What are lease addendums and riders?
A lease addendum or rider is an additional written agreement attached to the main rental contract that changes or adds rules for the tenancy. Addendums can cover things like pet rules, parking, utilities, or painting limits. In Ontario, these documents cannot override rights protected by the Residential Tenancies Act, 2006[1], or mandatory parts of the standard lease.
Which addendum clauses are usually enforceable?
- Pet damage deposit or pet fee, if clearly limited and not disguised as an illegal additional security.
- Parking fees or assigned parking spaces when the charge and terms are stated in writing.
- Utility payment responsibilities that specify who pays for heat, hydro, water, or other services.
- Entry and inspection schedules that respect Ontario notice rules for landlord entry.
- Reasonable safety, smoking, and noise rules that do not conflict with human rights protections.
Which clauses are likely unenforceable in Ontario?
Some addendums try to make tenants give up legal rights or accept illegal payments. Common examples of unenforceable clauses include waiving the right to request repairs, agreeing to pay the landlord's legal costs no matter the circumstance, or imposing automatic forfeiture of the security deposit beyond what the law allows. If an addendum conflicts with the Residential Tenancies Act, the Act takes priority.[1]
How to challenge an addendum
- Read the addendum carefully and compare it to your main lease and the standard lease wording if one was provided.
- Document anything concerning: save the signed page, take photos of the document, and keep copies of emails or text messages about the clause.
- Ask the landlord in writing to change or remove the clause and set a clear deadline for a response; keep a copy of that request.
- If the landlord refuses, consider applying to the Landlord and Tenant Board using the appropriate application form to resolve the dispute.[2]
Practical examples and tenant actions
If a landlord asks for an extra non-refundable "cleaning fee" in an addendum, ask for the fee to be removed or clarified in writing; if it appears to be a disguised deposit, point to rules about deposits and receipts. For questions about security deposits and permitted charges, read Understanding Rental Deposits: What Tenants Need to Know before signing. After you sign any change, review What Tenants Need to Know After Signing the Rental Agreement for your next steps.
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FAQ
- What is the difference between an addendum and the main lease?
- An addendum modifies or adds specific rules to the main lease; the main lease sets the overall agreement between landlord and tenant.
- Can a landlord force me to sign an addendum?
- A landlord can ask you to sign, but you should not sign clauses that waive legal rights or impose illegal charges; you can negotiate or refuse and seek help.
- What if a clause in an addendum conflicts with the Residential Tenancies Act?
- The Residential Tenancies Act overrides any conflicting addendum clause; the Act governs landlord and tenant rights and responsibilities in Ontario.
How-To
- Identify the exact clause you believe is unfair and copy that language into your notes.
- Gather supporting evidence: lease pages, emails, photos, and receipts showing the issue.
- Send a written request to the landlord asking for revision or removal and state a reasonable deadline for reply.
- If unresolved, file the correct Landlord and Tenant Board application and attach your evidence.[2]
Key Takeaways
- Keep a clear record of agreements, receipts, and communications about any addendum.
- Do not sign clauses that waive basic rights under the Residential Tenancies Act.
- Use official forms and the Landlord and Tenant Board to resolve serious disputes.
Help and Support / Resources
- Landlord and Tenant Board (Tribunals Ontario)
- Residential Tenancies Act, 2006 (e-Laws)
- Standard form of lease (Ontario)
