< R-t-le-09

What terms should be included as a minimum in a tenancy agreement?

The terms that you should have as a minimum in a residential tenancy agreement are as follows:

• names of the parties to the contract, i.e., the landlord and tenant or tenants;
• date of the agreement;
• names of all those who will be living in the premises including children and a description of pets (define as occupants, not tenants);
• description of the premises to be rented by address and by anything else necessary to further define the accommodation, for example, �basement suite�. In addition, an apartment rental agreement may describe other facilities that are included in the rental such as parking stall, or storage area. Be aware that inclusion of other facilities as part of the rental premises allows any of your property left in other areas area to be subject to seizure in the event of enforcement proceedings for non-payment of rent, for example, a vehicle in a parking stall or your belongings in the storage area;
• description of the privileges that you are entitled to as a tenant, for example, use of a swimming pool, exercise room, etc. Many apartment leases do not expressly state that you may make use of such facilities, and it may therefore be open for the landlord to close or deny access to the facilities at any time;
• date the tenancy is to start and the term of the lease. This will determine whether the tenancy is periodic or fixed term;
• amount of rent to be paid, when it is to be paid, how it is to be paid, and any late fees that apply;
• amount of security deposit;
• details of who pays for utilities and other services, such as cable TV;
• details of extra fees like parking and key deposits;
• details of any furniture or appliances included in the rental agreement;
• details of what pets are allowed;
• responsibility for maintenance and repairs;
• responsibility for jobs like snow shoveling;
• rules outlining whether you can sublet or assign the lease;
• insurance requirements;
• procedures if you have to end the tenancy early due to employment relocation;
• details of other rules relating to the building that you will have to keep and that are not mentioned specifically in the contract, for example, condominium bylaws or the building regulations governing matters such as refuse storage and collections, smoking;
• all other terms to which the parties have specifically agreed. If a promise made to you or your landlord is not contained in the terms of a written lease, the courts would probably not enforce the promise.

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November 2004 More Renting a Place to Live FAQs:

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