Fillable Commercial Lease Agreement (Page 8 of 13) in pdf

Part 4 - Permitted Entry

The Residential Tenancies Act sets out minimum notice periods for entry by a Landlord or an agent or representative of the Landlord

onto the demised premises in particular circumstances. Notice must be given in writing and comply with The Residential Tenancies Act.

Except where the Tenant has abandoned the demised premises or where an emergency is present, an entry by a Landlord or an agent or

representative of the Landlord is to be made on a day other than a Sunday or other holiday and between 8:00 a.m. and 8:00 p.m.

Minimum Notice Period

Permitted Entry

For Entry

(in any of the following circumstances)

(written notice required)

• the Tenant has abandoned the premises

No notice required

• an emergency is present

• the Tenant consents at the time of entry

• within two (2) working days after receipt of the Tenant’s request in writing to carry out repairs to the

premises, the Landlord or an agent or representative of the Landlord is entering the premises to

carry out the requested repairs (a working day is any day except a Sunday or other holiday)

• the entry is made by the Landlord or an agent or representative of the Landlord during the last

rental period of the tenancy agreement to show the premises to prospective tenants and the lease

provides that the Landlord or agent or representative may enter without any notice requirement in

that circumstance

• the tenancy agreement for a tenancy of a room in a boarding house or lodging house provides that

housekeeping services will be provided by the Landlord and the Landlord or an agent or

representative of the Landlord is entering the premises to provide the housekeeping services

• the Landlord or an agent or representative of the Landlord is entering the premises to carry out

At least twenty-four (24)

hours notice required

repairs that the Tenant in writing requested the Landlord or the agent or representative to carry out

to the premises, but that were not carried out by the Landlord or an agent or representative within

two (2) working days after the request (a working day is any day except a Sunday or other holiday)

• a person or authority having jurisdiction to do so has required, by order or otherwise, a Landlord or

an agent or representative of the Landlord to carry out repairs or cause repairs to be carried out to

the premises and the Landlord or agent or representative is entering the premises to carry out the

repairs

• the Landlord or an agent or representative of the Landlord desires to enter to show the premises to

prospective purchasers or mortgagees or to carry out an inspection of the premises

• the Landlord or an agent or representative of the Landlord wishes to enter to carry out normal

At least seven (7) days

notice required

repairs or redecoration on the premises

Notes:

• Except as provided in sections 16 and 25.03 of The Residential Tenancies Act, it is an offence for a Landlord or agent or

representative of the Landlord to enter the demised premises during the term of the tenancy.

• It is an offence for a Landlord or Tenant, except by mutual consent or on the written authorization of a rentalsman, to alter or cause to

be altered, during occupancy under the tenancy agreement, the lock or the locking system on any door that gives entry to the demised

premises.

Part 5 – Notice of Termination

Protection under the Act

If a Tenant makes a complaint against a Landlord, a notice of termination of the tenancy served by the Landlord within the period

beginning the day on which the complaint was made and ending one (1) year after that day is not valid if

• the Tenant advises a rentalsman in writing within fifteen (15) days after the receipt of the notice that he or she intends to contest the

notice, and

• the Landlord does not satisfy the rentalsman that he or she did not serve the notice of termination because the Tenant made the

complaint

Notice of Termination

• In the case of a fixed term tenancy, no notice of termination by the Landlord or Tenant is necessary because the date of termination

is fixed in the lease.

• A notice of termination of a periodic tenancy to be served by a Landlord or Tenant is to be served in writing and must comply with the

Residential Tenancies Act.

Page 8 of 13

Commercial Lease Agreement Page 8

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