promptly.
- Liability – The residents are solely liable to all the cost or any consequences that may cause if they decide to hire contactors or fixing the issues on their own without our office’s approval in writing in advance.
- As-it-is clause – certain items such as central air conditioning unit, central-vacuum etc. shall be regarded as so called use as it is – meaning these items shall be used as long as it is in decent working condition. It shall be regarded as the tenant’s choice to decide to keep it up to work as it is, or not to use it by the default of regular lease agreement, unless spciefic arrangement has been made and/or additional rent is being paid at the start of the lease. As such, the tenants shall NOT be responsible for the condition of these items as long as they have not use them during their regular stay.
12. 30 days after the tenant move-in sign-off, tenant shall be responsible for:
12.1. The cost of repairing/unplugging the plugged toilets, sinks and drains
12.2. The costs of replacing or repairing all windows, screens, light fixtures and all other chattels and fixtures damaged, broken, removed or destroyed at any time during the tenancy.
12.3. The costs of repairing/replacing all the supplied appliances (such as fridge, washer, dryer, microwave, and etc.) due to improper/careless use or damage cost by tenant.
12.4. Any on-site service due to tenant careless/fault (such as locked outside of the house) shall be charged $50.00 per time.
13. It shall be the responsibility of the tenant to insure the Tenant’s property on the premises against damage or loss to such property occasioned by fire, theft and any other perils which cause such damage or loss.
14. The valid tenant insurance is must requirement and the valid copy of the insurance policy or confirmation letter from insurance broker has to be shown to the landlord within 2 weeks of tenant’s taking possession of the premises. Also, every year within 2 weeks of the insurance policy renew date the landlord shall be given a renewed copy that proves this policy is still in force. The tenant has to report to the landlord regarding any change or/and cancellation of the tenant insurance policy during the regular term.
15. The tenant will not cause and will ensure that the family and guests of the tenant do not cause any nuisance or disturbance to other tenants, if any, in the same building in which the premises are located.
ASSIGNMENT AND SUBLETTING
16. The tenant shall not have the right to assign or sublet the premises to another person or persons without the written content from the landlord. Also any assignment or sublease is not considered unless the writing agreement indicated otherwise.
17.1 If the tenants intend to terminate the lease earlier, a so called “frustration agreement” for such earlier lease termination may be reviewed/approved/rejected once a penalty payment of 2-month rents are paid in full, along with one month advance written notice is submitted
17.2 Under the case when the property management is to be changed to a different company and/or the landlords, the current tenants shall be provided with the chance to make decision of leaving or staying without any penalty prior to such transition happens.
18. Should the tenant fail to take possession of the premises at the commencement of the term of this agreement, or abandon the premises before the expiration of this agreement, the landlord may take possession without notice or demand and re-let the premises on such conditions as the landlord may deem advisable, without prejudice to the landlord’s right to recover rental which may be owing and without prejudice to any claim or claims for damages.
RULES AND REGULATIONS
19. The tenant will observe and comply with the landlord’s RULES AND REGULATIONS which are attached to and form part of this agreement, with such reasonable variations and modifications as may be made to such RULES AND REGULATIONS from time to time by way of reasonable written notice from the landlord to the tenant, provided that such variations and modifications do not modify this agreement and are clear and fair and are intended to either:
19.1. Promote the comfort, convenience, safety or welfare of the tenant, the family and guests of the tenant and all other tenants in the building of which the premises form a part, if any:
19.2. Preserve the landlord’s property from abusive use or promote the care and cleanliness of the premises, the building of which the premises form a part, in any, or the property on which the building is located, or
19.3. Make a fair distribution of services or facilities provided for the tenant’s use.
19.4. No smoking rules – Click here for details.
LIABILITY FOR RENT
20. When two or more persons comprise the tenant for the purposes of this agreement, the landlord may collect the rent due to the landlord pursuant to this agreement from any or all of them.
21. As per Alberta tenancy act, the rest of the rents shall be the tenant’s responsibility if the tenant terminates the lease prematurely unless Frustration Agreement has been reached.
RIGHT OF ENTRY
22. Except as otherwise permitted by this clause 19, the landlord shall not enter the premises without the consent of the tenant or of any adult person lawfully on the premises. The landlord shall have the right to enter the premises:
22.1.1. Without notice or consent if the landlord has reasonable grounds to believe that an emergency exists or that the tenant has abandoned the premises, or the prospective tenants.
22.2. Without consent but after written notice to the tenant
22.2.1. To inspect the state of repair of the premises,
22.2.2. To make repairs to the premises,
22.2.3. To show the premises to prospective purchasers, tenants, appraisers or mortgages of the premises.
OBSERVANCE OF LAWS
23. Tenant shall comply with all laws, regulations and requirements of all municipal, provincial and federal authorities now in force, or which may hereafter be in force, pertaining to the use of premises.
TENANT’S COPY OF AGREEMENT
24. The landlord shall deliver to the tenant a duplicate copy of this agreement signed by the landlord within 21 days after execution of this agreement by the tenant and return of this agreement by the tenant and return of this agreement to the landlord.
25. Subject to clause 15 of this agreement, this agreement shall extend to, be binding upon and ensure to the benefit of the heirs, executors, administrators, successors and assigns of each party hereto.
26. The landlord/agent will advise the tenant of the street address and postal address within Alberta of the Landlord within 7 days of the tenant’s taking possession of the premises and will advise the tenant of any change in such information. If the premises are contained in a building or complex with common areas, the landlord may post such information in a conspicuous place in a common area.
27. Furnace filter replacement – there house is qualified for a quarterly replacement of the screen filter of the furnace and an friend email reminder will be sent to you for replacement. Please take a picture of the replacement as the proof that it has been replaced correctly or our staff will schedule a time to get it done for you for $45.00 charge per trip. The furnace filters may provide on the move-in day, or the residents may send the purchase request and being reviewed and approved by the office to purchase the designated filter with the current model and budget and, submit the receipts for the reimbursement.
28. The duct cleaning is optional and residents have the approval from the owner and or landlord as long the work is to be conducted by the professional service provider with the cost to be covered by the residents. The residents must ensure the work are being conducted without any damage to the current air system and the cleaning service receipt with the company’s contact information shall be provided once the work is conducted.
29. Plumbing system – all the plumbing related system (drains, toilets, bathtubs) have been tested during the move-in inspection with so called “30 seconds flushing test” that are being recorded via the videos and pictures. Therefore, any plumbing drainage related issues of dishwasher, kitchen sinks, toilets, and bathtubs shall be the responsible of the current residents effective on the move-in day.
RULES AND REGULATIONS
1. The premise is solely for residential renting, it shall not be used for any other formats, and or any business/commercial purpose.
2. The tenant shall dispose of all garbage from the premises in a proper manner.
3. The tenant shall use the yard, entrance and walks in a proper manner and shall keep all walks, yards and garbage disposal areas for which the tenant is responsible clean and tidy at all times, free of all objectionable material, including ice and snow.
4. If windows are left open on the premises by the tenant or by any person invited on the premises by the tenant, causing plumbing to freeze, damage by rain/snow/ice or water damage to floors or walls, the tenant shall be responsible for any damage occasioned by such action.
5. The tenant agrees to immediately report to the landlord any and all signs and or damage that may occur to the premises. Any maintenance work shall be arranged through FSC office. The tenant shall be responsible for all the cost of maintenance and fix if they fix or arrange the others to fix/repair the damage without the prior written consent and approval from the landlord/agent/office.
6. Only small picture hooks and small nails may be used for the hanging of pictures in the premises with the written permission from office.
7. The tenant shall be responsible for replacing glass with glass of a kind and quality similar to that which may be broken, cracked or damaged due to the negligence or willful misconduct of the Tenant or any other person or persons invited on the premises by the tenant.
8. The hallways, passages and stairs of the building in which the premises are situated shall be used for no purpose other than going to and from the premises and the tenant shall not in any way encumber those areas with boxes, furniture or other material or place or leave rubbish in those areas and other areas used in common with other tenants.
9. Boots and rubbers which are soiled or wet shall be removed at the entrance to the building in which the premises are located and taken into the tenant’s premises.
10. The tenant shall do no structural alterations, painting, papering or redecorating without the prior written consent of the landlord.
11. The landlord shall provide a key for each tenant (age more than 13 years old). The tenant shall be responsible for the secure and safe use of the key. If the key is missing, the tenant shall report to landlord and the landlord can change the locks and charge the tenant for the cost of doing so.
12. The tenant shall not add to or change locks on doors giving access to the premises or to any building or property of which the premises form a part without the prior written consent of the landlord/agent/office. If a tenant moves out and does not hand in the keys, the landlord shall change the locks and charge the tenant for all the cost of doing so.
13. A tenant also has the right to install a security device that is capable of being put into effect after get the permission of landlord in writing. However, it becomes part of the property of the landlord when the tenancy is terminated unless it can be removed without damage to the premises.
14. The tenant must keep and observe all health, fire and police regulations of the province and city, town or municipality in which the premises are located.
15. No additional electric wiring, cooling, or heating units shall be installed in the premises without the prior written consent of the landlord.
16. No combustible material or flammable liquid shall be kept on the premises.
17. If the tenant is absent form the premises and the premises and the premises are unoccupied for an extended period, the tenant is to notify the landlord and arrange for regular inspection by a competent person.
18. The tenant must obtain the approval of the landlord before a waterbed or waterbeds are used on the premises.
19. Noise shall not be permitted in the premises, which, in the opinion of the landlord, disturbs the comfort of the other tenants and/or the neighbours.
20. No pets or animals of any sort shall be allowed or kept in or about the premises without the prior written consent of the landlord.
21. Any guest stay more than 5 days MUST have the written consent from the landlord in advance. Or, $250.00 shall be charged for the first offence and $500.00 for the 2nd offence.
22. If parking facilities are provided, they are provided at the tenant’s own risk and the tenant is required to park in the stall allotted to the tenant, Unlicensed or inoperable vehicles parked on the landlord’s property will be removed at the tenant’s expense.
23. The tenant shall obey any rules posted regarding the use and care of the building, parking lot, laundry room and other common facilities such as swimming pool, playground, etc, that are provided for the use of the tenant and other tenants.
24. The tenant shall not place or expose or allow to be placed or exposed anywhere in the premises within or without, any place card, notice plate or sign for advertising purposes, nor shall the tenant affix to the premises or erect thereon any radio or T.V. antenna or towers, without the prior written consent of the landlord.