Standard Form Of Lease Page 4

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Statutory Conditions
(1) Notwithstanding any lease, agreement, waiver, declaration or other statement to the contrary, where the relation of
landlord and tenant exists in respect of residential premises by virtue of this Act or otherwise, there is and is deemed to
be an agreement between the landlord and tenant that the following conditions will apply as between the landlord and
tenant as statutory conditions governing the residential premises:
Statutory conditions
1. Condition of Premises – The landlord shall keep the premises in a good state of repair and fit for habitation
during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or
2. Services – Where the landlord provides a service or facility to the tenant that is reasonably related to the
tenant’s continued use and enjoyment of the premises such as, but not so as to restrict the generality of the
foregoing, heat, water, electric power, gas, appliances, garbage collection, sewers or elevators, the landlord shall
not discontinue providing that service to the tenant without proper notice of a rental increase or permission from
the Director.
3. Good Behaviour – A landlord or tenant shall conduct himself in such a manner as not to interfere with the
possession or occupancy of the tenant or of the landlord and the other tenants, respectively.
4. Obligation of the Tenant – The tenant is responsible for the ordinary cleanliness of the interior of the premises
and for the repair of damage caused by wilful or negligent act of the tenant or of any person whom the tenant
permits on the premises.
5. Subletting Premises – The tenant may assign, sublet or otherwise part with possession of the premises subject
to the consent of the landlord which consent will not arbitrarily or unreasonably be withheld or charged for unless
the landlord has actually incurred expense in respect of the grant of consent. (Pursuant to subsection 6(4) of the
Residential Tenancies Act tenants under a housing program shall not sublet the residential premises.)
6. Abandonment and Termination – If the tenant abandons the premises or terminates the tenancy otherwise
than in the manner permitted, the landlord shall mitigate any damages that may be caused by the abandonment or
termination to the extent that a party to a contract is required by law to mitigate damages.
7. Entry of Premises – Except in the case of an emergency, the landlord shall not enter the premises without the
consent of the tenant unless
(a) notice of termination of the tenancy has been given and the entry is at a reasonable hour for the purpose of
exhibiting the premises to prospective tenants or purchasers; or
(b) the entry is made during daylight hours and written notice of the time of the entry has been given to the
tenant at least twenty-four hours in advance of the entry.
8. Entry Doors – Except by mutual consent, the landlord or the tenant shall not during occupancy by the tenant
under the tenancy alter or cause to be altered the lock or locking system on any door that gives entry to the
9. Late Payment Penalty – Where the lease contains provision for a monetary penalty for late payment of rent,
the monetary penalty shall not exceed one per cent of the monthly rent.
Statutory conditions re mobile homes
(2) In addition to the statutory conditions set out in subsection (1), there is and is deemed to be an agreement between
the landlord and tenant that the following statutory conditions apply as between them in respect of the lease of a mobile
home space or a mobile home in a mobile home park:
Statutory conditions respecting mobile homes
1. The landlord shall not restrict in any way the right of a tenant to sell, lease or otherwise part with the possession
of a mobile home by the tenant.
2. The landlord shall not receive any compensation for acting as the agent of the tenant in any negotiations to sell,
lease or otherwise part with possession of a mobile home space or a mobile home situate in a mobile home park,
unless provided for in a separate written agency agreement that is entered into by the tenant
(a) after the tenant enters into the tenancy agreement; and
(b) at the time that the tenant decides he wishes to offer his mobile home for sale or lease or otherwise part with
the possession of his mobile home or mobile home space.
3. (1) Except as provided in this condition, the landlord shall not restrict in any way the right of the tenant to
purchase goods or services from the person of the tenant’s choice.
(2) The landlord may set reasonable standards for mobile home equipment.
(3) Where a person who does not live in the mobile home park and who is offering goods or services for sale
(a) unduly disturbs the peace and quiet of the mobile home park;
(b)fails to observe reasonable rules of conduct that have been established by the landlord; or
(c) violates the traffic rules of the mobile home park,
despite a request by the landlord to discontinue the conduct, the landlord may restrict or prohibit the entry of
that person into the mobile home park.
4. The landlord is responsible for compliance with municipal by-laws in respect of the common areas of the
mobile home park and the services provided by the landlord to the tenants in the mobile home park.
5. The tenant is responsible for compliance with municipal by-laws in respect of the tenant’s mobile home and the
mobile home space on which it is located to the extent that the landlord is not responsible.


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