Landlord & Tenant
Tenancy Agreements
Before signing a lease agreement, it's important to make sure you understand what deposits you'll need to pay and when they'll be returned to you. Make sure you read the lease agreement carefully and ask questions if you're unsure about something.
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Tenancy Agreements
Are you considering renting a residential property in Ontario? Before signing a tenancy agreement, there are a few key things you should know about the process.
It is important to understand the content of the tenancy agreement before you sign it.
The agreement should include the address of the rental property, the term of the rental, the amount of rent to be paid, the date rent is due, and any other rules that the tenant and the landlord have agreed upon. The tenancy agreement should also explain the landlord’s and the tenant’s rights and responsibilities. In Ontario, the landlord is responsible for ensuring that the rental unit is in a good state of repair and meets all applicable health and safety standards.
When signing a tenancy agreement, it is important to keep a copy for your records. It is also important to make sure you understand the terms of the agreement and any changes to it. If you have any questions, make sure to ask the landlord before signing the agreement.
It is also important to understand the rules that apply to the tenancy. Landlords in Ontario must follow the Residential Tenancies Act, which sets out the rights and responsibilities of both the landlord and the tenant. These rules apply to all residential rental properties in the province, including those in cities, towns and rural areas.
Finally, it is important to note that Ontario landlords are required to use an approved standard lease agreement. This agreement sets out the rental terms for both parties and helps to ensure that the tenant and the landlord both understand and agree to the terms of the tenancy.
By following the above advice, you will be able to ensure that your tenancy agreement is fair and that both you and the landlord understand and agree to the terms of the agreement.
The Value of Our Team
As a homeowner in Ontario, it is important to understand the legal implications of a residential tenancy agreement. The legal process for renting out a home in Ontario can be complex and confusing, and having Cordaie Paralegal Services help you with the process can be invaluable.
Our paralegals can help you understand the legal rights and responsibilities of both the landlord and tenant under the Residential Tenancies Act. This includes the landlord’s right to increase rent and the tenant’s rights to privacy and quiet enjoyment of the premises. We can also help negotiate the terms of a residential tenancy agreement and ensure that the terms are fair and comply with the law.
One key issue that can arise with a residential tenancy agreement is tenant security deposits. We can help protect your rights and interests by ensuring that the deposit is held and returned in accordance with the law. We can also help ensure that the tenant’s security deposit is not used to pay for damages that are unrelated to the tenant’s occupancy of the premises.
Our paralegals can also provide valuable advice on the various laws and regulations that govern residential tenancy agreements in Ontario. These laws and regulations may include the Landlord and Tenant Board, the Rental Housing Enforcement Program, and the Human Rights Code. We can help you understand the legal requirements for a residential tenancy agreement and ensure that the agreement is legally enforceable.
Finally, our firm can help represent your interests in court if a dispute arises between you and the tenant. This can ensure that any legal issues are resolved quickly and that the tenant’s rights are protected.
Having Cordaie Paralegal Services help you with a residential tenancy agreement can be beneficial in a number of ways. It can help ensure that the agreement is legally enforceable and that your rights and interests are protected. It can also help you understand the various laws and regulations that govern residential tenancy agreements in Ontario. With the help of our paralegals, you can be sure that you are well-informed and that your rights are protected.
Get more information today. Schedule a free consultation at 844-4-WIN-4-ME.
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Tenancy Agreements
Information you should know about tenancy agreements.
Rental Agreements Should Not Include
Before signing a rental agreement, it's imperative to ensure an understanding of what is and what is not included.
Rental agreements should not include the following terms:
- Pet-free clauses, except as outlined in the bylaws of condominiums
- If the tenant fails to pay their rent on time or breaks the landlord's rules, they may be penalized
- Pets, children, and visitors are subject to extra fees
- Post-dated cheques, pre-authorized payments or damage deposits are required
- Making the tenant responsible for repairs and maintenance
Even if any of these terms are included in the rental agreement, the landlord can't force the tenant to follow them.
A Rental Agreement Should Include These Terms
The majority of a tenant's rights and responsibilities are determined by Ontario law, not by their rental agreement.
Even if the tenant and their landlord do not include certain things in the rental agreement, the law requires them to be included. Even if the rental agreement doesn't mention it, the landlord is responsible for repairs and maintenance.
Additionally, certain things cannot be included in a rental agreement. The tenant does not have to follow them even if they are written in the agreement. A rule prohibiting pets is an example.
Terms That Are Automatically Included
Even if the agreement doesn't mention them, the following terms are part of every rental agreement:
- No landlord can evict a tenant unless they have a legal reason to do so
- In addition to the right to privacy, a tenant also has the right to treat the rented property as their home
- Common areas are also available to the tenant if they live in a complex or building with more than one rental unit. Among the common areas are hallways, elevators, driveways, lobbies, and grounds
- It is the landlord's responsibility to maintain and repair the tenant's apartment and to follow all laws concerning residential housing
- When raising the tenant's rent, the landlord must follow the law
Landlord & Tenant to Decide These Terms
The law leaves some things up to the tenant and their landlord when it comes to rental agreements.
A few examples are:
- Services and facilities are included in the rent
- Amount of rent
- Move-in date
- If there is a fixed-term lease, the end date of the lease
A Standard Form Lease is Required
The government's standard lease form must be used for most tenancy agreements made on or after April 30, 2018. In addition to what the law requires, the form allows the tenant and their landlord to agree on other points.
The tenant must receive a written agreement from their landlord before moving into a care home. The lease does not need to be on the standard lease form, but it must meet certain requirements.
Writing down the agreement is a wise idea even if it is not required by law. By putting everything in writing, the tenant and their landlord will be able to think about all the relevant points.
If the tenant disagrees with their landlord later, a written agreement may be helpful. It is also easier to prove one's case to the Landlord and Tenant Board (LTB) when a written agreement is available.
Ensure That All Terms Are in Writing
In the process of renting a place, the tenant and the landlord might discuss repairs, upgrades, or cost agreements. Your rental agreement should include these provisions.
You should make sure your agreement covers enough details so there will be no disagreements later on.
Some examples:
- Utilities are paid by whom
- Whether parking is included
- Lease length
- Rent amount and if there are any discounts or penalties
- Moving in date
- Other amenities are included, such as a gym or a locker room
- Included services such as cleaning
Take notes about what was discussed and agreed to if your agreement is not in writing.
Standard Lease
On the standard lease form, all of the information listed above is indicated. A standard lease form can be found on the Ministry of Housing's website.
Pages for any "additional terms" agreed on can be added. Some landlords may have many additional terms. It must not conflict with any of the standard conditions on the form. Furthermore, one cannot violate the Residential Tenancies Act or the Human Rights Code.
For rental agreements made on or after April 30, 2018, landlords must use the government's standard lease form.
The landlord cannot be forced to use the standard lease form. In case they don't, there are certain rights tenants have under the law.
Standard leases are not required:
- Renting a place for a business
- Housing that is public or subsidized
- Land lease homes or mobile homes
- Cooperative housing
- A sublease
- A retirement home
- A care home
Before you sign a tenancy agreement in a care home, you must receive a Care Home Information Package (CHIP). Information about the home, meals, and services is included in the CHIP. A tenancy agreement must state that you have five days to cancel the agreement.
If you are renting a care home unit and the landlord did not give you a written tenancy agreement explaining what services and meals you will receive, you can apply to the Landlord and Tenant Board (LTB). You may be able to get some of your rent back from your landlord if the LTB orders them to do so.
It is illegal for the landlord to raise rent or charge for meals or care services if the Care Home Information Package has not been given to you.
Make Sure You Have a Copy of the Lease
There are times when a tenant may sign a rental application or agreement before the landlord does. To have it signed, the landlord might have to send it to another person or office. If a tenant signs an agreement, the landlord must provide them with a copy within 21 days. The agreement must include the landlord's legal name and address. In the absence of a written rental agreement, the landlord must provide a tenant with this information within 21 days.
Until the tenant receives a copy of your tenancy agreement or their landlord's legal name and address, the tenant can refuse to pay rent. After receiving the agreement or information, they must immediately pay all the rent they owe. If they fail to pay, the landlord may attempt to evict them through the Landlord and Tenant Board (LTB).
Landlords Are Supposed to Use Standard Leases
For rental agreements signed after April 30, 2018, landlords must use the standard lease. This rule must be followed regardless of whether you rent rooms, houses, apartments, or condominiums.
However, it does not apply to:
- Renting a place for a business
- Housing that is public or subsidized
- Land lease homes or mobile homes
- Cooperative housing
- A sublease
- Homes for the elderly, for example, care homes
The standard lease form can be found on the Ministry of Housing's website. You can print out a version and fill it in, or you can fill it out on a computer and print it out.
A lease must be signed by both the tenant and landlord by the move-in date. After the tenant signs and gives it to the landlord, the landlord must give the tenant a copy within 21 days.
Ask for a Standard Lease
It is still possible for a tenant to ask their landlord for a standard lease even if they signed a tenancy agreement that was not on the standard lease form.
If a tenant makes this request in writing, they have certain rights:
- If their landlord still won't give them a standard lease
- The landlord is given a standard lease but refused to sign it
These rights are available only if the tenant signed a tenancy agreement after April 30, 2018. It is only the first time you make this written request about the same rental unit that you will receive these rights.
Consider Holding Back Rent
Rent can be held back if the landlord still has not provided the tenant with a standard lease after 21 days. Only rent that becomes due after 21 days can be held back. The maximum amount the tenant can hold back is one month's rent. They must pay that rent if their landlord offers them a standard lease to sign within 30 days of the first payment they held back. The tenant can keep their money if their landlord does not give them a standard lease within 30 days. All other rent must be paid, however.
Frequently Asked Questions
Here are answers to some common questions.