2.1 – Basic Rent

means the Basic Monthly Rent amount set out in Article 1.4 to this Lease, subject to increase in accordance with Article 4.9 hereof and the Mobile Home Sites Tenancies Act.

2.2 – Common Areas

means those areas of the Mobile Home Site Community which are controlled by the Landlord and used for access by the Tenant to the Mobile Home Site or for the service or enjoyment of the tenants of the Mobile Home Site Community.

2.3 – Fixed Term Tenancy

means a tenancy for a term that ends on a date specified in the Lease.

2.4 – Interest Rate

means an annual rate of interest equal to the lesser of eighteen percent (18%) per annum and the maximum rate permitted by applicable law on all amounts required to be paid by the Tenant hereunder. For greater certainty, this definition of Interest Rate is distinct and separate from the Security Deposit Interest Rate defined herein.

2.5 – Lease

means this Lease, Schedule A, Schedule B, Schedule C, Schedule D, Schedule E, the Rules and Regulations then in effect, and every other properly executed instrument which by its terms amends, modifies or supplements this Lease.

2.6 – Landlord

means:

• the entity named as such in this Lease who is the owner and/or property manager of the Mobile Home Site Community, which includes the Mobile Home Site, and who permits the occupation of the Mobile Home Site under this Lease;
• the successors in title of the owner; and
• the person entitled to possession of the Mobile Home Site, other than the Tenant, and who attempts to enforce any of the rights of the Landlord under this Lease or the Act.

2.7 – Mobile Home

means the mobile home owned by the Tenant and described in the Article 1.3 to this Lease, whether ordinarily equipped with wheels or not, that is constructed or manufactured to be moved from one point to another, and is intended to be occupied by one or more persons.

2.8 – Mobile Home Site

means the mobile home site described in Article 1.2 to this Lease, which is rented or intended to be rented as a mobile home site for the purpose of being occupied by a mobile home where the mobile home is used for residential purposes, together with the patio area, driveway and contiguous parking space(s), if any, and the lawn area, all of which the Tenant shall be required to maintain in accordance with the Rules and Regulations. The Mobile Home Site does not have any fixed boundaries or lot lines and the actual size of the Mobile Home Site may vary from time to time.

2.9 – Mobile Home Sites Tenancies Act or the Act

means the Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20, and includes all regulations made pursuant to such statute and the provisions of any statute or regulation which amends, supplements or supersedes any such statute or regulation.

2.10 – Periodic Tenancy

means (i) a tenancy under a tenancy agreement that is renewed or continued without notice, and (ii) with respect to a Fixed Term Tenancy that contains a provision allowing for renewal or continuation of the tenancy without notice, that part of the tenancy that arises after the end of the fixed term.

means the Pro Rata Rent amount set out in Article 1.5 to this Lease, which will be due by 5:00 pm when the Tenant takes occupancy of the Mobile Home Site on a date other than the 1st day of the month.

means the aggregate of all amounts payable by the Tenant pursuant to any provision of this Lease.

means the Rules and Regulations described in Article 9, as may be revised, amended, modified, or replaced from time to time.

means the amount set out in the Basic Terms to this Lease to be paid or given by the Tenant to the Landlord or to anyone on the Landlord’s behalf to be held by or for the Landlord as security for the performance of an obligation or the payment of a liability by the Tenant.

means the prescribed rate of interest on the Security Deposit as set out in the Act.

means the prescribed rate of interest on the Security Deposit as set out in the Act.

• the person or persons named as such in this Lease, who is or are permitted to occupy the Mobile Home Site under this Lease and, if that person or persons die, the personal representatives and heirs of that person; or
• if the tenancy was assigned in accordance with this Lease and the Act, a person or persons permitted to occupy the Mobile Home Site under the assignment and, if that person or persons die, the personal representatives and heirs of that person.

This is a Fixed Term Tenancy. The Tenant shall occupy the Mobile Home Site for a fixed term, beginning at 12:00 o’clock noon on the Commencement Date, and expiring at 12:00 o’clock noon on the Expiry Date.

means a transfer as defined in Article 11.1.

3.1 – Grant of Lease

In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, kept, observed and performed, the Landlord hereby demises and leases the Mobile Home Site to the Tenant, and the Tenant accepts the Mobile Home Site from the Landlord to have and to hold during the Term, subject to the terms and conditions of this Lease and the Act.

3.2 – Delayed Possession

If the Landlord is unable to deliver possession of the Mobile Home Site due to the failure or refusal of a previous occupant to vacate the Mobile Home Site or for any other reason beyond the Landlord’s control, the Term shall commence when the Landlord is able to give possession and the Landlord will not bear any liability whatsoever for its inability to deliver possession.

4.1 – Basic Rent

The Tenant covenants to pay monthly Basic Rent to the Landlord, in advance, on the first (1st) day of each month of the Term, beginning on the Commencement Date and continuing on the first (1st) day of each month thereafter during the entire Term without exception.

4.2 – Monthly Charges

The Tenant also covenants to pay to the Landlord, in advance, on the first (1st) day of each month of the Term, beginning on the Commencement Date and continuing on the first (1st) day of each month thereafter during the entire Term, without exception, as Additional Rent:

• all utilities (including but not limited to gas, oil, water, electricity), services (including but not limited to sewer, garbage, recycling), and other similar charges in connection with the Mobile Home Site and/or the Mobile Home;
• all taxes, charges or other rates levied against the Mobile Home and/or the Mobile Home Site; and
• any other charges relating to the Mobile Home and/or the Mobile Home Site.

4.3 – Utilities

The Landlord and Tenant agree that (i) if the Tenant is billed directly for utilities consumption or use directly by the appropriate utility authority, the Tenant shall pay any such billings promptly when due; and (ii) in the event that separate meters are not installed for the Mobile Home Site and the Landlord does not require the Tenant to install such separate meters, or for any reason the Tenant is not billed for utilities consumption directly by said authority, the Landlord shall allocate to the Tenant on such basis as the Landlord considers reasonable, a share of the total utility consumption for the Mobile Home Site Community.

4.4 – Method of Payment

All Rent shall be paid when due by Tenant Pay to account #RNT__________________ unless otherwise directed by the Landlord.

4.5 – Administrative Costs for Late Payments

Rent payments received after 12:00 o’clock p.m. (noon) on the first (1st) day of each month during the Term, or on the first (1st) day of the Term, as the case may be, or any other payments not paid on the date due, shall be deemed to be overdue and subject to an administration fee of fifteen ($15.00) dollars plus two ($2.00) dollars per day for each day in the initial month the rent remains outstanding. The charge shall be increased by an additional two ($2.00) dollars per day per month for each subsequent month the rent payment continues to remain outstanding.

4.6 – Interest on Late Payments

Any payments not paid on the date due shall be deemed to be overdue and subject to interest at the Interest Rate, compounded monthly, until paid in full.

4.7 – Returned Cheques Fees

Any returned cheque, whether for or on account of any Rent payment or other charge under this Lease, and including any cheque for payment of Basic Rent or Additional Rent, will be subject to a charge of twenty-five ($25.00) dollars. If a Tenant’s cheque is not honoured for any reason then thereafter for a period of six (6) months the Tenant shall pay all Basic Rent, Monthly Charges, Administrative Costs for Late Payments, Returned Cheque Fees, Default Charges, and Interest by money order only.

4.8 – Rent Generally

All amounts payable by the Tenant under this Lease, including but not limited to Basic Rent, Monthly Charges, Administrative Costs for Late Payments, Returned Cheque Fees, Default Charges, and Interest shall be deemed to be Rent and shall be payable and recoverable as Rent in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Rent. Tenant shall pay the Rent to Landlord, in legal tender of the jurisdiction in which the Mobile Home Site is located, without deduction or set off, as a covenant independent of all other covenants of the Landlord or the Tenant in this Lease. The Tenant’s obligation to pay Rent shall survive the expiration or earlier termination of this Lease.

4.9 – Notice of Increase

Written notice shall be given to the Tenant, in accordance with the Act, before Basic Rent chargeable hereunder is increased or any additional fees, charges or assessments are imposed.

5.1 – Consent

Except as otherwise permitted in this Lease or the Act, the Landlord shall not enter the Mobile Home Site without the consent of the Tenant or of an adult person lawfully on the Mobile Home Site.

5.2 – Entry by Landlord

Notwithstanding Article 5.1, the Landlord is entitled to enter the Mobile Home Site without consent or notice if the Landlord has reasonable grounds to believe that:

• an emergency requires the Landlord to enter the Mobile Home Site; or
• the Tenant has abandoned the Mobile Home Site.

5.3 – With Notice

Notwithstanding Article 5.1, provided the Landlord meets the conditions of entry set out in the Act, the Landlord is entitled to enter the Mobile Home Site, without consent, but after notice to the Tenant, in writing, signed by the Landlord or the Landlord’s agent, stating the reason for the entry, and name a date and time of entry, to:

• inspect the state of repair of the Mobile Home Site;
• make repairs to the Mobile Home Site;
• show the Mobile Home Site to prospective purchasers or mortgagees of the Mobile Home Site; or
• show the Mobile Home Site to prospective tenants after the Landlord or the Tenant has served notice of termination of a Periodic Tenancy or during the last month of a Fixed Term Tenancy.

5.4 – No Release

No entry by the Landlord onto the Mobile Home Site shall constitute a re-entry by the Landlord or an eviction of the Tenant or entitle the Tenant to any abatement of Rent.

6.1 – Landlord’s Covenants

The Landlord covenants that:

• Subject to Article 3.2, the Mobile Home Site will be available for occupation by the Tenant at the beginning of the Term set out herein;
• subject to Article 5, neither the Landlord nor any person having a claim to the Mobile Home Site under the Landlord will in any significant manner disturb the Tenant’s possession or peaceful enjoyment of the Mobile Home Site;
• at the commencement of the Term, the Mobile Home Site will be sound and fit; and
• throughout the Term, the Landlord shall take all reasonable steps to maintain the Mobile Home Site sound and fit, to maintain the Common Areas habitable and in good repair, to maintain all electric, plumbing, sanitary, heating, fuel and other facilities supplied by the Landlord sound and fit for the purposes for which they are intended, to provide for, or ensure the provision of means for, the removal or disposal of garbage at reasonable intervals, and to maintain proper access to the Mobile Home Site.

6.2 -Tenant’s Covenants

The Tenant covenants that:

• all Rent will be paid when due;
• the Tenant, his heirs, successors, assigns, sublessees, invitees and licensees and any other person who may be on or about the Mobile Home Site Community at the Tenant’s invitation (all of whom are collectively referred to in this Article 6.2 as the “Tenant”) will not, in any significant manner, interfere with the rights of the Landlord on or about the Mobile Home Site, the Common Areas or the Mobile Home Site Community of which they form a part;
• the Tenant will not, in any significant manner, interfere with the rights of other tenants of the Landlord;
• the Tenant will not perform illegal acts or carry on an illegal trade, business or occupation on the Mobile Home Site, the Common Areas or the Mobile Home Site Community of which they form a part;
• the Tenant will not endanger persons or property on the Mobile Home Site, the Common Areas or the Mobile Home Site Community of which they form a part;
• the Tenant shall not do or allow anything to be done by any occupants, or guests or pets of Tenant which would interfere with the quiet enjoyment and safety of other tenants, the Mobile Home Site Community, and the Common Areas. Without limiting the generality of the foregoing, the following shall be deemed to be interferences with the quiet enjoyment of and safety of other tenants, the Mobile Home Site Community and the Common Areas:
  • discharging or threatened use of firearms or other weapons, including bows and arrows;
  • the infliction or threatened infliction of bodily harm to any person;
  • violation of any applicable municipal, federal or provincial law or regulation on the Mobile Home Site or within the Mobile Home Site Community; and
  • operation of any equipment or machinery which may result in serious property damage or which is disturbing other residents.
• the Tenant will not do or permit significant damage to the Mobile Home Site, the Common Areas or the Mobile Home Site Community of which they form a part;
• the Tenant will maintain the Mobile Home Site and any property rented with it in a reasonably clean condition and in accordance with the Rules and Regulations and all applicable municipal, provincial, and federal laws and regulations;
• the Tenant will observe all of the Rules and Regulations of the Mobile Home Site Community then in effect;
• the Tenant will not engage in or allow criminal activity, including, but not limited to prostitution, street gang activity, threatening or intimidating actions, or drug-related activity on the Mobile Home Site or the Mobile Home Site Community;
• The Tenant shall procure a manufactured home comprehensive insurance policy insuring against loss, damage, and public liability for personal injury and other damages which may occur at the Mobile Home Site or the Mobile Home and furnish a copy of such policy to the Landlord upon request; and
• the Tenant will vacate the Mobile Home Site at the expiration or termination of the tenancy as set out herein.

7.1 – Inspections

Subject to the Act, the Landlord and the Tenant shall, within one (1) week before or after the Tenant takes possession of the Mobile Home Site and within one (1) week before or after the Tenant gives up possession of the Mobile Home Site, complete an inspection of the Mobile Home Site, and the Landlord shall provide the Tenant with a report of the inspection that describes the condition of the Mobile Home Site.

7.2 – Installation

The Landlord reserves the right to approve the Mobile Home before it is permitted to be placed in the Mobile Home Community. The Tenant agrees that the Mobile Home shall be installed in accordance with the Rules and Regulations, the manufacturer’s installation specifications and any other reasonable requirements of the Landlord. The Landlord has the right to supervise the installation and removal of the Mobile Home in order to protect the Mobile Home Site Community, the property of the Landlord, and the property of other residents, occupants and guests of the Mobile Home Site Community. The Tenant agrees to fully reimburse the Landlord for all damages caused by the installation or removal of the Mobile Home. If the Landlord is required to remove the Mobile Home from the Mobile Home Site for any reason, including but not limited to the Tenant’s abandonment or for breach of this Lease, the Tenant shall be responsible for all expenses incurred by the Landlord, including but not limited to moving costs, storage fees, and legal fees on a solicitor client full indemnity basis, incurred in removing the Mobile Home, any occupants and/or personal property from the Mobile Home Site.

7.3 – Improvements

The Tenant shall not make any improvements or alterations, including landscaping, to the Mobile Home or the Mobile Home Site without the prior written consent of the Landlord. Any building permits which may be required by local government must be obtained by the Tenant, at its own cost, and copies of such permits must be provided to the Landlord prior to any work. All improvements and/or alterations must be performed in accordance with the Rules and Regulations and any applicable laws. Decks and anchoring systems do not become the property of the Landlord and must be transferred by the Tenant to any new owner or removed from the Mobile Home Site.

8.1 – Additional Occupants and Guests

Except as provided in Articles 8.1(a) and (b), the Tenant shall not permit any occupants on the Mobile Home Site except those listed in Schedule “B” to this Lease. A breach of this Article 8.1 will be deemed to be a substantial breach of this Lease.

• If the Tenant wishes to change the occupancy of the Mobile Home Site, then the Tenant shall provide the Landlord with written notice of such change prior to the occupancy. The Landlord reserves the right to deny the proposed occupancy.
• The Tenant may have guests at the Mobile Home Site provided that: (i) any such occupant may not remain at the Mobile Home Site for longer than thirty (30) days in any twelve (12) month period; (ii) the occupancy does not exceed any limits placed on occupancies in the Mobile Home Site Community by the Landlord and/or the municipality; and (iii) such occupants, where applicable, observe the terms of this Lease and the Rules and Regulations.

8.2 – Pets

Animals and/or pets of any kind will only be permitted in the Mobile Home Site Community with the express approval of the Landlord. The Tenant acknowledges and agrees that any animals and/or pets permitted in the Mobile Home Site Community by the Landlord shall remain the sole responsibility of the Tenant. Any breach of this Lease or the Rules and Regulations caused by the Tenant’s animals or pets shall be deemed to be a breach by the Tenant.

9.1 – Rules and Regulations

The Rules and Regulations form an integral part of this Lease. The Tenant acknowledges that the Rules and Regulations provided to the Tenant on or before the Commencement Date: (i) are reasonable in the circumstances; (ii) are intended to promote the convenience, safety or welfare of the Mobile Home Site Community tenants; (iii) preserve the Landlord’s property from abusive use; and (iv) make a fair distribution of services and facilities held out for the general use of the Mobile Home Site Community tenants.

9.2 – Amendments

The Landlord may from time to time, upon reasonable notice in writing to the Tenant, make, amend or replace the Rules and Regulations in accordance with the Act.

9.3 – Without Notice

Notwithstanding Article 9.2, any Rules and Regulations pertaining to the safety of Mobile Home Site Community tenants or the use of Common Areas may be made, amended or replaced by the Landlord without notice to the Tenant.

10.1 -Security Deposit

The Tenant shall pay the Security Deposit to the Landlord on or before the Commencement Date.

10.2 – Application of Security Deposit

The Security Deposit may be applied by the Landlord, in such amounts as may be necessary to provide for:

• repair of any damages done to the Mobile Home Site, including that of contractors, maintenance and service personnel working for the Tenant;
• repair of any damage done to any facility on the Mobile Home Site Community caused by the Tenant and/or any guests and/or visitors of the Tenant and including that of maintenance and service personnel working for the Tenant;
• cleaning of the Mobile Home Site upon the termination or expiration of the tenancy;
• Rent arrears and/or any other charges due from the Tenant, including but not limited to compensation for the use and occupation of the Mobile Home Site following termination of the tenancy under this Lease; and
• any other reasonable purpose, as determined by the Landlord; and
• costs, damages, expenses (including legal fees and disbursement on a solicitor and his own client fully indemnity basis) incurred by the Landlord in recovering Rent, enforcing the terms of this Lease or the Act, or in obtaining possession of the Mobile Home Site after the termination or expiration of the tenancy.

10.3 – Maintaining Security Deposit

Should any portion of the Security Deposit be applied to any of the above, the Landlord is entitled to demand that the Tenant make an additional payment sufficient to maintain the original amount of the Security Deposit. Any failure of the Tenant to maintain the Security Deposit in full after demand by the Landlord shall be deemed to be a substantial breach of this Lease, and, without in any way restricting the rights of the Landlord arising in consequence of that breach, the Landlord may, at its sole option, terminate this Lease or declare the outstanding amount to be Rent due and owing or seek any other remedy available to it pursuant to this Lease, the Act or at law.

10.4 – Normal Wear and Tearit

No deduction shall be made from the Security Deposit for normal wear and tear to the Mobile Home Site during the Term.

10.5 – Security Deposit Interest

The Tenant and the Landlord hereby agree that Security Deposit Interest Rate shall be compounded annually and paid to the Tenant on the termination or expiration of the tenancy.

10.6 – Return of Security Deposit

The Landlord shall within ten (10) days after the day that the Tenant gave up possession of the Mobile Home Site: deliver the Security Deposit to the Tenant; or if all or part of the Security Deposit has been deducted in accordance with this Lease, deliver to the Tenant the balance of the Security Deposit, if any, and a statement of account showing the amount of the Security Deposit used.

11.1 – Transfers

Subject to the Landlord’s consent, the Tenant has the right to assign or sublet the Mobile Home Site, and to sell, lease or otherwise part with the possession of the Mobile Home Site in conjunction with an assignment or subletting of the Mobile Home Site (collectively, a “Transfer”).

11.2 – Consent to Transfers

The Landlord shall not arbitrarily or unreasonably withhold the giving of the Landlord’s consent to a Transfer under Article 11.1. The Tenant acknowledges and agrees that failure on the part of the Tenant to: (i) obtain the Landlord’s consent to a Transfer; (ii) rectify any deficiencies with respect to the state of the Mobile Home and/or the Mobile Home Site; or (iii) pay all Rent and other charges due and owing under this Lease, prior to any Transfer, will be deemed to be a reasonable withholding of the Landlord’s consent to the Transfer.

11.3 – Deemed Consent

If the Landlord does not answer a request for the Landlord’s consent to a Transfer within fifteen (15) days from the date the Landlord receives notice of the request, the Landlord is deemed to have given consent to that Transfer.

11.4 – Creation of Security Interests

The Tenant shall not mortgage, charge, grant a security interest in or otherwise encumber the Mobile Home, the Mobile Home Site, or any fixtures thereon without the prior consent of the Landlord. If the Landlord consents to such an encumbrance, the Tenant and the mortgagee, chargee or secured party, as the case may be, shall execute an agreement directly with the Landlord agreeing to be bound by this Lease and that mortgagee, chargee or secured party: (i) is not permitted to register its interest against title to the Mobile Home Site Community lands; and (ii) will subordinate its rights to this Lease and the rights of Landlord herein, including but not limited to the Landlord’s rights pursuant to Article 11.6 of this Lease.

11.5 – Registrations

Notwithstanding Article 11.4, neither the Tenant nor anyone on the Tenant’s behalf or claiming under the Tenant shall register this Lease, a caveat, mortgage, charge, notice of security interest or any other encumbrance against title to the Mobile Home Site Community lands.

11.6 – Breach

Any breach of Article 11 will be deemed to be a substantial breach of this Lease and, without affecting any other rights of the Landlord under this Lease or at law, the Landlord may treat the transferee as a trespasser and evict such transferee from the Mobile Home and/or the Mobile Home Site. The Tenant shall be liable for all Rent and other charges due and owing hereunder and for any costs, including but not limited to legal fees on a solicitor client full indemnity basis arising from such breach.

12.1 – Substantial Breach

If a Tenant commits a substantial breach of this Lease (including the Rules and Regulations then in effect), the Landlord may apply to a court for any of the remedies set out in Article 12.3 or terminate the tenancy by serving the Tenant with a notice at least fourteen (14) days before the day that the tenancy is to terminate.

12.2 – Damage or Assault

If the Tenant has done or permitted significant damage to the Mobile Home Site, the Common Areas or the Mobile Home Site Community of which they form a part, or physically assaulted the Landlord or other tenants, the Landlord may apply to a court for any of the remedies set out in Article 12.3 or terminate the tenancy by serving the Tenant with a notice at least forty-eight (48) hours before the time that the tenancy is to terminate.

12.3 – Court Ordered Remedies

Without limiting any other remedies prescribed in this Lease or the Act, if the Landlord applies to a court under Articles 12.1 or 12.2, the Landlord may seek on order for one or more of the following remedies:

• recovery of arrears of Rent;
• recovery of damages resulting from the breach or contravention;
• recovery of compensation for the use and occupation of the Mobile Home Site by the overholding Tenant;
• recovery of possession of the Mobile Home Site from the Tenant;
• termination of the tenancy by reason of a substantial breach.

12.4 – Bankruptcy

It is agreed that the Tenant will be in substantial breach of this Lease if the Term hereby granted shall be at any time seized or taken in execution or attachment by any creditor of the Tenant or if the Tenant shall make an assignment for the benefit of creditors or become bankrupt or insolvent or shall take the benefit of any laws that may be in force for bankrupt or insolvent debtors.

12.5 – Costs and Charges

The Tenant shall indemnify the Landlord against all costs and charges (including legal fees on a solicitor and client full indemnity basis) incurred in enforcing payment of Rent and other charges due and owing under this Lease, or in obtaining possession of the Mobile Home Site after default of the Tenant or upon expiration or other termination of the Term of this Lease, or in enforcing any covenant, proviso or agreement of the Tenant herein contained.

13.1 – Abandonment

If the Tenant, by abandonment of the Mobile Home Site or otherwise, gives the Landlord reasonable grounds to believe that the Tenant has repudiated the Lease, the Landlord may either:

• accept the repudiation as a termination of the tenancy; or
• refuse to accept the repudiation and continue the tenancy.

13.2 – Acceptance of Repudiation

Where the Landlord accepts the repudiation as a termination of the tenancy, the Landlord may recover damages resulting from the breach of the Lease prior to the repudiation, and damages for the loss of the benefit of the Lease (i) in the case of Fixed Term Tenancy, until it would have expired had the Landlord not accepted the repudiation, or (ii) in the case of a Periodic Tenancy, until the termination date.

13.23 – Refusal of Repudiation

Where the Landlord refuses to accept the repudiation and elects to continue the tenancy, the Landlord may, so long as the Landlord has not rented the Mobile Home Site to a new tenant, recover Rent accruing under the Lease (i) in the case of a Fixed Term Tenancy, until it expires, or (ii) in the case of a Periodic Tenancy, until the termination date. The Landlord agrees that it shall make reasonable efforts to mitigate the Tenant’s liability for Rent. If the Landlord chooses to rent the Mobile Home Site to a new tenant in order to mitigate the Tenant’s liability for Rent hereunder, the Landlord will be deemed to have accepted the repudiation of the Tenant as terminating the tenancy at the time the new tenancy commences and may recover damages in the same manner as if the Landlord had accepted the Tenant’s repudiation of the Lease under Article 13.2.

14.1 – Surrender

At the expiration or earlier termination of this Lease, the Tenant will peaceably surrender and give up the Mobile Home Site and shall remove all property, including the Mobile Home, thereon without the requirement of notice from the Landlord and expressly waives any such right of notice to quit or vacate.

14.2 – Removal

The Tenant further agrees that if any property, including the Mobile Home, has not been removed from the Mobile Home Site on the date of expiration or earlier termination of this Lease, the Landlord shall be at liberty to remove the said property from the Mobile Home Site and retain possession thereof until the Landlord receives, from the Tenant, all arrears of Rent and reimbursement of the Landlord’s charges and expenses (including legal fees on a solicitor client full indemnity basis) relating to the disconnection of services and the removal and storage of the Mobile Home and/or any other property of the Tenant from the Mobile Home Site.

15.1 – Indemnity

The Tenant, his heirs, successors, assigns, sublessees, invitees and licensees and any other person who may be on or about the Mobile Home Site Community at the Tenant’s invitation (all of whom are collectively referred to in this Article as, the “Tenant Indemnitors”) will indemnify and save harmless the Landlord, the mortgagees, property managers and asset managers of the Landlord, and the officers, directors, shareholders, employees, and agents of each one of them (all of whom are collectively referred to in this Article as, the “Landlord Indemnitees”), from and against all fines, liens, suits, claims, demands and actions of any kind or nature to which the Landlord Indemnitees shall become or may become liable for or suffer by reason of any breach, violation or non-performance by the Tenant Indemnitors of any covenant, term or condition hereof or by reason of any injury occasioned to or suffered by any person or persons or any damage to property, by means of any wrongful act, neglect or default on the part of the Tenant Indemnitors.

15.2 – Release

The tenant, for himself, his heirs, successors, assigns. sublessees, invitees or licensees or any other person(s) who may be on or about the Mobile Home Site Community, including the Mobile Home Site (all of whom are collectively referred to in this Article as, the “Tenant Releasors”), hereby waives, discharges, and covenants not to sue and releases from any and all liability the Landlord, the mortgagees, property managers and asset managers of the Landlord, and the officers, directors, shareholders, employees, and agents of each one of them (all of whom are collectively referred to in this Article as, the “Landlord Releasees”), in respect of any and all injury, death, loss or damage to any person or property, and any claim or demand therefore, howsoever caused arising out of or in connection with this Lease, the use or access to the Mobile Home Site Community, including the Mobile Home Site, or otherwise related to the tenancy or this Lease, and notwithstanding that such injury, death, loss or damage may have been caused or contributed to by the negligence of some or all of the Landlord Releasees. The Tenant Releasors acknowledge they shall use the Mobile Home Site and any and all of the facilities within the Mobile Home Site Community, at their own risk.

16.1 – Access to Common Areas

The Landlord hereby grants to the Tenant, a non-exclusive licence throughout the Term, subject to the control of the Landlord, to use those parts of the Mobile Home Site Community identified by the Landlord as Common Areas for access to the Mobile Home or for the service or enjoyment of the Tenant.

17.1 – Renewal

It is agreed and understood that this Lease will automatically renew without notice by either party, unless either party delivers notice in writing to the other party not less than ninety (90) days prior to the end of the Term advising that such party wishes to terminate the Lease, and that the Tenant shall be deemed to be in occupation of the Mobile Home Site under a yearly periodic tenancy.

17.2 – No Renewal

No renewal or other replacement of this Lease shall be binding if the Tenant has failed to:

• maintain the Lease in good standing and without breach for the balance of the Term;
• execute any memorandum of renewal or replacement lease agreement required by the Landlord within the reasonable time set period by the Landlord. Any memorandum of renewal shall be deemed to be an addendum to this Lease;
• deliver any payments required by the Landlord via Tenantpay or such other means as the Landlord may direct from time to time; and
• otherwise satisfy all conditions imposed as part of any agreement made by the Landlord for the renewal of the Lease.

18.1 – Service

A notice, order or document under this Lease must be in writing (and “writing includes electronic mail”) shall be served personally or by registered mail or may delivered by personal or courier delivery, electronic mail or postal mail, as the case may be.
For the purpose of service by registered mail to the Tenant, the Tenant’s postal address on record is the address of the Mobile Home Site. For the purposes of delivery be electronic mail, the Tenant’s email address is ______________________________________.
For the purpose of service by registered mail to the Landlord, the Landlord’s address is #2500, 10175 – 101 Street NW, Edmonton, AB T5J 0H3. Personal delivery to the Landlord shall be made by delivery to the manager at the same address.

18.2 – Unable to Serve

If the Landlord is unable to serve the Tenant by reason of the Tenant’s absence from the Mobile Home Site or by reason of the Tenant evading service, service may be effected on any adult person who apparently resides with the Tenant, or by posting it in a conspicuous place on some part of the Mobile Home Site.

19.1 – Interpretation and Successors and Assigns

Wherever throughout this Lease there is any mention of or reference to the Landlord or the Tenant, such mention or reference shall be deemed to and include the heirs, executors, administrators, successors and assigns of the Landlord and of the Tenant and sublessees of the Tenant as the case may be.

19.2 – Severability

Should any provision of this Lease be or become invalid, void, illegal or not enforceable, it shall be considered separate and severable from this Lease and the remaining provisions shall remain in force and be binding upon the parties hereto as though such provision had not been included.

19.3 – Plural and Gender

Words importing the singular shall include the plural and vice versa. Words importing gender shall include all genders and persons and words importing persons shall include natural persons, firms, partnerships, corporations and other entities.

19.4 – Headings

The division of this Lease into articles, sections and headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease.

19.5 – Applicable Law

This Lease is governed by and to be construed according to the laws applicable in the Province of Alberta. The Tenant irrevocably consents to the exclusive jurisdiction of the Alberta courts in the judicial district of the City of Edmonton for the purposes of any action or proceeding arising out of or related to this Lease.

19.6 – Waiver

Failure by any of the Landlord to insist in any one or more instances upon the strict performance of any one of the terms, conditions or covenants of this Lease shall not be construed as a waiver or relinquishment of such term, condition or covenant. No waiver by any of the Landlord of any term, condition or covenant shall be deemed to have been made unless expressed in writing and signed by the waiving party.

19.7 – Personal Information

The Tenant agrees that with respect to this Lease, they have or will be providing the Landlord with personal information. The Tenant acknowledges and consents to the Landlord’s collection, use and disclosure of this information for the purposes of administering, enforcing or performing its obligations under this Lease.
The Tenant acknowledges that no action lies nor may any proceedings be brought against the Landlord or its employees or agents, for damages arising from the disclosure or failure to disclose, in good faith, any part of the personal information disclosed to the Landlord by the Tenant, as provided in the Personal Information Protection Act (Alberta).