Tenants in Ontario often encounter lease terms that overreach or conflict with provincial law. This guide explains common illegal lease clauses — like unlawful fee charges, waivers of landlord obligations, or limits on a tenant's right to enjoy their home — and the penalties landlords can face under the Residential Tenancies Act, 2006. You will learn how to identify problematic language, document issues, and use official forms and tribunals to challenge unfair provisions. Practical steps cover communicating with your landlord, filing a complaint, and preparing evidence for hearings. The tone is practical and supportive so renters can protect their rights and resolve disputes confidently.
What makes a lease clause illegal in Ontario?
A clause is illegal when it conflicts with the Residential Tenancies Act, 2006 or when it asks a tenant to give up rights the law guarantees. Common examples include clauses that require tenants to waive repairs or habitability standards, demand unlawful extra fees, or attempt to limit tribunal access. Learn the legislation and where to get official guidance to spot these terms early.[2]
- Unlawful extra fees or deposits that are not permitted by provincial rules.
- Waivers of landlord obligations or clauses shifting repair duties in ways that breach habitability standards.
- Provisions that unduly restrict privacy, lock changes, or reasonable use of the unit.
- Terms that try to prohibit a tenant from filing complaints or accessing the Landlord and Tenant Board.
Common penalties and remedies
If a clause is found illegal, a tribunal can strike the clause, order refunds of unlawful payments, or issue compliance orders against a landlord. Tenants can also ask the Landlord and Tenant Board to resolve disputes and enforce orders.[1]
- Repayment orders: tenants may recover unlawful fees or deposits.
- Board hearings and orders requiring the landlord to stop prohibited conduct or make repairs.
- Compliance directions or fines where applicable to encourage adherence to the law.
How to challenge an illegal lease clause
Follow a step-by-step, tenant-focused approach: identify the clause, collect evidence, try to resolve the issue with your landlord, and, if needed, file with the Landlord and Tenant Board using the official forms and guidance. You can find required forms and submission instructions from the tribunal website.[3]
- Document the clause and its impact: keep copies of the lease, photos, text messages, and receipts.
- Contact your landlord in writing to explain the issue and request a correction; mention the specific clause and the desired outcome. See What Tenants Need to Know After Signing the Rental Agreement for post-signing steps.
- File the appropriate application or form with the Landlord and Tenant Board if the landlord does not resolve the issue; include copies of your evidence.
- Attend the hearing prepared to explain the clause, present documents, and answer questions from the adjudicator.
- If the Board orders remedies, follow the directions and keep records of compliance or further non-compliance.
Deposits and prohibited deductions
Clauses that try to charge extra non-refundable administrative fees or allow broad deductions from a security deposit can be illegal. If you have a question about deposits, see practical guidance on tenant protections and how to request refunds or interest.
- Disallowed charges: understand what fees a landlord may or may not request.
- Documentation: keep a signed move-in inspection and receipts to contest unfair deductions.
For more on deposits and what landlords can legally collect, read Understanding Rental Deposits: What Tenants Need to Know.
FAQ
- Can my landlord add any extra fees to my lease?
- No. Landlords cannot impose unlawful fees that contradict the Residential Tenancies Act, 2006; if you suspect an illegal fee, document it and seek tribunal guidance.[2]
- What form is used to start an eviction for non-payment of rent?
- Landlords commonly use an arrears notice and then an application to the Landlord and Tenant Board; official forms and instructions are available from the Board's forms page.[3]
- How long will a Board hearing take?
- Timelines vary by caseload. Prepare your evidence and follow filing instructions so your application proceeds without avoidable delays. Contact the Board for current scheduling information.[1]
How-To
- Gather lease, receipts, photos, and any written communication that shows the clause and its effect.
- Write to the landlord describing the clause and request correction or refund; keep a copy.
- Download and complete the appropriate Board application or form from the official forms page.
- Attend the hearing and present your documents clearly and calmly.
- Enforce any orders and keep records of follow-up communications and compliance.
Help and Support / Resources
- Landlord and Tenant Board (Tribunals Ontario)
- Residential Tenancies Act, 2006 (Ontario)
- Landlord and Tenant Board forms and filing information
