1 April 2023

A rental agreement is a legal document that outlines the terms of a lease between a landlord and a tenant. It is a crucial part of the rental process because it provides both parties with clear expectations and protections. One important clause that landlords and tenants should consider including in a rental agreement is the relocation clause.

What is a relocation clause?

A relocation clause is a provision in a rental agreement that allows a landlord to move a tenant to a different unit in the same building or a different property owned by the landlord. This clause is typically included in leases for apartments or rental homes where the landlord has multiple units available.

Why include a relocation clause?

A relocation clause can benefit both the landlord and the tenant. For the landlord, it provides flexibility in how they manage their properties. If a landlord needs to make repairs or renovations to a unit, they can move a tenant to a different unit without breaking the lease agreement. This can save the landlord time and money by avoiding the need to find a new tenant.

For the tenant, a relocation clause can provide some benefits as well. If a tenant is forced to relocate due to repairs or renovations, the landlord is typically responsible for any additional costs associated with the move. Also, a relocation clause can provide an opportunity for tenants to upgrade to a newer or better unit without having to move out of the building.

What to consider when drafting a relocation clause?

When including a relocation clause in a rental agreement, it’s important to make sure that the clause is clear and specific. Here are some factors to consider when drafting a relocation clause:

1. Timing: The clause should specify how much notice the landlord must give to the tenant before the move and how soon the tenant must move.

2. Reason for relocation: The clause should clearly state the reasons for relocation, such as repairs, renovations, or changes in building management.

3. Compensation: The clause should specify if the tenant will be compensated for any costs associated with the move, such as moving expenses or temporary housing costs.

4. Unit quality: The clause should specify that the new unit provided must be of equal or better quality than the previous unit.

5. Consent: The clause should specify that the tenant must consent to the relocation and that the landlord must provide the tenant with an opportunity to inspect the new unit before moving in.

Conclusion

A relocation clause is an important provision in a rental agreement for both landlords and tenants. It provides flexibility for landlords in managing their properties and benefits for tenants when they are required to move. When including a relocation clause in a rental agreement, it’s important to make sure that the clause is clear, specific, and includes provisions for compensation and unit quality.