Landlord guide · Starting a tenancy

Ontario Standard Lease: What Landlords Must Include, and What They Can’t

Most Ontario landlords must use the province’s Standard Lease. Skip it, or add clauses the law doesn’t allow, and you can lose a month’s rent or face a tenant claim. Here is what goes in, what stays out, and what happens if you get it wrong.

Key points

  • Most private residential tenancies in Ontario must use the Standard Lease form.
  • Clauses that go against the Residential Tenancies Act are void, even if the tenant signs them.
  • If a tenant asks for the Standard Lease and doesn’t get it within 21 days, they can withhold a month’s rent.
  • Extra terms are allowed in the additional terms section, as long as they follow the law.

Ontario’s Standard Lease is mandatory for most residential tenancies in the province. Since April 2018, landlords of most private rental units have had to use it. A custom lease, or one missing required terms, has real consequences, including giving the tenant the right to withhold rent.

When the Standard Lease applies

Usually requiredUsually not required
Houses, apartments and condosSocial and supportive housing
Basement apartments and secondary suitesCare homes
Most new private residential tenanciesMobile home parks, land lease communities and some other categories

If you are renting a typical private home, condo or apartment, the Standard Lease almost certainly applies.

What must be included

  • The names of all tenants and the landlord, with contact information.
  • The rental unit address and type of unit.
  • The rent amount, what it covers and when it is due.
  • Which utilities, parking and storage are included.
  • Any rent deposit and key deposit.
  • Any additional terms, in the section provided for them.

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Clauses you can’t use

Any clause that goes against the Residential Tenancies Act is void, even if the tenant signs it. Common examples:

  • No-pet clauses. These are void in Ontario, except where a condominium’s rules prohibit pets.
  • Damage, security or pet deposits.
  • Clauses that ban guests or let you enter without proper notice.
  • Clauses that waive the tenant’s rights under the Act, or let you evict without going through the LTB.

Some terms, such as requiring tenant insurance, are commonly used but can be disputed. Get advice before relying on an unusual clause.

What happens if you don’t use the Standard Lease

  1. The tenant can ask you in writing for a Standard Lease.
  2. If you don’t provide it within 21 days, the tenant can withhold one month’s rent.
  3. If you still don’t provide it within 21 days after they withhold, the tenant doesn’t have to pay that month back.

It is a costly consequence for something easy to get right at the start.

Frequently asked questions

Is the Ontario Standard Lease mandatory?

For most private residential tenancies, yes. It has been required since April 2018. Some housing types, such as care homes and social housing, are exempt.

Can I add my own terms to the Standard Lease?

Yes, in the additional terms section, as long as they don’t go against the Residential Tenancies Act. Any term that does is void.

Can I include a no-pet clause?

A no-pet clause is void in Ontario, except where a condominium’s declaration or rules prohibit pets.

What if I used a different lease?

The tenant can ask for a Standard Lease. If you don’t give them one within 21 days, they can withhold one month’s rent.

Do I need a new Standard Lease when the lease renews?

No. When a fixed-term lease ends, it usually continues month to month on the same terms, so a new lease isn’t required.

Bita Di Lisi

About Bita Di Lisi

Bita is the lead paralegal at Stonegate Legal Services and is licensed by the Law Society of Ontario. She represents Ontario landlords at the Landlord and Tenant Board and teaches landlords and investors about notices, LTB timelines and the mistakes that cost months.

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