Why Your Lease Matters
Your lease is the foundation of your tenancy. It sets the rent amount, move-in date, rules about pets, parking, and other terms you agreed to. But in Ontario, a lease does not override the law. The Residential Tenancies Act (RTA) sets the floor for your rights, and any clause in your lease that falls below that floor is void and unenforceable.
Many tenants sign a lease without reading it carefully, or they assume everything in the lease is legally binding. That is not always the case. Landlords sometimes include clauses that are illegal under the RTA, such as no-pet rules in most situations, bans on guests, or requirements to pay deposits beyond last month's rent. Understanding what is and isn't enforceable gives you real power as a tenant.
Whether you signed a standard Ontario lease or an older-style agreement, this guide will help you read it critically, spot problems, and know your options.
The Ontario Standard Lease
Since April 30, 2018, most residential landlords in Ontario must use the Ontario Standard Lease form. This is a government-created template that ensures tenants receive clear, consistent, and lawful lease terms. It applies to most private rentals, including apartments, houses, condos, and basement units.
The standard lease includes sections for rent amount, payment dates, services included (heat, water, electricity, parking), key deposit terms, and tenant/landlord contact information. It also includes a plain-language appendix explaining tenant and landlord rights under the RTA.
Who Is Exempt?
Some rentals are exempt from the standard lease requirement: co-ops, community housing, care homes, mobile home parks and land lease communities, and commercial tenancies. If your rental is covered by the RTA, your landlord should be using the standard form.
The standard lease has a section for additional terms (Section 15). Landlords can add terms here, but those terms cannot contradict the RTA. If they do, the illegal terms are void even if you signed the lease.
Key Terms to Understand
Every lease contains terms that define your tenancy. Here are the most important ones to review carefully before or after signing.
Rent Amount and Due Date
Your lease should clearly state the monthly rent, when it is due (usually the first of the month), and the accepted payment methods. If your landlord later claims a different amount, the lease is your proof.
Rent Deposit (Last Month's Rent)
In Ontario, a landlord can only collect a rent deposit equal to one month's rent (or the rent for the period if you pay weekly). This deposit can only be applied to your last month of tenancy, not to damages. Under RTA s.106, landlords must pay interest on the deposit annually at the guideline rate.
Services Included
Check which utilities and services are included in your rent: heat, water, electricity, internet, parking, laundry, and storage. If the lease says heat is included, the landlord cannot later charge you separately for it.
Illegal Clauses to Watch For
Landlords sometimes include clauses in leases that are not enforceable under the RTA. Even if you signed the lease agreeing to these terms, they are void. Here are the most common ones:
No Pets Allowed
Under RTA s.14, a no-pet clause is void in most residential tenancies. Your landlord cannot evict you for having a pet unless the animal is causing damage, allergic reactions to others, or is dangerous. The clause may appear in your lease, but it has no legal effect.
No Guests or Overnight Visitors
A clause restricting guests or limiting overnight visitors is unenforceable. You have the right to have guests in your home. A landlord cannot dictate who visits you or how long they stay, provided the guest does not become an unauthorized occupant affecting building safety.
Security Deposits or Damage Deposits
Under RTA s.105, landlords can only collect a rent deposit (last month's rent) and a key deposit (refundable, limited to replacement cost). They cannot collect damage deposits, cleaning fees, move-in fees, or any other upfront charges beyond what the RTA allows.
What the RTA Overrides
The Residential Tenancies Act is the law that governs most residential tenancies in Ontario. When your lease conflicts with the RTA, the RTA wins. Under s.3(1), any provision in a tenancy agreement that is inconsistent with the Act is void.
This means your landlord cannot contract around your legal rights. For example, your lease might say the landlord can enter your unit at any time, but RTA s.25-27 require 24 hours written notice and entry only between 8 a.m. and 8 p.m. (with limited exceptions). The lease clause is void.
Similarly, a lease clause saying "tenant waives right to file at the LTB" is unenforceable. You cannot sign away your statutory rights. Any clause attempting to limit your ability to contact bylaw, file an application, or exercise your RTA rights is void under s.4.
Important: Void Does Not Mean Gone
A void clause still appears in your signed lease. It is not automatically removed. But if challenged at the LTB, the adjudicator will not enforce it. Knowing which clauses are void empowers you to push back when your landlord tries to enforce them.
No Written Lease? Your Rights Still Apply
If you moved in without signing a written lease, you still have a tenancy. Under the RTA, a tenancy agreement can be written, oral, or implied. The absence of a written lease does not reduce your rights. You are still protected by the full RTA, including rules about rent increases, eviction procedures, maintenance standards, and privacy.
In fact, if your landlord failed to provide a written lease, you may have additional rights. Since April 2018, if your landlord does not provide a standard lease within 21 days of your written request, you can withhold one month's rent as a remedy. More on this below.
Without a written lease, your rent amount and terms are based on what you and the landlord agreed to verbally or through conduct. Keep records of any rent payments (e-transfers, receipts, bank statements) to prove the agreed rent if disputes arise.
Requesting a Standard Lease
If your landlord did not give you the Ontario Standard Lease, you have the right to request one. Under O. Reg. 9/18, you can make a written request to your landlord asking for the standard form. The landlord then has 21 days to provide it.
If the landlord does not provide the standard lease within 21 days, you can withhold one month's rent. To do this, give the landlord at least 30 days written notice that you intend to withhold rent. If the landlord provides the lease during that 30-day notice period, you must resume paying rent. If they still don't provide it, you keep the withheld amount.
How to Request
Send your request in writing (email or letter). State that you are requesting the Ontario Standard Lease form as required under O. Reg. 9/18 of the Residential Tenancies Act, 2006. Keep a copy of the request and any response.
When Your Lease Conflicts with the RTA
If you discover a clause in your lease that conflicts with the RTA, you do not need to take immediate legal action. The clause is already void by operation of law. However, problems arise when your landlord tries to enforce it.
If your landlord demands a damage deposit, enforces a no-pet rule, or attempts to raise rent outside the guideline based on a lease term, you can push back by citing the specific RTA section that makes the clause void. Put your response in writing and keep a copy.
If the landlord escalates, you can file a T2 application at the LTB for interference with reasonable enjoyment, or a T1 if you were charged money you should not have been. The LTB will review the lease clause and apply the RTA.
Remember: your lease is a starting point, not the final word. The RTA protects you even when your lease does not.