Lease Agreement Mistakes Ontario Tenants Should Avoid
Entering a lease in Ontario should offer peace of mind, but mistakes at this stage can create difficulties throughout your tenancy. By understanding common pitfalls, Ontario tenants can protect themselves from disputes and unexpected costs.
Why Your Lease Agreement Matters
Your lease is a binding legal contract between you and your landlord. In Ontario, lease terms are governed by the Residential Tenancies Act, 2006[1] (RTA). The Ontario Landlord and Tenant Board (LTB) enforces these laws. A clear, accurate lease protects your rights and avoids misunderstandings about rent, repairs, deposits, and more.
Top Lease Mistakes Tenants Make in Ontario
1. Not Using the Standard Ontario Lease Form
Since 2018, Ontario law requires most private rentals to use the official "Residential Tenancy Agreement (Standard Form of Lease)". This form ensures standard terms and protects both tenants and landlords. Using a non-standard lease can leave you without important legal protections.
Official form: Residential Tenancy Agreement (Standard Form of Lease) (download PDF)[2]
2. Overlooking Deposit Rules
Ontario has strict rules about what deposits a landlord can request. Only a rent deposit (equal to one month’s rent) and, in some cases, a key deposit may be collected. Security deposits for damages are not allowed in Ontario. Make sure all deposits are documented in your lease agreement.
- Rent deposit: Used for last month’s rent only
- Key deposits: Must be refundable and cannot exceed the cost of replacement
- No damage deposits: If demanded, this is not legal under Ontario law
For a detailed breakdown, visit Understanding Rental Deposits: What Tenants Need to Know.
3. Not Reading or Clarifying All Lease Terms
It’s common to want to sign quickly to secure a home, but skipping over terms or failing to ask questions can result in future disputes. Always clarify policies such as:
- Rent amount and due date
- Who pays for utilities
- Maintenance responsibilities
- Rules on guests, pets, or parking
Carefully reviewing details and getting any verbal agreements added in writing protects you if issues arise.
4. Assuming Illegal or Unclear Lease Clauses Are Enforceable
Some leases contain terms that are not enforceable under the RTA, such as no-maintenance clauses or penalties for moving out early. Even if you see these in your agreement, Ontario law prevails. The Landlord and Tenant Board will not enforce unlawful terms. If you’re unsure, check the Tenant Rights in Ontario summary page.
5. Not Requesting Copies and Receipts
Always ask for a signed copy of the lease and receipts for any deposit or rent you pay. These documents are crucial if you ever need to prove your payments or dispute a charge.
6. Not Recording the Condition of the Unit at Move-In
Documenting the property’s state when you move in can prevent disputes over damages later. Take photos, note any issues, and provide a copy to your landlord. Discover more in the Guide to the Initial Rental Property Inspection for Tenants.
Tenant Action Steps: Avoiding Lease Mistakes
- Insist on the standard lease form and compare it to your agreement
- Check that any deposit collected follows Ontario law
- Review all clauses for compliance with the Residential Tenancies Act
- Clarify any unclear or confusing terms before signing
- Request a complete signed copy and receipts
- Document the unit’s condition and keep records
By taking these precautions, you can confidently enjoy your new rental home.
Essential Ontario Lease Forms for Tenants
- Ontario Standard Lease Form: PDF Download (official guide) — Use for all new private residential tenancies to ensure your lease meets Ontario law.
- Rental Application (Form 410): Learn more — Use when applying for a rental; make sure no illegal questions or fees are required.
If your landlord does not provide the required Standard Lease, submit a written request. The LTB can provide remedies if they fail to provide it within 21 days.
Learn More About Ontario Tenant Rights
For a comprehensive summary of tenant protections and requirements in the province, read Tenant Rights in Ontario.
Want to explore more rental options? Canada's best rental listings platform lets you browse available apartments and homes from coast to coast.
Frequently Asked Questions About Lease Mistakes in Ontario
- What if my landlord refuses to use the Ontario standard lease?
If your landlord doesn't provide the standard lease, request it in writing. If you still don't receive it after 21 days, you may withhold one month’s rent. If it remains unresolved, you can file an application with the Landlord and Tenant Board. - Are verbal rental agreements valid in Ontario?
Verbal leases can be legally binding, but written leases (using the standard form) are strongly recommended for clarity and legal protection. - Can a landlord ask for a security deposit?
No. In Ontario, only a last month's rent deposit and, in some cases, a key deposit are allowed—not a security deposit for damages. - Am I responsible for repairs if my lease says so?
No. By law, landlords must maintain the unit, regardless of lease clauses. See your rights under the RTA or get help from the Landlord and Tenant Board. - What documents should I keep after signing my lease?
Always save a copy of your signed lease, any receipts for payments or deposits, and a record of the unit’s condition when you move in.
Need Help? Resources for Tenants
- Landlord and Tenant Board (LTB) Ontario – Guidance on disputes, evictions, and tenant/landlord rights
- Ontario Government: Renting in Ontario – Your Rights
- Tenant advocacy: ACTO Tenant Hotline – www.acto.ca
- For Ontario’s main rental legislation, refer to the Residential Tenancies Act, 2006.
- Find the official Ontario Standard Lease and instructions at Ontario.ca: Guide to Standard Lease.
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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