Ontario’s Standard Lease Agreement (Form N1) is mandatory for most residential tenancies in the province. Since April 2018, landlords of most private residential rental units must use the standard form. Using a custom lease, or omitting required terms, has consequences — including giving the tenant the right to request the standard form and withhold rent if you don’t provide it.
When the Standard Lease Applies
The standard lease applies to most new residential tenancies, including houses, apartments, condos, basement units, and secondary suites. It does not apply to social housing, care homes, mobile home parks, or certain other categories. If you are renting a typical private residential unit, the standard lease almost certainly applies.
What Must Be Included
The standard form requires landlords to specify: the names of all tenants and the landlord, the rental unit address, the type of rental unit, the rent amount and payment schedule, what is and is not included (utilities, parking, storage), the rules about rent deposit, and contact information. Additional terms can be included in an optional section, but they must comply with the RTA.
What You Cannot Include
Any clause in a lease that violates the RTA is void — even if the tenant signs it. Common unenforceable clauses include: no-pet clauses (unenforceable for tenants without pets already in the unit at signing — complicated), requirements to obtain renters’ insurance (may be unenforceable), clauses restricting guests, and clauses waiving tenant rights under the RTA. If a term is illegal, enforcing it can expose you to a tenant application.
What Happens If You Don’t Use the Standard Form
A tenant who does not receive a standard lease within 21 days of requesting one can withhold one month’s rent. After another 21 days without the lease, they can keep that rent. This is a significant consequence for a straightforward compliance requirement.
What Comes Next
Stonegate reviews leases for Ontario landlords and ensures compliance with the RTA. Book a free call at https://calendly.com/stonegatelegalservices/20min.
▶ Watch: Ontario Standard Lease Agreement Explained for Landlords
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