For residential tenancies in Ontario, landlords are required to use the government's standard lease form for most units — but that doesn't mean every lease is created equal. The standard form leaves room for additional terms, and the choices a landlord makes when filling it out (and what they add) can make the difference between a smooth tenancy and a costly dispute. Here's what to think about before you hand over the keys.
Start With the Standard Form
Ontario law requires most residential landlords to use the province's standard lease. Additional or custom terms can be attached, but they cannot override the tenant's rights under the Residential Tenancies Act. Any clause that tries to contract out of those protections is generally unenforceable — so the goal is to add terms that are permitted and genuinely useful, not to try to sidestep the rules.
Get the Basics Exactly Right
Simple errors cause a surprising number of problems. Make sure the lease clearly and accurately records:
- The full legal names of all tenants and the landlord
- The precise rental unit, including any parking, storage, or excluded areas
- The rent amount, due date, and acceptable payment methods
- Exactly what is and isn't included in the rent (utilities, appliances, etc.)
- The start date and whether the term is fixed or month-to-month
Be Careful With Rent Deposits
Ontario has specific rules about deposits. A landlord may collect a rent deposit (typically last month's rent), but "damage deposits" and many other up-front charges are not permitted. Interest must be paid on the rent deposit annually. Getting this wrong is a common and avoidable mistake — know what you can and cannot ask for before signing.
Think About Rules and Responsibilities
The additional terms are where a thoughtful landlord adds real clarity. Consider addressing, in a way consistent with the law: maintenance and repair responsibilities, rules about smoking, guests, and quiet enjoyment, whether pets are permitted (subject to the RTA's limits), and how the tenant should report maintenance issues. Clear, reasonable terms reduce misunderstandings later.
Know What You Cannot Include
Some clauses that landlords are tempted to add are simply void in Ontario. You generally cannot include no-pet clauses that ban pets outright, terms that waive the tenant's right to dispute at the Landlord and Tenant Board, automatic penalties, or provisions that shift the landlord's legal repair obligations onto the tenant. Including unenforceable terms can undermine confidence in the whole agreement.
Plan for the End of the Tenancy
A good lease anticipates how the tenancy ends. In Ontario, fixed-term leases typically roll over to month-to-month automatically unless proper notice is given, and the grounds and notice periods for ending a tenancy are strictly regulated. Understanding this before you draft helps set realistic expectations for both sides.
When to Get Legal Help
Because the standard lease interacts with a detailed regulatory scheme, it's easy to add well-intentioned terms that turn out to be unenforceable — or to miss protections you're entitled to include. Having a lawyer review your lease and additional terms is an inexpensive way to make sure your agreement is both compliant and genuinely protective.
Solvine Law can review or help draft the additional terms of your residential lease so it works the way you intend. A short review now can prevent a difficult dispute down the road.