Are those rental agreement clauses normal?

[ag123987]

Hi,

I was offered a basement by a landlord but this one just sent me the agreement and I am not confortable with clauses that he added in appendix:

- The Lessee agrees to allow the Lessor to inspect the property once every three (3) months, provided that a proper notice is given to the Tenant and that the Lessor shall visit the property at mutually agreed upon time during the Tenant presence.

In the standard lease there is a similar clause saying:
"ACCESS: The Landlord shall have the right, at reasonable times to enter and show the demised premises to prospective tenants, purchasers or others.
The Landlord or anyone on the Landlord’s behalf shall also have the right, at reasonable times, to enter and inspect the demised premises."
In my country, entering a tenant's appartment when he lives there is severely punished by the law as a "violation of private property".

- Lessee agrees in cooperation with the main floor tenant to water and maintain the lawn and shovel the snow as a prudent person. Any charges by the city will be charged back to the lessee.

I have no intention to shovel anything. I am a small girl with poor strength. I find it very hard to open the bus doors… I cannot imagine myself shovering the snow… is it normal that the landlord is giving me this responsability??
Same for the lawn! I Don't care about the garden….

- The lessee agrees to pay the utilities in a prorated manner according to the number of people occupying the main floor of the house.

The landlord lives alone in his house. When I visited he told me that we will make 40% - 60%. But with this above sentence, it sounds to me that he wants a 50% - 50%. Am I right?

Please advise…

Thanks,

 

[21Goose]

Hi,

I was offered a basement by a landlord but this one just sent me the agreement and I am not confortable with clauses that he added in appendix:

- The Lessee agrees to allow the Lessor to inspect the property once every three (3) months, provided that a proper notice is given to the Tenant and that the Lessor shall visit the property at mutually agreed upon time during the Tenant presence.

In the standard lease there is a similar clause saying:
"ACCESS: The Landlord shall have the right, at reasonable times to enter and show the demised premises to prospective tenants, purchasers or others.
The Landlord or anyone on the Landlord’s behalf shall also have the right, at reasonable times, to enter and inspect the demised premises."
In my country, entering a tenant's appartment when he lives there is severely punished by the law as a "violation of private property".

- Lessee agrees in cooperation with the main floor tenant to water and maintain the lawn and shovel the snow as a prudent person. Any charges by the city will be charged back to the lessee.

I have no intention to shovel anything. I am a small girl with poor strength. I find it very hard to open the bus doors… I cannot imagine myself shovering the snow… is it normal that the landlord is giving me this responsability??
Same for the lawn! I Don't care about his garden….

- The lessee agrees to pay the utilities in a prorated manner according to the number of people occupying the main floor of the house.

The landlord lives alone in his house. When I visited he told me that we will make 40% - 60%. But with this above sentence, it sounds to me that he wants a 50% - 50%. Am I right?

Please advise…

Thanks,

What province are you in? If you're in Ontario, the standard lease applies and any random terms that a landlord puts in are not valid if they are in contravention of the Residential Tenancies Act.

More information here -> http://www.mah.gov.on.ca/Page18704.aspx

 

[ag123987]

What province are you in?

Yes I'm in Ontario but the lease he sent me is not the "standard lease form".

Also after reading the standard form I think what I see in it is not better than what the landlord Added in the appendix:

The tenant is entitled to reasonable enjoyment of the rental unit (e.g. quiet enjoyment, reasonable privacy, freedom from
unreasonable disturbance and exclusive use of the rental unit).
The landlord can enter the rental unit with 24 hours’ written notice only for the following reasons:
• make repairs,
• inspect the unit to see if repairs are needed, if the inspection is reasonable,
• show the rental unit to a possible buyer, insurer or mortgage lender,
• let a real estate agent show the unit to a possible buyer,
• have a property inspection done before converting the residential building into a condominium, or
• for any reasonable purpose listed in the tenancy agreement.
The written notice must include the reason for the entry and state the date and time (between 8 a.m. and 8 p.m.) that the
landlord will enter the unit. With proper notice, the landlord can enter the unit when the tenant is not at home.
The landlord does not need to give a notice to enter:
• in case of emergency,
• if the tenant consents to entry,
• if the tenancy agreement requires the landlord to clean the unit, or
• if the tenancy is coming to an end and the landlord wants to show the unit to a potential new tenant – the landlord
can only show the unit between 8:00 a.m. and 8:00 p.m. and must make a reasonable effort to let the tenant know
when this will happen.
​

I am shocked by those terms…

So In fact, in Ontario, a landlord can enter a tenant's private rented appartment with only 24hours notice and with the simple Reason as "inspect the unit to see if repairs are needed"... so, what I find abusive is just normal in Canada??

I see Nothing about "shoveling the snow" and "taking care of the lawn". But in the standard lease they Don't say the landlord cannot add other terms. They only say that the added terms cannot contradict existing terms of the Residential Tenancies Act. So I could just refuse if I Don't agree but take the risk of the landlord canceling his rental offer.

 

[canuck78]

Yes I'm in Ontario but the lease he sent me is not the "standard lease form".

Also after reading the standard form I think what I see in it is not better than what the landlord Added in the appendix:

The tenant is entitled to reasonable enjoyment of the rental unit (e.g. quiet enjoyment, reasonable privacy, freedom from
unreasonable disturbance and exclusive use of the rental unit).
The landlord can enter the rental unit with 24 hours’ written notice only for the following reasons:
• make repairs,
• inspect the unit to see if repairs are needed, if the inspection is reasonable,
• show the rental unit to a possible buyer, insurer or mortgage lender,
• let a real estate agent show the unit to a possible buyer,
• have a property inspection done before converting the residential building into a condominium, or
• for any reasonable purpose listed in the tenancy agreement.
The written notice must include the reason for the entry and state the date and time (between 8 a.m. and 8 p.m.) that the
landlord will enter the unit. With proper notice, the landlord can enter the unit when the tenant is not at home.
The landlord does not need to give a notice to enter:
• in case of emergency,
• if the tenant consents to entry,
• if the tenancy agreement requires the landlord to clean the unit, or
• if the tenancy is coming to an end and the landlord wants to show the unit to a potential new tenant – the landlord
can only show the unit between 8:00 a.m. and 8:00 p.m. and must make a reasonable effort to let the tenant know
when this will happen.
​

I am shocked by those terms…

So In fact, in Ontario, a landlord can enter a tenant's private rented appartment with only 24hours notice and with the simple Reason as "inspect the unit to see if repairs are needed"... so, what I find abusive is just normal in Canada??

I see Nothing about "shoveling the snow" and "taking care of the lawn". But in the standard lease they Don't say the landlord cannot add other terms. They only say that the added terms cannot contradict existing terms of the Residential Tenancies Act. So I could just refuse if I Don't agree but take the risk of the landlord canceling his rental offer.

24 hours is standard if landlord wants to enter your apartment. Some landlords never inspect unless they suspect a problem and other want to inspect on a regular basis. Tenants should expect that there will be showings of their unit after they give notice they are planning on leaving. Depending on the property you may be reaponsible for all the garden/lawn upkeep and shovelling. That is pretty typical for homes.

These aren't pretty standard not sure why you are so surprised.

 

[21Goose]

Yes, this is standard for Ontario. That’s just how it is. Any rental anywhere in Ontario will operate under this standard lease agreement.

 

[ag123987]

These aren't pretty standard not sure why you are so surprised.

I am not surprised... I am chocked because in my home country it is a crime, punished severely by the law.
Everything is new for me here.

 

[canuck78]

I am not surprised.. I am chocked because in my home country is is a crime, punished severely by the law.
Everything is new for me here.

Tenants still have a ton of rights ask any landlord. This allows landlords to check on their property or exam to see if any maintenance is needed. In terms of lawn care and shoveling. The person who has use of the garden usually maintains it. This is Canada small women shovel snow too.

 

[ag123987]

In terms of lawn care and shoveling. The person who has use of the garden usually maintains it. This is Canada small women shovel snow too.

This is not true according to the Residential Tenancies Act which states that the landlord is responsible for maintaining common areas (including driveways). So unless I accept the manually Added clause to the standard rental agreement form for Ontario, it is not my responsablility.

 

[laxsun]

Looks like you will have a lot of hurdles to find a rented place. If you cannot agree on rules set by residential tenancy authorities, you will have real problem. Think of what would you do if you own a house and wish to rent out.

One simple solution might be, try to find a house owned by a person immigrated from your country of origin. That way you can have little bit more trust on your landlord.

I am not in Ontario but I have lived for two years in BC without any rental agreement paying cash in rent. The house was new and the landlord family was so helpful that they helped me and my wife to land in our first jobs.

 

[foodie69]

I am not surprised... I am chocked because in my home country it is a crime, punished severely by the law.
Everything is new for me here.

Well, you are not in your home country anymore. It is a steep learning curve for some.

 

[canuck78]

This is not true according to the Residential Tenancies Act which states that the landlord is responsible for maintaining common areas (including driveways). So unless I accept the manually Added clause to the standard rental agreement form for Ontario, it is not my responsablility.

Somewhat an unwritten rule because families renting homes like to live in it as their own and also enjoy their backyard and privacy. Most would not want a landlod showing up at 7am on a Sunday to mow the back lawn. Would expect that lawn and snow removal is written into many rental contracts especially if the person has the use of the driveway and backyard.

 

[k.h.p.]

The snow clearing was included in every lease of mine in Ontario. It's not a contravention of the RTA.

 

[canuck78]

The snow clearing was included in every lease of mine in Ontario. It's not a contravention of the RTA.

In single homes taking basic care of the surrounding property is usually expected and included in the lease but may be dependent on the landlord or region.

 

[vensak]

ok snow shoveling and lawn cutting are services. And depending on the offer they might or might not be included in the rent. If they are not included, you are expected (just like the owner of the property would be, if it was vacant or if he was living there) to take care of closest surrounding, That includes upkeep of any private roads or pavements and of course any spots with grass, bushes or trees that belongs to the property. So there you need to upkeep them according to the law (in order not to endanger or inconvenience other people).
Trust me, this is very similar in Europe (at least how I remember it). if you are in apartment building, they might have a company to do these services (or hired internal employees). If there is nobody hired, then all owners or tenants share this responsibility. So that would be snow shoveling, grass maintenance or common areas cleaning.

 

[russ6970]

Yep, I still have a house that I rent out in Scotland. If the property has a garden, the tenant is responsible for the upkeep. I had to buy a lawnmower and hedge trimmer, so they better be doing it