Fillable Commercial Lease Agreement (Page 11 of 13) in pdf

Election to Terminate Tenancy

• If a Tenant receives a notice of rent increase for a fixed term tenancy (the amount and timing of the increase not having been set out in

the lease) or for a periodic tenancy, he or she may elect to treat the notice as a notice of termination of the tenancy.

• If the Tenant elects to treat the notice as a notice of termination, the Tenant shall give the Landlord notice in writing that complies with

The Residential Tenancies Act:

• in the case of a fixed term tenancy, of a year to year or of month to month tenancy (other than a tenancy of a mobile home site), at

least

one (1) month before the day immediately preceding the day on which the increase in rent is to take effect;

• in the case of a week to week tenancy, at least one (1) week before the day immediately preceding the day on which the increase in

rent is to take effect;

• in the case of a tenancy of a mobile home site, at least one (1) month before the expiration of any month within the six (6) month notice

period to be effective on the last day of that month.

Non-payment of Rent and Notice to Vacate

• If a Tenant fails to pay the rent due, the Landlord may serve on the Tenant a Notice to Vacate terminating the tenancy on the day

specified in the notice and requiring the Tenant to vacate the premises on or before the day specified in the notice. The day specified

in the notice must be at least fifteen (15) days after the day on which the notice is served on the Tenant. (The Notice to Vacate form is

available at the Office of the Rentalsman.)

• Within seven (7) days after the Notice to Vacate is served on the Tenant, the Landlord shall serve on a rentalsman a copy of the

notice.

• Subject to subsection 19(6) and section 25.5 of The Residential Tenancies Act, the payment of all of the rent due by the Tenant within

seven (7) days after the Tenant is served with the Notice to Vacate shall have the effect of cancelling the notice and continuing the

tenancy.

Note: It is not permissible for a Landlord to seize a Tenant’s personal belongings for default in payment of rent.

Late payment fees

If the Tenant fails to pay the rent when due, the rent was given in the form of a cheque or other negotiable instrument that was

subsequently dishonoured and the Landlord may charge a late payment fee, as provided for under paragraph clause 4(B)(2) of the lease,

the amount of the late payment fee is the amount of the NSF (not sufficient funds) charges that were charged by a financial institution to

the Landlord as a result of the dishonouring of the instrument and that are proved by the Landlord by a receipt or statement from the

financial institution.

Part 7 – Alteration of Tenancy Agreement

In the case of a long term tenancy (tenancy of premises, other than a mobile home site, that have been occupied by the same tenant for

five (5) consecutive years or more) or a tenancy of a mobile home site, the Landlord may alter any provision of the lease or any other

tenancy agreement, except the one providing for the amount of rent, if

• the Landlord serves on the Tenant at least three (3) months’ written notice of the alteration,

• the alteration does not conflict with a provision, right or duty in The Residential Tenancies Act, and

• the alteration is reasonable and fair.

Note: Notice of an alteration must comply with The Residential Tenancies Act. A Tenant who is served with notice of an alteration may

apply in writing to a rentalsman within fifteen (15) days after receipt of the notice to have the notice reviewed by the rentalsman.

Part 8 - Security Deposits

A security deposit is to provide security against

• the Tenant’s failure to pay rent,

• the Tenant’s failure to reimburse the Landlord for expenses incurred by the Landlord for the supply of heat, water, electric power or

natural gas services to the premises if

• the lease provides that the Tenant will pay the expenses incurred by the Landlord for the supply of the services, and

• the rent does not include the payment by the Tenant for the provision of the services,

• the Tenant’s failure to pay a late payment fee required by the Landlord under section 19.1 of The Residential Tenancies Act where the

Tenant failed to pay the late payment fee after receiving a request in writing, dated and signed by the Landlord or an agent or

representative of the Landlord, to do so, or

• the Tenant’s failure to comply with the Tenant’s obligation under paragraph 4(1)(a) or (b) of The Residential Tenancies Act respecting

cleanliness or repair of the premises or any chattels provided in the premises by the Landlord.

Page 11 of 13

Commercial Lease Agreement Page 11

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