Legal Disclaimers and Acknowledgements
Applicant hereby certifies the information and representations provided on this form (Applicant Information) to be accurate and true and are intended to be relied upon by the Landlord in its consideration of whether to accept Applicant’s Rental Application.
Applicant acknowledges that the rent charged for the Rental Unit applied for was negotiated based on the number of occupants as set out in our application and agree to limit the number of occupants accordingly.
Applicant agrees that upon acceptance of this Rental Application by the Landlord, the Landlord and Applicant shall enter into the Government of Ontario’s standard-form residential tenancy agreement (“Residential Tenancy Agreement”) for the Rental Unit incorporating, amongst other terms, the terms in this Rental Application. In the event that a Residential Tenancy Agreement is entered into, this Rental Application will be deemed to form part of the Residential Tenancy Agreement. Any omission or misstatement by the Applicant may result in the review and/or rejection of the tenancy by the Landlord even after occupancy has been taken. It is also agreed that if this application is rejected, the Landlord shall not be required to give any reasons.
A refundable rent deposit in the amount of $500 shall be provided by the Applicant upon submission of this Application. Prior to executing the Residential Tenancy Agreement, the Applicant shall provide a second deposit equal to the difference between $500 and the last month’s rent amount and the full amount of the deposit shall be applied towards rent for the last month of the tenancy. If rent increases in accordance with provincial guidelines, the Landlord may require the Applicant to pay an additional amount to increase the rent deposit to reflect the new rent. In the event the Landlord and the Applicant have not yet entered into a Residential Tenant Agreement, the Applicant may cancel this Application and request the refund of any deposit amount paid to that date. Otherwise, in addition to any other right to damages and costs accruing to the Landlord, Applicant agrees and acknowledges that the Deposit shall be forfeited. Upon taking possession of the Rental Unit, Applicant understands and agrees that the deposit will be deemed applicable to the deposit as defined in the Residential Tenancy Agreement, or as defined by statute/law in the provincial jurisdiction of the Rental Unit.
Upon final acceptance of this Rental Application by the Landlord, the Rent Deposit shall count toward the last month’s rental deposit or upon notification of denial of this Rental Application or Applicant’s failure to secure final acceptance of this Rental Application, as set out below, the Rent Deposit shall be returned to the Applicant in full.
USE OF PERSONAL INFORMATION
In connection with this Application to Lease, Applicant consents that SmartCentres may collect, use, and disclose the personal information, as provided in this document or otherwise collected by or on their behalf by their agents, affiliates, or service providers, for the purposes of:
- considering Applicant’s application to lease and performing a background check including determining Applicant’s credit standing,
- processing pre-authorized payments if such arrangements are made,
- contacting persons with whom Applicant has disclosed to have had financial or residential dealings with,
- taking action for collection of rents in the event of default, and
CONDITIONS OF POSSESSION OF RENTAL UNIT
Applicant agrees and acknowledges that upon notification of conditional acceptance of this Rental Application, the Applicant will be required to provide the following within forty-eight (48) hours as pre-conditions to secure final acceptance:
- a signed copy of the Landlord’s Tenancy Agreement;
- payment of the remaining balance of the Rent Deposit due under the Residential Tenancy Agreement (Standard Form Lease);
- confirmation of the move-in date, as agreed between the Applicant and the Landlord; and
- a post-dated certified cheque or proof of electronic payment, payable on the first day of the proposed term of the tenancy, in the amount of First Month’s Rent plus pro-rated rent payable if:
Applicant has requested a move-in date before the start of the term in the Tenancy Agreement and the Landlord has agreed to allow this (“Move-In Funds”).
Applicant acknowledges that, unless all four of the pre-conditions are met by the deadline, conditional acceptance of the Rental Application shall be automatically revoked and a tenancy will not be created, and all amounts received by the Landlord, including the Rent Deposit and Move-In Funds, shall be returned to the Applicant in full.
Applicant further agrees and acknowledges that, Applicant will receive keys and/or access devices for the Rental Unit only after Applicant have timely provided:
- proof of a signed utility submetering agreement with the provider for the Building; and
- proof of renter’s (contents and liability) insurance with respect to the Rental Unit, effective as of the move-in date, in accordance with the Additional Terms appended to the Residential Tenancy Agreement (Standard Form Lease).
Applicant agrees and acknowledges that upon final acceptance of this Rental Application by the Landlord, Applicant shall hereby be bound to a Tenancy Agreement with the Landlord on the terms and conditions set out in this Rental Application and further shall be bound to all of the terms and conditions of a Tenancy Agreement incorporating the above terms into the Residential Tenancy Agreement (Standard Form Lease), including the Landlord’s usual Additional Terms thereto, which Applicant has been given the opportunity to review. Any omission or misstatement by the Applicants in this Rental Application may result in the termination of Applicant ‘s tenancy by the Landlord even after occupancy has been taken.
TENANT AMENITIES AND COMMON AREAS
The Applicant acknowledges and understands that other portions of the site and/or the building(s) may not be complete and/or may be under construction and/or renovation while the Applicant resides in the Rental Unit and/or building(s). The Applicant acknowledges and understands that some amenities areas including but not limited to a recreation centre, fitness centre, swimming pool, business centre, lounge area(s) and/or any other amenities and/or common areas may not be complete and/or available in the initial phases of building occupancy or during occupancy. The Applicant further acknowledges and understands that selected resident services and/or amenities may be on a trial basis only and subject to change without notice. The Applicant also acknowledges and understands that any amenities may, at some point in the future, cease to be provided in the sole discretion of the Landlord.
The Applicant understands that there may be, due to the nature of the construction and/or renovation of apartment building(s) and/or necessary repairs, the potential for substantial disruption of and interference with the reasonable enjoyment of the Rental Unit, the building(s) and/or the common areas by the Applicant and/or occupant(s) and/or guest(s) for any and all usual purposes during occupancy of the Rental Unit and/or the building(s).
Applicant hereby acknowledges and understands that the Rental Unit is considered new construction and therefore subject to certain exclusions under the Residential Tenancies Act, 2006 or any successor legislation. Applicant hereby acknowledges and understands that the Landlord or its affiliates may have submitted, or may choose to submit applications to, and received approvals from the City of Vaughan to redevelop a portion of this property and/or the adjacent properties. Applicant waives any rights, entitlement or claim to additional compensation, notice and/or assistance that might be provided to some other tenant(s) as a result of an agreement between the City of Vaughan and SmartCentres. Applicant further acknowledges and understands that a portion of this property and/or the adjacent properties may be under construction throughout the tenancy.