Short-Term Lease Agreement - Template, Sample Form Pro · EN-CA-law

SHORT-TERM VACATION RENTAL (TRANSIENT OCCUPANCY) AGREEMENT

(Province of ________)

This short-term vacation rental agreement (hereinafter the "Agreement") is made and entered into as of ________ (the "Effective Date"), by and between:

________, having an address at:

________

(hereinafter referred to as the "Lessor")

and

________, having an address at:

________

(hereinafter referred to as the "Guest")

(the Lessor and the Guest are hereinafter referred to collectively as the "Parties" and individually as a "Party").

RECITALS

WHEREAS the Lessor is the owner of, or otherwise has the lawful right to grant short-term occupancy of, the freehold real property described herein;

AND WHEREAS for purposes of convenience the Lessor authorizes the following party to manage the Property and act on the Lessor's behalf in connection with this Agreement:

________

(hereinafter referred to as the "Authorized Party"). The Authorized Party may be deemed to act in the place of the Lessor for the purposes of this Agreement where required or permitted;

AND WHEREAS the Lessor wishes to grant a temporary, short-term licence to occupy such property on a transient basis;

AND WHEREAS the Guest wishes to occupy such property on the terms and conditions set forth herein, and the Parties intend that the relationship created hereby shall constitute a licence for transient occupancy and shall not constitute a residential tenancy;

NOW THEREFORE in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§ 1. GRANT OF LICENCE TO OCCUPY

1.1 The Lessor hereby grants to the Guest, and the Guest hereby accepts, a personal, non-exclusive, non-transferable licence to occupy on a short-term transient basis the real property located at:

________

(hereinafter referred to as the "Property").

1.2 The Property is furnished and includes the following:

________

1.3 The Parties acknowledge and agree that this Agreement creates a licence for transient occupancy only and is not a residential tenancy agreement, and accordingly is not intended to be governed by the residential tenancies legislation of the Province identified above.

§ 2. TERM

2.1 This Agreement will begin on ________ at ________ (the "Check-In Date") and end on ________ at ________ (the "Check-Out Date"). The period from the Check-In Date to the Check-Out Date is referred to herein as the "Term".

2.2 The Guest must vacate the Property by the Check-Out Date, unless the Lessor and the Guest both agree in writing to extend the Term.

2.3 Time is of the essence of this Agreement.

§ 3. RENTAL RULES

3.1 The Guest agrees to abide by the following rental rules at all times during the Guest's stay at the Property:

________

3.2 The Guest shall ensure that any person the Guest permits onto the Property also abides by these rental rules, and the Guest shall be responsible for any breach thereof.

§ 4. RENTAL RATES, FEES & SECURITY DEPOSIT

4.1 A security deposit in the amount of $________ (________) is required. The security deposit will be due ________.

4.2 Provided there are no deductions required by reason of damage to the Property or furnishings, excessive dirt or other mess requiring additional cleaning, or any other cost incurred by the Lessor in consequence of the Guest's stay, the security deposit will be refunded within the following period after the Check-Out Date: ________. Where deductions are necessary, the Lessor will provide the Guest with an itemized statement describing the charges and return any balance of the security deposit remaining, if any.

4.3 The Guest shall pay a rental fee of $________ (________) per night. The rental fees will be due as follows:

________

4.4 The cancellation policy is as follows:

________

4.5 All amounts payable under this Agreement are exclusive of applicable taxes. The Guest shall pay any goods and services tax (GST), harmonized sales tax (HST), provincial sales tax, municipal accommodation tax, or other tax or levy lawfully chargeable in connection with this Agreement. The Lessor's GST/HST registration number (if applicable) is ________.

§ 5. ACCESS

5.1 The Guest may not unreasonably withhold consent to the Lessor entering the Property from time to time to inspect the Property; make necessary or agreed repairs, decorations, alterations or improvements; supply agreed services; or exhibit the Property to prospective or actual purchasers, mortgagees, guests, tenants, workers or contractors.

5.2 The Lessor may enter the Property at any time for the protection or preservation of the Property. For the purpose of repair, the Lessor may enter upon reasonable notice and at a reasonable time, where reasonable notice means notice given at least 24 hours prior to entry, and a reasonable time means between the hours of 7:30 a.m. and 8:00 p.m. The Lessor may also enter:

I) with the consent of the Guest;

II) in case of emergency; or

III) where the Guest unreasonably withholds consent.

5.3 The Lessor shall not abuse the right of access nor use it to harass the Guest.

§ 6. TERMINATION

6.1 Should the Guest breach any term of this Agreement, the Lessor may terminate this Agreement immediately and without notice. Upon any such breach the Guest waives all rights under this Agreement and shall vacate the Property immediately upon the Lessor's request.

6.2 Where the Lessor finds damage to the Property amounting to a monetary cost in excess of any security deposit or rental fees, the Lessor may pursue all lawful avenues for recovery.

§ 7. MAINTENANCE & REPAIR

7.1 The Guest shall maintain the Property in a good and clean condition and use the Property lawfully. The Guest shall leave the Property in the condition in which it was found at the commencement of the Term, reasonable wear and tear excepted.

7.2 Where the Guest has left the Property in a condition requiring additional maintenance or repairs, the Guest shall pay the cost of such maintenance or repairs. Any delay in everyday maintenance or repairs for reasons beyond the Lessor's control during the Term shall have no effect on the Guest's obligations under this Agreement.

§ 8. ADDITIONAL GUESTS

The Guest may have additional overnight visitors at the Property only with the prior permission of the Lessor. An additional charge may apply.

§ 9. PET POLICY

The pet policy for the Property is as follows:

________

§ 10. SMOKING

The smoking policy for the Property is as follows:

________

§ 11. TRASH

The Guest shall dispose of trash in the following place and manner:

________

§ 12. USE OF PROPERTY

This Agreement is for transient occupancy of the Property only. The Guest may not establish the Property as a residence, permanent household or principal residence, nor occupy the Property on the basis of a tenancy. Under no circumstances shall the relationship between the Parties be construed as that of landlord and tenant.

§ 13. FIREARMS & HAZARDOUS MATERIALS

The Guest shall not bring or keep any firearms, fireworks or other flammable or hazardous materials on the Property.

§ 14. ILLEGAL USE

The Guest shall not use the Property for any unlawful purpose, including but not limited to illegal drug use, harbouring a fugitive, prostitution, or the abuse of any person or animal. Any such use shall constitute cause for immediate termination of this Agreement.

§ 15. FIRE ALARMS & SMOKE DETECTORS

If the Guest notices any deficient activity, such as beeping, from any fire alarm or smoke detector on the Property, the Guest shall notify the Lessor immediately. The Guest shall not otherwise tamper with, disable or remove any fire alarm or smoke detector on the Property.

§ 16. INTERNET

Internet access is provided as a courtesy and convenience only and is not a term of this Agreement. No refund of any payment or fee will be given in respect of Internet outages, speed or access problems.

§ 17. PARKING

The parking policy for the Property is as follows:

________

The Guest agrees to park only in the designated areas and to abide by any parking rules established by the Lessor. The Lessor is not responsible for any damage to or theft of any vehicle, or any property contained therein, parked on or near the Property.

§ 18. INSURANCE

The Lessor's insurance does not cover the Guest's personal property. The Guest is encouraged to obtain insurance covering the Guest's personal property and any liability arising from the Guest's use of the Property. The Lessor is not responsible for any loss, damage or theft of the Guest's personal property during the Term.

§ 19. MAXIMUM OCCUPANCY

The maximum number of persons permitted to occupy the Property at any time during the Term is as follows:

________

The Guest shall not permit the Property to be occupied by more than the maximum number of persons set forth above without the prior written consent of the Lessor. Exceeding the maximum occupancy may result in additional charges or immediate termination of this Agreement at the Lessor's discretion.

§ 20. UTILITIES

The Lessor is responsible for arranging and paying for all utilities, except as otherwise set out as follows:

________

§ 21. QUIET ENJOYMENT

The Lessor shall not interfere with the Guest's peaceful use and quiet enjoyment of the Property during the Term, subject to the Lessor's rights of access set out herein.

§ 22. CONDITION OF PROPERTY

The Property will be made available in a condition fit for occupation with reasonable safety.

§ 23. ALTERATIONS & IMPROVEMENTS

The Guest shall not make any alterations, additions or improvements, or undertake any construction, to or upon the Property.

§ 24. ASSIGNMENT & SUBLET

The Guest shall not assign or sublet this Agreement, nor grant any licence to use the Property or any part thereof, without the prior written consent of the Lessor. Consent to any one assignment, sublet or licence shall not be deemed consent to any subsequent request. Any assignment, sublet or licence without the Lessor's prior written approval shall be null and void and may, at the Lessor's option, terminate this Agreement.

§ 25. INDEMNIFICATION & LIMITATION OF LIABILITY

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§ 26. MODIFICATION

No modification of this Agreement shall be binding upon the Lessor unless in writing and signed by the Lessor. The modification of any part or subpart of this Agreement shall have no effect on any other part or subpart, and the remainder of the Agreement shall remain in full force and effect.

§ 27. NOTICE OF INJURIES

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§ 28. ITEMS LEFT BEHIND

Any items left behind by the Guest will be held for approximately six (6) months, and reasonable efforts will be made to contact the Guest for their return. The Lessor is not responsible for such items. If they are not claimed within six (6) months, the Guest forfeits all right to such items, and the Lessor shall not be liable for their disposal.

§ 29. SEVERABILITY

If any part or subpart of this Agreement is held to be invalid or unenforceable by court order, judgment or other operation of law, the remaining parts and subparts shall remain valid and enforceable to the fullest extent permitted by law.

§ 30. NO WAIVER

The failure of the Lessor to enforce strict performance of any part or subpart of this Agreement shall not be construed as a waiver of the Lessor's right to enforce the same part or subpart at a later time, or to enforce any other part or subpart.

§ 31. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, understandings and agreements, whether written or oral.

§ 32. GOVERNING LAW & JURISDICTION

This Agreement will be governed by and construed exclusively in accordance with the laws of the Province of ________ and the laws of Canada applicable therein. For any litigation arising from this Agreement, the Parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of ________, and to any other court having jurisdiction over a Party solely to enforce a judgment of a court of the said Province. Neither Party may seek to enforce an order originating in any court other than the courts of the said Province.

§ 33. NOTICES

Notices given under this Agreement or other applicable law will be given in writing. Notices by the Guest to the Lessor will not be considered complete until actually received by the Lessor at the address listed at the head of this Agreement. The Lessor or the Lessor's agents, including any property managers, secretaries or assistants, shall accept demands and/or service of process at the same address. Notices by the Lessor to the Guest shall be deemed delivered when deposited in the mail addressed to the Property, hand-delivered, or placed in the mailbox of the Guest at the Property, or when addressed to a last-known address of the Guest as follows: ________.

§ 34. COUNTERPARTS & ELECTRONIC EXECUTION

This Agreement may be executed in counterparts, including by electronic signature and electronic transmission, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.

SIGNATURES

IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective Date.

LESSOR

________________________________ (signature)

Name: ________

Date: ________

________________________________ (witness signature)

Witness Name: ________

GUEST

________________________________ (signature)

Name: ________

Date: ________

________________________________ (witness signature)

Witness Name: ________