Understand correctly about Standard Lease

Landlords of exempt units must still use the standard lease. Nothing in a lease agreement can take away a right under the RTA. 

The rent control exemption has to be included in the standard lease.

Landlords of exempt units may include an additional term under section 15 of the lease stating that the unit is exempt from the rent increase guideline because it meets the exemption set out in section 6.1 of the Residential Tenancies Act, 2006.

Purpose of the standard lease

The standard lease uses easy-to-understand language to help:

• Landlords and renters understand their rights and responsibilities
• Reduce illegal terms in leases and misunderstandings caused by verbal tenancy agreements
• Reduce the need for Landlord and Tenant Board hearings to resolve disputes

Who must use the standard lease?

The standard lease will apply to most residential tenancies in Ontario, including:

• Single and semi-detached houses
• Apartment buildings
• Condominiums
• Secondary units (for example, basement apartments)

A standard lease is not required for tenancies that have special rules or partial exemptions under the RTA, including:

• Care homes (for example, retirement homes)
• Mobile home parks and land lease communities
• Social and supportive housing exempt from the rent rules under the RTA (for example, housing subject to operating agreements under certain programs or where the tenant receives publically funded rent-geared-to-income assistance)
• Other forms of housing accommodation that are exempt from the RTA, such as member units in co-operative housing and transitional housing programs that meet certain requirements, are similarly exempt from the standard lease.

What is in a standard lease?

The standard lease form contains:

1. Mandatory fields that must be completed and cannot be altered or removed.

These fields include basic information that is included in every lease, including:

• The names of the landlord and renter
• The tenancy term, rent amount and services included
• Other terms which landlords and renters can agree to, such as rent deposits, key deposits, smoking rules, and renter's insurance

2.Optional additional terms, which allow landlords and renters to agree to terms or responsibilities that are unique to the rental unit.

Additional terms not consistent with a mandatory term of the lease or the RTA, are considered void and unenforceable.

3. General information for landlords and renters on rights, responsibilities and void/unenforceable conditions, including:

• Ending a tenancy
• Subletting
• illegal charges
• Pets
• Guests
• Landlord entry

To make sure that you are using the correct form of Standard Lease, please download the form here