Residential Tenancies Regulations

A written tenancy agreement may be made in the form of a tenancy agreement as set out in the Schedule.

For the purposes of subsection 16(1) of the Act, a landlord shall calculate simple interest on a security deposit or pet security deposit at a rate that is equal to the Chartered Bank Administered Interest Rate for Non-Chequable Savings Deposits established by the Bank of Canada, in effect on January 1 in the year that the interest is credited.

For the purposes of subsection 41(2) of the Act, a late payment penalty respecting the rent due under a tenancy agreement must not exceed $5 plus $1 for each day after the due date that the rent is late, to a maximum of $65.

For the purposes of subsection 86(1.1) of the Act, any order or decision of a rental officer filed with the Clerk of the Supreme Court by a landlord or tenant, must be in a form and filed in a manner approved by the Clerk. R-102-2018,s.2.

The following fees are payable for making an application to a rental officer under the Act:

R-064-2015,s.2.

SCHEDULE (section 1)

FORM

TENANCY AGREEMENT

Residential Tenancies Act

1. PARTIES - Landlord and Tenant(s)

This Tenancy Agreement is between:

, Landlord (full legal name of landlord)

(landlord’s phone number)

- AND -

, Tenant (name(s) of tenant(s))

(tenant’s phone number)

2. PREMISES - Rental Unit

The Landlord agrees to rent to the Tenant and the Tenant agrees to rent from the Landlord the following rental premises:

(full community address of rental premises - indicate if a lot for a mobile home)

3. TERM

(Complete either (a) or (b))

(a) Fixed Term Tenancy

The tenancy is for a fixed term beginning on , 20 and ending on , (start date) (end date)

20 .

[NOTE: A term tenancy agreement is automatically renewed as a monthly periodic agreement unless:

(i) the tenancy has ended in accordance with the Residential Tenancies Act,

(ii) the landlord and tenant have entered into a new tenancy agreement, or

(iii) the tenant is an employee of the landlord and the rental premises are a benefit of employment. (Section 49 of the Act)]

(b) Periodic Tenancy

The tenancy is periodic beginning on , 20 and continuing from (start date) (month to month or week to week)

4. RENT

The Tenant agrees to pay the Landlord $ on the day of every , plus the following charges:

$ for parking for each vehicle

$ for

$ for

If the Tenancy Agreement is made for a fixed term and the rental premises are not subsidized public housing check one of the following:

The rent shall not be increased during the term of the Tenancy Agreement.

The rent may be increased during the term of the Tenancy Agreement, 12 months after the last rental increase on these rental premises and with notice to the Tenant. (Section 47 of Act)

The date of the last rental increase for the rental premises was , 20 .

[NOTE: A tenant who does not pay his or her rent on the date specified in the tenancy agreement may be liable to a penalty. (Section 41 of Act)]

5. SERVICES AND FACILITIES

The following services and facilities are included in the rent:

The following services and facilities are the responsibility of the Tenant:

6. SECURITY DEPOSIT

A security deposit of $ is required.

The Landlord acknowledges receipt of $ , or % of the security deposit owing which was

paid on , 20 .

The remaining $ , or % is due on , 20 .

[NOTE: A tenant may pay 50% of the required security deposit at the commencement of the tenancy agreement and the balance within three months.

In the case of a weekly tenancy a tenant shall pay to the landlord a security deposit not exceeding one week’s rent. For other terms of tenancy, the tenant shall pay to the landlord a security deposit not exceeding one month’s rent.

A tenant of subsidized public housing or employee who receives housing from his or her employer may be required to pay a security deposit that is calculated on the market-value rent of the rental premises. (Section 14 of Act)]

A pet security deposit of $ is required.

[NOTE: A tenant who receives permission to keep a pet may be required to pay a pet security deposit that is equal to 50% of the weekly (in the case of weekly tenancies) or monthly rent. A landlord can only ask for one pet security deposit regardless of the number of pets that the landlord has agreed the tenant may keep. (Section 14.1 of Act)

A landlord forfeits the right to retain any part of the security deposit or pet security deposit for repairs of damage to the rental premises if entry and exit inspection reports are not completed or if the landlord fails, without reasonable excuse, to give a copy of each report to the tenant. (Section 18 of Act)]

7. LANDLORD’S OBLIGATION TO MAINTAIN PREMISES

The Landlord shall provide and maintain the rental premises and residential complex in a good state of repair and fit for habitation. (Section 30 of Act)

[NOTE: Where a residential complex is composed of only one rental premises, a landlord and tenant may agree that some or all of the landlord’s obligations shall be performed by the tenant except repairs required as a result of reasonable wear and tear or as a result of fire, water, tempest or other act of God. (Section 31 of Act)]

The parties agree that the Tenant shall perform the following obligations:

8. OBLIGATIONS UNDER THE ACT

The Landlord and Tenant shall comply with all obligations but are not limited to, the following:

Landlord

Not alter/change locks except with agreement of tenant. (Section 25 of Act)

Not enter rental unit except as provided in Act. (Sections 26 and 27 of Act)

Provide and maintain rental premises/complex and facilities in a good state of repair and fit for habitation. Make sure standards and laws are complied with. (Section 30 of Act)

Not withhold vital services. (Section 33 of Act)

Not disturb tenant’s possession or enjoyment of the rental premises/complex. (Section 34 of Act)

Provide notice of legal name of landlord. (Section 36 of Act)

Make available copy of Act when requested by tenant. (Section 37 of Act)

If complex has more than five rental premises, landlord shall draw up and keep up to date a directory of tenants who require special assistance in an emergency. (Section 38 of Act)

9. ADDITIONAL OBLIGATIONS OF THE PARTIES

In addition to the obligations set out in the Residential Tenancies

the Tenant shall comply with the following obligations:

the Landlord shall comply with the following obligations:

8. OBLIGATIONS EN VERTU DE LA LOI

Le locateur et le locataire respectent toutes les obligations comprennent, notamment, ce qui suit :

Locateur

Ne pas modifier ni changer les serrures sauf avec le consentement du locataire. (Article 25 de la Loi)

Ne pas entrer dans une unité locative sauf dans les cas prévus dans la Loi. (Articles 26 et 27 de la Loi)

Remettre et maintenir le logement locatif ou l’ensemble d’habitation et les installations en bon état, qui soit propice à l’habitation. Veillez au respect des normes et des lois applicables. (Article 30 de la Loi)

Ne pas retenir la prestation d’un service essentiel. (Article 33 de la Loi)

Ne pas déranger le locataire ni gêner sa jouissance du logement locatif ou de l’ensemble d’habitation. (Article 34 de la Loi)

Donner un avis du nom du locateur. (Article 36 de la Loi)

Mettre à la disposition du locataire, à sa demande, un exemplaire de la Loi. (Article 37 de la Loi)

Si l’ensemble d’habitation compte plus de cinq logements locatifs, le locateur tient à jour une liste des locataires qui ont besoin d’aide en cas d’urgence. (Article 38 de la Loi)

9. AUTRES OBLIGATIONS DES PARTIES

Outre les obligations prévues dans la Loi sur la location suit :

le locataire respecte les obligations suivantes :

le locateur respecte les obligations suivantes :

10. OVERCROWDING

The Tenant agrees not to permit more than persons to occupy the rental premises on a continuing basis. (Section 45 of Act)

11. SERVICE OF DOCUMENTS AND NOTICES

[NOTE: A notice or other document to be served on or given to a landlord, tenant or rental officer, must be served or given by personal service, registered mail, fax (if a fax number is provided) or a method set out in the regulations. (Section 71 of Act) The regulations allow for service by e-mail if an e-mail address is provided. A document served by e-mail is deemed to have been received three days after it is sent. (Section 4)]

The Landlord provides the following information for service:

(landlord’s address for service of documents and notices)

The Landlord also agrees that service may be provided by the following means (check those that apply and provide details): Fax E-mail

(landlord’s fax number for service of documents and notices)

(landlord’s e-mail address for service of documents and notices)

The Tenant provides the following information for service:

(tenant’s address for service of documents and notices)

The Tenant also agrees that service may be provided by the following means (check those that apply and provide details): Fax E-mail

(tenant’s fax number for service of documents and notices)

(tenant’s e-mail address for service of documents and notices)

12. ASSIGNMENT AND SUBLETTING

Unless the rental premises is subsidized public housing or rental premises provided by an employer to an employee as a benefit of employment, the Tenant may transfer his or her right to occupy by assignment or sublet. The permission of the Landlord, which cannot be unreasonably withheld, must be obtained and the appropriate subletting or assignment agreement must be completed and signed. (Sections 22 and 23 of Act) [NOTE: These agreements are approved forms and can be obtained from the Rental Office.]

13. TERMINATION BY NOTICE

This Tenancy Agreement may be terminated by written notice as follows:

Notice given by: Tenancy Notice Section Agreement Required of Act

Tenant Weekly At least seven days before the last day 52(1)(a) of the rental week.

Monthly At least 30 days before the last day of 52(1)(b) the rental month.

Term At least 30 days before the end of the 51(1) rental term.

Landlord who has Weekly/Monthly At least 90 days before the last day of 52(2) rented their only a period of tenancy. residence in the NWT Term At least 30 days before the end of the 51(2) rental term.

Subsidized Public Term At least 30 days before the end of the 51(3) and (4) Housing Landlord rental term unless the term is 31 days or less.

Term deemed renewed At least 30 days before the last day of 51(5) as monthly the rental month.

14. TERMINATION FOR CAUSE

The Landlord may, at any time, file an application to a rental for cause.

[NOTE: A landlord who has given notice of termination to terminate the tenancy agreement. (Section 54 of Act)]

DATED THIS DAY OF , 20

NORTHWEST TERRITORIES.

(Tenant)

(Tenant)

(Tenant)

(Tenant)

14. RÉSILIATION MOTIVÉE

Le locateur peut, à tout moment, présenter une demande pour un motif valable.

[REMARQUE : le locateur qui a donné un avis de résiliation d’obtenir un ordre de résiliation du bail. (Article 54 de

FAIT LE JOUR DE 20

TERRITOIRES DU NORD-OUEST.

(locataire)

(locataire)

(locataire)

(locataire)