- COMPLIANCE: Pursuant to provisions set out in the declaration and the Act, tenants, their resident family members, guests and visitors shall be subject to and shall comply with the provisions of the Act, declaration, by-laws and rules of the Corporation which may be applicable from time to time. During the period of occupancy by the tenant, the off-site owner shall have no right of use of any part of the common elements including all Recreational Facilities as may be governed by a provision contained in the Corporation’s by-laws.
- OWNER LIABLE: Any owner leasing a suite to a tenant or tenants shall not be relieved thereby from any of the owner’s obligations with respect to the suite. All owners shall be responsible for any damage or additional maintenance to the common elements and assets of the Corporation caused by their tenant or their guests and will be assessed and charged therefore.
- COMMON EXPENSE: No tenant shall be liable for the payment of common expenses unless notified by the Corporation that the owner is in default of payment of common expenses, in which case the tenant shall deduct from the rent otherwise payable to the owner, the owner(s) share of the common expenses and shall pay that amount to the Corporation, which amount shall be deemed to constitute payment toward rent under the lease, and the tenant shall not, by reason only of such payment to the Corporation, be in default of the tenant(s) obligation under the lease, as required by s. 87 of the Act. The tenant shall not be subject to any recourse by the suite owner pursuant to the Tenant Protection Act.
- NOTIFICATION: The owner shall deliver to the tenant a copy of the declaration, by-laws and rules of the Corporation at the time of entering into a lease of a suite. The owner shall forthwith notify the Corporation that the unit has been leased or that a lease of the suite has been terminated or renewed. The owner shall provide the Corporation with the tenant(s) name and owner(s) address, together with a copy of the lease of the suite or a summary of the lease on the prescribed form, as required by s. 83 of the Act, so that the appropriate information can be inserted into the Corporation’s Lease Record. The owner shall automatically and promptly supply the documents without charge and without any request for same by the Corporation.
- FILE FORMS: A signed, dated copy of the “Residents’ Information Form” (Schedule “A”), as required by Rule A 01, and the “Tenant’s Acknowledgment” (Schedule “A”), as required by the Corporation’s declaration, together with the Summary of Lease (Schedule “C”), as required pursuant to s. 83 of the Act, all of which shall be duly completed, must be submitted by the owner to the Manager prior to occupancy of the suite by a tenant, failing which, the Corporation may deny use of an elevator for the purpose of moving furniture and other bulky items as required by Moving and Service Elevator Rules E 01 – E 11, or may deny use of any parking or loading area and may deny access to any of the common elements by the tenant. In the event the owner fails to provide such documents to the Property Manager prior to the commencement date of the tenancy, any person or persons intending to reside in the owner’s suite shall be deemed to be a trespasser. Entry to or upon the common elements and use of any elevator by such person or persons may be expressly denied by the Corporation until such person(s) and the owner comply with the provisions set out in these Rules, the declaration and the Act.
- TENANCY AGREEMENT: As a non-binding guideline only, the Corporation suggests, without liability, that a standard, current form of condominium tenancy agreement (such as the form copyrighted by the Building Industry Land Development Association or any other carefully-drafted form of condominium lease) under the Residential Tenancies Act, as amended or applicable from time to time, be used as the minimum standard in leasing a suite, subject to such amendments as the owner and tenant may deem appropriate. Only a single-family residential use of the unit is permitted, subject to compliance with the Corporation’s occupancy standard, and transient leases are prohibited, as set out in Article B 05.
- TENANTS INSURANCE: Tenants are strongly advised to obtain a tenant(s) condominium insurance policy from their insurance agent which covers personal possessions including any personal effects stored in any storage area or locker, in addition to any public liability, property damage and other forms of tenant protection insurance (since a tenant and other Residents are not protected by any of such coverage’s as may be contained in the Corporation’s insurance policies).
- INSPECTIONS: Prior to the commencement date of the tenancy, the owner and tenant shall, if requested, provide access to the suite to the Corporation’s Representative for the express purpose of inspecting the suite, including air conditioning/heating units, clothes dryer lint ducts, smoke detectors, CO2 detectors, fire alarms, electrical equipment, wires, plumbing hoses and fixtures, window latches and any other safety devices designated by the Board, to ensure that the suite has been maintained in a good state of repair in accordance with the Act, declaration, by-laws, these Rules, Building Code and Fire Code requirements, to comply with any duty, and to ensure that no unauthorized alterations, additions, improvements or partitions have been made to the suite or any exclusive use or other common elements. The owner shall forthwith comply with any notice from the Corporation requiring the owner to carry out any maintenance or repairs to the unit prior to the commencement of the tenancy. Neither the Corporation nor the Corporation’s Representative shall be obligated to undertake any such inspection, nor shall they bear any liability with respect to any such inspection or failure to conduct any such inspection.
- MOVING: All tenants are required to comply with the Corporation’s Moving and Service Elevator Rules identified in section “E” hereof.
- TERMINATION OF LEASE: In the event a tenant breaches a provision set out in the Act or the Corporation’s declaration, by-laws or rules, the Corporation may make an application to the Superior Court of Justice under s. 134 of the Act for a compliance order, damages and costs and requesting an order terminating a lease upon contravention thereof.
- ADVERTISING & SHOWING OF SUITES FOR SALE OR LEASE: No sign, advertisement or notice shall be inscribed, painted, affixed or placed on any part of the inside or outside of the buildings or common elements whatsoever without the prior consent of the Board.
Exception: The Neighbour-to-Neighbour notice boards may be used by Residents to advertise their suites for private sale or lease.]
(a) Open Houses which invite the general public for the purpose of selling a suite shall not be permitted under any circumstances.
(b) Open Houses hosted by Listing Agents exclusively for other real estate agents wishing to view a suite for sale or lease may be held, provided that such Open Houses are not advertised by sign anywhere on the common elements.
(c) Access for non-resident real estate agents attending Open Houses hosted by Listing Agents as described in (b) above shall be provided personally by the resident or by the Listing Agent appointed by the resident.
ii. Access for non-resident real estate agents wishing to show a suite for sale or lease while the resident is not at home, is described in Schedule “E”—ACCESS FOR REAL ESTATE AGENTS.
iii. Owners selling their suites privately shall personally admit the prospective purchaser or lessee into the building and the suite.
iv. Prospective purchasers or lessees must be accompanied by the Resident or the Resident’s authorized agent when viewing the recreation facilities.
vi. No Owner shall accept an Offer to Purchase a suite without including the following special RULE ADHERENCE CLAUSE:
“I/we acknowledge and affirm that I/we, the members of my/our household and my/our Visitors from time to time will, in using the units identified above and any of the common elements, comply with the Condominium Act, the Declaration, By-laws and all Rules of Metropolitan Toronto Condominium Corporation No. 570 and York Condominium Corporation No. 531.”