4.1. Lease Signing

POLICY

All tenants residing within a DSB owned rental unit shall sign a lease for all new tenancies. 

Leases shall be renewed with in-site tenants every three years or if there is a substantial change to the Legislation, or same to household.
 

PROCEDURE

Upon meeting with a prospective tenant, DSB staff must take the time to fully explain the importance of the lease as a legally binding document.   

This explanation should include:

• That the lease is between the lessee and the DSB (person assisting a lease signing acts as an agent to the landlord)
• The unit # and address being leased
• Explain month-to-month leasing in detail (month-to-month leasing means that if the tenant wishes to give notice, the notice will be accepted at the end of the term(month), as opposed to annual leases which accept notice after the end of the year. Be sure to indicate that as per the Residential Tenancies’ Act 60 days notice is required/mandatory)
• Explain over-holding clause (#6)
• Explain lease changes (RGI base amount) and utility charges or allowances.
• If the lease commences mid-month, explain the pro-rated rent and have tenant initial
• Inclusions in rental amount as listed i.e. heat, water
• Page 2 of lease indicates the obligations of the tenant. Encourage the lessee to read through all obligations to which they will be bound. Explain the following:
  • Rent is due and payable on or before the 1st of each month
  • Tenants must declare any changes to income or household composition within 10 days
  • Annual income review documents are mandatory to retain subsidy
  • Failure to report such changes may result in loss of subsidy and/or termination of tenancy.
  • Tenants are responsible for their guests while in or about the property
  • Noise or other disturbances which cause interference with other residents will/receive 1 courtesy call only. Any further incidents may result in the landlord initiating further action through the Landlord and Tenant Board.
  • If the tenancy is on the 2nd floor, remind the resident that fire codes do not permit a barbecue on balconies.
  • Review the Smoke-free Housing clause
• Advise the tenant that the Residential Tenancies Act applies to this lease and the Housing Services Act also applies (for RGI only).
• Date and sign the lease on signature page as the landlord
• Have the tenant sign in front of a witness (if available) in both sections
• Have the witness sign the lease

Return one copy of the lease to the tenant.

ALL new tenancies must be given a copy of the Information for New Tenants sheet as provided by the Landlord and Tenant Board – this is mandatory.

Form is found at  

http://www.sjto.gov.on.ca/documents/ltb/Brochures/Information%20for%20New%20Tenants.html

Collect rent for the first month and/or the pro-rated period. Remind Tenant to retrieve keys from Custodian – see attached. 

Reference:  Rent Collection

Other forms may also be completed with the tenant at this time:

• Pre Authorized payment form
• Possession of Key form
• Pet Information form
• Changes to Key Distribution – Housing Tenancies

All keys will be given to new tenants by the Building Custodians. It is the responsibility of the IPA (Espanola) to arrange for key pick up between the tenant and the Custodian, and relay this information to all parties, including date, time, name of tenant – for key pick up, tenancy start date, and any special instructions.  This information can be discussed/determined when the lease signing appointment is relayed to the client. 

Tenants must show ID to the Custodian if they are not known to them in order to receive their keys. If a tenant requests an additional set of keys, they will still be provided with the possession of key form at lease signing which they can fill out and submit to the Main Office to receive such additional keys. 

Listed below are the names of the Custodians, the area they are responsible for, and their hours of work:

Due to vacation/staffing issues from time to time there may be modifications to the contact person for a particular area. 

All contact to the Custodians is to be done by the IPA in Espanola coordinating the move unless otherwise relayed to achieve consistent results with the process.