TERMS & CONDITIONS
Effective Date: March 30, 2026
Last Updated: March 30, 2026
1. Acceptance of Terms
By accessing or using Birchstone Properties' website (birchstoneproperties.ca) or services, you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our Site or services.
2. Website Use
You agree to use our Site lawfully and not to:
- Violate any Canadian, provincial, or local laws
- Transmit harmful, threatening, abusive, or defamatory content
- Impersonate anyone or misrepresent your identity
- Reproduce or distribute Site content without permission
- Engage in harassment or discrimination
- Disable or interfere with Site functionality
3. Intellectual Property
All content on our Site (text, images, logos, design) is owned by Birchstone Properties and protected by Canadian copyright law. You may not reproduce, distribute, modify, or create derivative works without written permission.
4. Rental Applications and Lease Agreements
4.1 Application Process
- Information you provide must be accurate and truthful
- We conduct credit and background checks with your consent
- Application is subject to our approval — we may reject any application at our discretion
- A formal lease agreement must be executed before tenancy begins
- No binding obligation exists until a signed lease is in place
4.2 Lease Terms
Your lease agreement is governed by:
- The Residential Tenancies Act (Manitoba) for residential properties
- The Commercial Tenancies Act (Manitoba) for commercial properties
- The specific terms detailed in your signed lease
- Any applicable building rules and policies
By signing a lease, you agree to all terms and conditions outlined therein.
4.3 Tenant Responsibilities
As a tenant, you agree to:
- Pay rent on time as specified in your lease
- Maintain the property in good condition
- Follow all lease terms and building rules
- Report maintenance issues promptly
- Respect other residents and staff
- Provide notice of vacancy as required by law
- Allow reasonable access for inspections and repairs
- Comply with all applicable laws and bylaws
5. Rent Payment and Fees
5.1 Rent Payment
- Rent is due on the date specified in your lease (typically the 1st of each month)
- Payment is made through our online portal or as otherwise specified
- Late payment may result in late fees as permitted under Manitoba law
- Dishonored checks or failed payments may incur NSF fees
- You are responsible for ensuring payment is made on time
5.2 Other Charges
Additional charges may include:
- Late rent fees (as permitted under Manitoba law)
- NSF (non-sufficient funds) fees for returned payments
- Damage charges for repairs beyond normal wear and tear
- Lease violation fees (as specified in lease)
- Utility charges (if applicable to your lease)
- Parking or pet fees (if applicable)
6. Tenant Portal (Yardi RentCafé)
6.1 Portal Access and Use
- Your login credentials are confidential — you are responsible for keeping them secure
- You agree to use the portal only for intended purposes (rent payment, maintenance requests, communications)
- Do not share your login with others
- You are responsible for all activity under your account
6.2 Portal Functionality
- We strive to maintain portal uptime but cannot guarantee uninterrupted service
- Technical issues may occasionally occur beyond our control
- We are not responsible for service interruptions due to third-party providers, internet outages, or system maintenance
- All communications through the portal are kept on file for legal compliance
6.3 Payment Processing
- Payments made through the portal are processed by secure payment gateways
- We are not responsible for payment delays caused by your bank or payment processor
- Ensure sufficient funds in your account before submitting payments
- Confirmation of payment receipt is available through your portal account
7. Maintenance Requests and Repairs
7.1 Reporting Maintenance Issues
- Report maintenance issues through the online portal or by contacting management
- Describe the issue clearly and provide photos if possible
- Inform us immediately of safety hazards or emergency situations
7.2 Response Times
- Urgent/Emergency Issues (heat, water, safety hazards): 24 hours
- Routine Maintenance: 5-7 business days
- Emergency after-hours contact information is provided in your lease
7.3 Access for Repairs
- You agree to allow reasonable access to your unit for repairs and inspections
- Management will provide reasonable notice (typically 24 hours) except in emergencies
- We will make reasonable efforts to minimize disruption
- You are responsible for removing obstacles that prevent access
7.4 Tenant-Caused vs. Normal Wear and Tear
- We cover repairs resulting from normal wear and tear or building defects
- You are responsible for damages caused by negligence, misuse, or violation of lease terms
- Disputes over responsibility may be resolved through the dispute resolution process
8. Inspections and Entry
8.1 Right of Entry
We have the right to enter your unit for:
- Repairs and maintenance
- Inspections (move-in, periodic, move-out)
- Pest control or emergency response
- Showings to prospective tenants (near end of tenancy)
8.2 Notice Requirements
- We will provide 24 hours' notice except in emergencies
- Entry will occur during reasonable hours (typically 9am-5pm, weekdays)
- You have the right to be present during entry unless emergency access is required
8.3 Move-In and Move-Out Inspections
- Move-in inspection documents condition of unit at lease start
- Move-out inspection documents condition at lease end and identifies damage
- Photos are taken during both inspections
- You will receive copies of inspection reports
9. Deposits and Damage Claims
9.1 Security Deposit
- We collect a security deposit as specified in your lease (typically one month's rent)
- Deposit is held in trust and not used for routine maintenance
- Deposit is returned within 30 days of lease termination, minus any legitimate deductions
- Deductions are itemized and explained
9.2 Damage Claims
Deductions may be made for:
- Damage beyond normal wear and tear
- Cleaning costs if unit is left unsanitary
- Unpaid rent or utilities
- Lease violation penalties
- Outstanding balances owed
Claims must be documented with photos and repair quotes.
10. Building Rules and Policies
You agree to comply with:
- Quiet hours and noise restrictions
- Pet policies (if applicable)
- Smoking restrictions
- Parking rules and regulations
- Hallway and common area conduct standards
- Any other building policies provided
Violations may result in warnings, fines, or lease termination per the Residential Tenancies Act.
11. Disclaimer of Warranties
Our Site and services are provided "as is" and "as available" without warranties of any kind. We do not warrant that:
- The Site will be uninterrupted or error-free
- Information on the Site is accurate or complete
- Defects will be corrected
- The Site is free from viruses or malware
Exception: We do warrant that properties meet legal housing standards as required by Manitoba law.
12. Limitation of Liability
To the fullest extent permitted by law, Birchstone Properties is not liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, use, or goodwill
- Damage to personal property in units (renters insurance is recommended)
- Loss or theft from common areas
- Third-party actions or content
Exception: We remain liable for breaches of the Residential Tenancies Act and our legal obligations as landlords.
13. Indemnification
You agree to defend, indemnify, and hold harmless Birchstone Properties, its officers, employees, and agents from any claims, damages, or costs arising from:
- Your violation of these Terms
- Your violation of applicable laws
- Your use of the Site or services in an unlawful manner
- Claims by third parties related to your actions
Exception: This does not apply to our negligence or breaches of the Residential Tenancies Act.
14. Dispute Resolution
14.1 Informal Resolution
Before pursuing legal action, you and Birchstone Properties agree to attempt informal resolution by:
- Contacting the property manager in writing
- Requesting a meeting to discuss the dispute
- Attempting good-faith negotiation
14.2 Formal Resolution
If informal resolution fails:
- Residential Disputes: Disputes are governed by the Residential Tenancies Act and may be referred to the residential tenancy office
- Commercial Disputes: Disputes are governed by the Commercial Tenancies Act
- Website Disputes: You and Birchstone agree to resolve disputes in the courts of Winnipeg, Manitoba
14.3 Class Action Waiver
You and Birchstone Properties agree not to participate in class action lawsuits or group arbitrations. All disputes must be resolved individually.
15. Termination of Tenancy
15.1 Notice Requirements
- Tenants must provide notice as specified in the lease (typically 30 days)
- Notice must be provided in writing via email, mail, or in person
- Failure to provide notice may result in additional rent charges
15.2 Eviction
We may initiate eviction proceedings if:
- Rent is unpaid
- Lease terms are violated
- Property is damaged
- Tenant poses a safety risk
- Other grounds exist under the Residential Tenancies Act
Eviction follows legal procedures under Manitoba law.
16. Privacy and Data Protection
Your personal information is protected under our Privacy Policy. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy.
17. Website Links and Third-Party Services
Our Site may contain links to third-party websites. We are not responsible for:
- Third-party content, privacy practices, or security
- Any damage caused by third-party services
- Availability or accuracy of external links
18. Modifications to Terms
We may update these Terms at any time at our sole discretion. Material changes will be communicated to you. Your continued use of our services indicates acceptance of updated Terms.
19. Governing Law
These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Any legal proceedings arising from these Terms will be brought exclusively in the courts of Winnipeg, Manitoba.
Birchstone Properties complies with:
- The Residential Tenancies Act (Manitoba)
- The Commercial Tenancies Act (Manitoba)
- The Personal Information Protection Act (Manitoba)
- All applicable federal, provincial, and municipal laws
20. Severability
If any provision of these Terms is found invalid or unenforceable by a court, the remaining provisions remain in effect. Invalid provisions will be modified to the extent necessary to make them valid.
21. Entire Agreement
These Terms, together with your lease agreement and our Privacy Policy, constitute the entire agreement between you and Birchstone Properties and supersede all prior agreements and understandings.
22. Waiver
No waiver of any provision of these Terms constitutes a waiver of any other provision or a continuing waiver of the same provision.
23. Contact Us
Birchstone Properties
Winnipeg, Manitoba, Canada
Email: info@birchstoneproperties.ca
Phone: (204) 295-3262
Website: birchstoneproperties.ca
For questions about these Terms & Conditions, please contact us using the information above.
