DEFINITIONS
LEASE AGREEMENT
for Graduate Residence
DEFINITIONS
Abandoned Goods - Goods left at the Premises by a Tenant who has
a. abandoned the Premises, or
b. vacated the Premises and whose tenancy has expired or been terminated.
Graduate Residence - Graduate Residence (Juniper House, Rockcress House, Speedwell House and Stonecrop House) located in East Campus.
Landlord - The Governors of the University of Alberta.
Premises - A studio apartment and the common areas associated with the studio apartment at the University of Alberta, Edmonton, Alberta. The term “Premises” includes all furnishings, appliances, fixtures and facilities, if any, now or hereafter placed in or upon the said building by the Landlord, bedroom and common areas with other Tenants of the building in which the Premises is located, the interior portion of said building or other leased premises, together with all exterior balconies, yard area and walkways designated by the Landlord from time to time as common areas for the common or joint use and benefit of the Tenants of said buildings.
Rent - Rent, room rates, associated fees, residence fees, Internet, interest, repair, cleaning and garbage removal fees, furniture replacement fees, improper move-out fees, key/lock change fees, proximity card replacement fees, legal fees, insufficient funds fees, re-rental fees and late payment fees (hereinafter collectively referred to as “Rent”).
Residence - The building in which the Premises are located.
Tenant - The person who has executed this Lease Agreement with the Landlord.
Residence Deposit - Money given by the Tenant to the Landlord upon acceptance of the Room Offer, in order to reserve a space.
Visitor/Guest - A person who occupies the Premises for a period of time not exceeding more than three (3) consecutive days within one (1) month up to a maximum of ten (10) days in any four (4) month period.
TERMS AND CONDITIONS
The Tenant acknowledges reading this entire document and agrees to comply with all the terms and conditions as outlined in this Lease Agreement, as well as any Community Standards and House
Rules that may be provided to the Tenant. The Residence Restorative Justice process is the preferred process for dealing with any alleged violations of this document or xxxxx to other Tenants, except in cases involving the health, safety and security of Tenants. The Tenant acknowledges that failure to positively contribute to the community or to observe any terms and conditions of this Lease Agreement, including failure to pay Rent, may lead to termination by the Landlord.
The tenancy created by this agreement is governed by the Residential Tenancies Act (the “Act”) and if there is a conflict between this agreement and the Act, the Act prevails.
All sums of money referenced in this Agreement are in Canadian Dollars.
THE LANDLORD AND THE TENANT AGREE AS FOLLOWS:
1. PREMISES
Subject to the terms of this Lease Agreement, the Landlord hereby gives the Tenant the right to occupy the Premises for the Term, as defined in Clause 2, below, and the Tenant accepts from the Landlord the right to occupy the Premises for the Term.
2. OCCUPANCY DATES AND TERM
Unless otherwise expressly agreed to in writing by the Landlord or unless terminated earlier in accordance with the terms of this Lease Agreement, the Term of this Lease Agreement (the “Term”) shall be as follows:
a. beginning with the start date stated in the Confirmation Letter provided to the Tenant; and
b. is for a fixed Term tenancy ending at 12:00 noon on 31st day of July, 2022 (the “Termination Date”).
If the Tenant wishes to remain in the Premises for an additional period beyond the Termination Date,
the Tenant must agree to a new Lease Agreement by the 16th day of April, 2022. Failure by the Tenant to execute a new Lease Agreement by 16th day of April, 2022, will serve as confirmation that the
Tenant will vacate the Premises by no later than the Termination Date. Any final decision on whether a Tenant may execute a new Lease Agreement and remain in the Premises will be made by the
Landlord, in its sole and absolute discretion. The Confirmation Letter is incorporated by reference as part of this Lease Agreement and is enforceable as part of this Lease Agreement.
The Tenant understands that the maximum Term permissible for the Premises is equivalent to four
(4) full years unless explicitly agreed to otherwise by the Landlord in writing at the Landlord’s sole and absolute discretion.
3. ACCOMMODATION
a. Room Assignment
The Landlord will assign rooms in accordance with the current assignment practice set by
Residence Services. The Landlord reserves the right to transfer or move Tenants when deemed necessary. Tenants failing to arrive within 48 hours of the specified move-in date, without informing Residence Services of the delay, will lose their room assignment.
b. Residence Deposit
Upon reservation of a space, the Tenant must pay the required Residence Deposit as specified in the Confirmation Letter in order to reserve the Premises. Failure to pay the required fees by the
date specified in the Confirmation Letter will result in the cancellation of the room assignment and the residence application.
c. Rates
All rates are subject to change. Every effort is made to ensure the rates published are correct and current. In the event of a discrepancy between the official rates and the rates published, the official rates shall prevail.
d. Room Transfers
Room transfers during the academic year will only occur if deemed necessary and the decision is left solely at the discretion of the Landlord. All transfers will result in a fee as noted on the Transfer Request Form. Approved transfer requests must be coordinated by the Landlord.
e. Maximum Occupancy
Studio apartments are restricted to a one-person maximum occupancy.
4. PAYMENTS
Rent shall be paid on the last calendar day of the month for the upcoming month. The Tenant will pay Rent to the Landlord in accordance with the posted Payment Information instructions. Outstanding
Rent owing, without a previously agreed payment plan, is considered a substantial breach of this Lease Agreement and may result in Termination by Landlord (as per Clause 12 of this Lease Agreement) and a Financial Hold being placed on the Tenant’s University record.
In the event of an unapplied credit in the Tenant’s Bear Tracks account, the credit will be applied to the oldest outstanding charges(s) on the account within the current academic term. If there are no outstanding charges, the unapplied credit will be refunded based on the University’s Fees Payment
5. LIABILITY FOR RENT AND OUTSTANDING ACCOUNTS
The Tenant shall pay to the Landlord interest at a rate equal to one-and-a-half (1.5) percent per month (18% per annum) on all outstanding Rent or other amounts payable by the Tenant to the Landlord.
a. If for any reason it is necessary to calculate the Rent for a period of less than one month, the same shall be calculated on the basis of 1/30 of the Rent being payable for each day of the month. In the event the commencement date occurs other than on the first day of the month, the first instalment of Rent paid by the Tenant in accordance with Clauses 4 and 5 shall be based on
the period from the commencement date and including the last day of the month in which the commencement date occurs.
b. If the Tenant does not take possession of the Premises or breaches any term, condition, or covenant of this Lease Agreement, prior to taking possession of the Premises one month’s rent as per Clause 4 will be forfeited by the Tenant to the Landlord.
6. RESIDENCE DEPOSIT
The Residence Deposit is held by the Landlord as a reservation fee prior to move-in. For cancellation policies on the Residence Deposit, visit xxxxxxxxx.xxxxxxxx.xx. Excluding specific circumstances outlined in the cancellation policy, the Residence Deposit is non-refundable. The Residence Deposit will be converted to a credit on the Tenant’s University account in Bear Tracks and will be applied to residence charges, including Rent, in accordance with University policy and procedure.
7. UTILITY CHARGES
The Landlord will pay for water, sewage, power, heat and all property taxes relating to the Premises, and the Tenant will pay any and all other applicable charges.
8. ADDITIONAL COVENANTS
The Tenant will:
a. use the Premises for residential purposes only and ensure that no pets or other animals, illegal drugs, illegal drug paraphernalia, flammable substances or hazardous materials (including, but not limited to, candles and incense), or appliances that pose a fire risk (including, but not limited to, space heaters, deep fryers and gas-based single element burners) are allowed in or on the
Premises.
b. ensure that no firearms, weapons (including but not limited to airsoft or paintball recreational guns, knives, swords or martial arts weaponry) or replica weapons are allowed in or on the
Premises. Possession of any weapon or replica weapon (without the express prior written consent of the Landlord) is considered a substantial breach of this Lease Agreement and may result in immediate eviction.
c. not perform illegal acts or carry on an illegal trade, business or occupation in the Premises or in the Residence.
d. not permit Visitors/Guests to stay in the Premises for longer than as set out in the definition above.
e. ensure all Visitors/Guests of the Tenant comply with all policies, procedures, and expectations communicated by the Landlord. The Landlord reserves the right to revoke visiting privileges of any individual at the sole discretion of the Landlord.
f. keep the Premises in a clean, neat and tidy condition and in good repair (including in compliance with all fire, health and insurance requirements); reasonable wear and tear is expected.
g. surrender the Premises in a clean, orderly and habitable state, reasonable wear and tear excepted, and pay any improper move-out fees, insufficient fund fees and/or late payment fees, as published and amended from time to time on the Landlord’s website.
h. comply with all applicable federal, provincial, and municipal legislation and refrain from any act and not permit others to commit any act which may or could constitute a nuisance or a disturbance to neighbours or other Tenants or cause damage to adjoining premises, the Premises or the Residence.
i. give the Landlord immediate written notice of any breakage or damage in or to the Premises, or the Residence, including but not limited to, any breakage or defect in water pipes, fire alarm systems, gas pipes, heating or air conditioning equipment, appliances, furniture or fixtures.
j. obey and observe the Community Standards and House Rules (see Clause 9).
k. not, in any significant manner, interfere with the rights of either the Landlord or other Tenants in the Premises and Residence.
l. not endanger persons or damage property in the Premises and Residence.
m. not physically or verbally abuse, assault, or threaten the staff of the Landlord or any other students, Tenants or guests.
n. cooperate with University processes and procedures to ensure timely resolution of issues, including meeting with Residence Services staff as requested.
o. report any open and vacant rooms/units to Residence Services.
p. not enter or store personal belongings in a room/unit that is unlocked, including a room within the Premises.
q. give the Landlord immediate written notice of the presence of mice, bedbugs, cockroaches,
pharaoh ants, or any other pests within the Premises, and comply with any pest control treatment instructions and procedures provided by the Landlord.
r. alert Residence Services in the event the Tenant is going to be away for a period of seven (7) days or more.
s. not conduct or arrange with a contractor any repairs, renovations or modifications to any pre-existing structure, wiring or plumbing in the Premises.
t. not install, store, use or allow third parties to install washing machines, clothes dryers, air conditioners, dishwashers, bidets, or any other appliance not previously approved in writing by the Landlord.
u. not copy, share or loan any of their keys or access cards with any other individual and not provide access to their unit/room to another person while they are away from the Premises.
9. COMMUNITY STANDARDS AND HOUSE RULES
As part of their obligations, the Tenant agrees to adhere to and comply with all Community Standards
and House Rules and all policies and procedures of the University of Alberta, including but not limited to, the Code of Student Behaviour, the Application, the Information Technology Use and Management
Policy, the Sexual Violence Policy, and the various policies, rules and regulations made from time to time by the Landlord (collectively the “Community Standards and House Rules”). The Community
Standards and House Rules, as made, amended or supplemented by the Landlord from time to time, are incorporated by reference as part of this Lease Agreement and are enforceable as part of this
Lease Agreement. By agreeing to this Lease Agreement, the Tenant acknowledges that it is the
Tenant’s responsibility to become familiar with the Community Standards and House Rules, which are updated and published on the Residence Services website.
10. STUDENT STATUS AND EMPLOYMENT BY LANDLORD
The Tenant represents and warrants to the Landlord that throughout the Term of this Lease Agreement, the Tenant satisfies one of the following pre-conditions to this Lease Agreement:
a. the Tenant is registered as a full-time student (as defined by the Office of the Registrar) at the University of Alberta; or
b. the Tenant is otherwise approved by the Landlord, in the Landlord’s sole and absolute discretion, it being understood that full-time students at the University of Alberta are given priority with respect to available accommodation.
If the Tenant fails to maintain full-time student status or status expressly approved by the Landlord at the time of the assignment to the Premises, the Tenant shall immediately notify the Landlord in writing of the change in status. The Landlord will also conduct periodic checks on the student status of all Tenants during the Term. Failure to maintain student status constitutes a substantial breach by the Tenant of this Lease Agreement, and may result in Termination by the Landlord (see Clause 12).
In addition to the above, if the Tenant is employed by the Landlord in a student leadership role and ceases to be employed in that role during the Term, the Landlord may, in its sole and absolute discretion, require the Tenant to move to a different unit or residence.
11. TERMINATION OF TENANCY BY TENANT AFTER TAKING OCCUPANCY
a. If the Tenant elects to terminate this Lease Agreement prior to the end of the Term, the Tenant must pay the full Rent up to the end of the Term, which will include all amounts owing as Rent, any re-rental fees and other amounts payable.
b. The Tenant may terminate this Lease Agreement prior to the end of the Term, by giving the
Landlord written notice of their intention to do so (using the “Notice to Vacate” form) on or before the first day of the tenancy month to be effective on the last day of that tenancy month. The
Tenant will be required to meet with Residence Services staff when completing the Notice to Vacate form.
c. The Tenant must move out of the Premises and return all keys and access cards where applicable before 12:00 noon on the date indicated on the Notice to Vacate and no later unless previously agreed to in writing by the Landlord. Failure to return all keys and access cards will result in the
Tenant being charged an improper move out fee in addition to all other applicable charges and amounts owing.
12. TERMINATION BY LANDLORD
If the Tenant fails to adhere to the Community Standards and House Rules, or fails to perform and observe any of the terms or conditions of this Lease Agreement, the Landlord, at its option and in its sole discretion, may take steps to terminate the Term created by this Lease Agreement by giving the Tenant written notice of the Landlord’s intention to do so, and/or may pursue any and all of its rights and remedies under this Agreement or at law. After such notice and the expiration of the notice period provided for therein, or immediately upon the abandonment of the Premises by the Tenant, the
Landlord may re-enter the Premises and the Tenant shall have no further rights or interest in the Premises. The Tenant is liable to pay all legal costs incurred by the Landlord in enforcing the
provisions of this Lease Agreement including obtaining possession of the Premises.
13. INSPECTIONS, DAMAGE AND CLEANING CHARGES
The Landlord may, at its option and in its sole discretion, complete an annual inspection and make any repairs to the Premises that it considers necessary or appropriate.
Repairs or cleaning carried out by the Landlord that are necessary due to the willful act(s) or negligence of the Tenant or anyone permitted by the Tenant to be upon the Premises or Residence, or for whom the Tenant is responsible, shall be carried out by the Landlord and may be at the expense of the Tenant. Charges for damages shall be paid by the Tenant to the Landlord within fourteen (14) days following demand by the Landlord.
14. SMOKING REGULATIONS
The Premises and the Residences are designated non-smoking areas. Smoking of any substance, within the Premises or anywhere else in the Residence is strictly prohibited. Smoking is also
prohibited within ten (10) meters of doors, windows and fresh air intakes of Residences. Pursuant to University of Alberta policy, these smoking regulations also apply to e-cigarettes.
15. SMUDGING IN RESIDENCE
As a Treaty 6 territory, students in University of Alberta residences may pray/smudge in their rooms/units as per the University’s Ceremony Guidelines.
16. MAINTENANCE REQUEST
The Tenant agrees to submit an online Maintenance Request for any required repairs.
17. LANDLORD’S RIGHT OF ENTRY
Landlord authorized personnel will enter the Premises without prior notification if there are
reasonable grounds to believe that an emergency requires the Landlord to enter the Premises, or that the Tenant has abandoned the Premises. For all other reasons the Landlord will obtain consent or
provide the Tenant with twenty-four (24) hours’ notice.
18. INSURANCE
It is strongly recommended that the Tenant take steps to ensure that all of the Tenant’s personal
effects in the Premises (including all Residence buildings) are covered for all risks of physical loss or damage by their own personal tenant's insurance policy. The Tenant is urged to obtain personal insurance that covers:
a. All risks of physical loss or damage to the Tenant’s own personal property; and
b. The Tenant’s legal liability for causing physical loss or damage to the property of others, University property, or for causing bodily injury to others.
Insurance may be available as an extension of the Tenant’s family’s home insurance policy, or, if this is not an option, the Tenant should obtain his or her own personal tenant's insurance policy. Pursuant to this Agreement, the Landlord will not be responsible for any loss or damage incurred to the
Tenant’s personal effects.
19. INDEMNIFICATION PROVISION
Notwithstanding any other provision of this Lease Agreement, the Tenant shall be liable to the Landlord for and shall indemnify and hold harmless the Landlord from and against any and all
liabilities, claims, suits, costs, damages, amounts penalties and expenses (and without limiting the
generality of the foregoing, any direct losses, costs, damages, and expenses of the Landlord including costs as between a solicitor and his own client) of any nature whatsoever which may be brought or made against the Landlord, or which the Landlord may pay or incur as a result of or in connection with:
a. any breach, violation, or nonperformance of any covenant, condition, or agreement in this Lease Agreement set forth and contained on the part of the Tenant to be fulfilled, kept, observed, and performed;
b. any damage to property, including property of the Landlord, occasioned by the Tenant, any authorized occupants, or their Visitors/Guests or by their use or occupation of the Premises, common areas or Residence; or
c. any injury to person or persons, including death resulting at any time therefrom, occasioned by the Tenant, any authorized occupants, or their Visitor/Guest or by their use or occupation of the
Premises, or Residence, such indemnity and save harmless to survive the expiration or termination of the tenancy hereunder. For the purposes of this Clause, Visitors/Guests means anyone
permitted by the Tenant to be upon the Premises, common areas, and Residence or for whom the Tenant is responsible.
20. FORCE MAJEURE
To the extent that the Landlord is unable to fulfill, or is delayed or restricted in fulfilling, its obligations under this Lease Agreement by any cause beyond its reasonable control, the Landlord shall be
relieved from the fulfillment of its obligations during that period and you shall not be entitled to any reduction in fees or compensation as a result thereof. Without restricting the generality of the
foregoing, the Landlord shall not be responsible for failing to meet its obligations under this Lease Agreement due to a strike by its employees, a lock‐out of employees by the University and/or any other form of job action or labour unrest, or due to acts of God, including but not limited to fires, floods, earthquakes, intervention by civilian or military authorities, acts of war, acts of terrorism,
public health emergencies, whether localized, national or international (including public health issues associated with the ongoing COVID-19 pandemic), unusually destructive or disruptive storms, or new or amended federal, provincial or local laws, regulations, bylaws or policies.
21. WAIVER
Failure of the Landlord to exercise any right given it under the terms of this Lease Agreement shall not be construed as a waiver by the Landlord of that right or breach or of any subsequent breach by the Tenant. Violation of this Lease Agreement will be dealt with as a breach of this Lease Agreement.
22. LIABILITY OF LANDLORD
The Landlord, its agents, servants and employees shall not be liable or responsible in any way for:
a. any loss, injury, illness death or damage to persons, or property belonging to the Tenant or to any other person including any property entrusted to the care or control of the Landlord, its agents, servants, or employees; or
b. any consequential or indirect damages or personal or consequential injury or illness of any nature whatsoever that may be suffered or sustained by the Tenant, any agent or invitee of the Tenant or any other person who may be upon the Premises, common areas, adjoining premises, the
Residence or the property of which the Premises forms a part;
as a result of any cause whatsoever, including without limitation, negligence, willful misconduct or gross neglect of the Landlord its agents, servants, employees, or contractors.
23. ABANDONED GOODS
The Landlord is not responsible for Abandoned Goods. The Landlord will dispose of Abandoned Goods as per the specified process adopted by the Landlord and section 31 of the Residential
Tenancies Act. Any costs incurred by the Landlord to move, store and/or dispose of the Abandoned Goods will be charged to the Tenant.
24. NOTICES
Any notice by the Tenant to the Landlord shall be sufficiently given if delivered in writing to Residence Services, University of Alberta, Xxxxxxxx, Xxxxxxx, X0X 0X0, or to such other address as might be designated in writing by the Landlord from time to time. Any notice by the Landlord to the Tenant shall be sufficiently given if delivered to the Tenant at the Premises or as outlined in the University of
Alberta Electronic Communication Policy for Students and Applicants.
25. RESIDENCE ASSOCIATION FEE
Upon becoming a Tenant hereunder, if applicable, the Tenant becomes a member of the Residence Association, and must pay such fees as are determined by the Students' Union and/or Residence Association, and approved by the Board of Governors. Such fees are paid by the Tenant to the
Landlord in trust for the Students' Union upon acceptance of the residence reservation.
Tenants who would like to terminate membership may contact their Residence Association or Students' Union directly. The Landlord shall not be responsible for processing any refund of
Residence Association fees collected pursuant to this Lease Agreement to which the Tenant may be entitled. Any such refund must be obtained through the Residence Association or Students' Union directly.
By signing this Lease Agreement, you consent to and agree that the Landlord may share your contact information with your respective Residence Association through the Students’ Union.
Further information about the Residence Associations and the Students' Union can be found at
xxx.xxxxxxxxx.xxxxxxxx.xx/xxxxxxx-xxxxxxxxx/xxxxxxxxx-xxxxxxxxxxxx
26. ELECTRONIC CONTRACT AND GOVERNING LAW
The Tenant acknowledges that they have reviewed this Lease Agreement and any applicable policies and procedures including the Community Standards and House Rules and that this Lease Agreement meets the requirements for electronic contracting in the jurisdiction where the Premises is located and they expressly acknowledge receipt of a copy of this Lease Agreement. The Tenant expressly consents to contracting electronically with the Landlord. The parties have required that this Lease Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s`y rattachent soient rédigés en anglais. This
Lease Agreement shall be governed by the laws in force in the Province of Alberta and the laws of Canada applicable therein.
27. RESNET WIRELESS SERVICE
Wireless network service is broadcast in all University of Alberta residence buildings (except East
Campus Houses). The Tenant agrees that any student owned or third party device interfering with the wireless network signal must be switched off. Tenants that choose to subscribe to a third party
Internet Service Provider (ISP) are instructed to ensure that the wireless feature of the third party router or switch must be turned off at all times.
28. INVALIDITY
If any term, covenant, or condition of this Lease Agreement is found to be invalid or unenforceable, the remainder of this Lease Agreement shall not be affected thereby and shall be enforceable to the extent permitted by law.
29. GENDER LANGUAGE AND JOINT/SEVERAL LIABILITY
Whenever the plural is used the same shall be construed as meaning the singular and vice versa. In cases where gendered language is used, the masculine shall be construed as meaning the feminine as the sex or context requires; the masculine or feminine shall also be construed as meaning
non-binary gender identities as appropriate. If this Lease Agreement is entered into by more than one person, all covenants and agreements in this Lease Agreement shall apply jointly and severally.
This document was produced by Residence Services, University of Alberta, Xxxxxxxx, Xxxxxxx Xxxxxx X0X 0X0 Revised May 2021.
The personal information requested as part of the Residence application process has been collected
under the authority of Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act and will be protected under Part 2 of that Act. It will be used for the purpose of administering student housing and upon graduation for alumni engagement and philanthropic activities. Questions concerning the collection, use or disposal of this information should be directed to our FOIPP Liaison Officer at xxxxxxx@xxxxxxxx.xx