Ontario leasing guide

The Ontario standard lease, explained

Since April 30, 2018, most private residential landlords in Ontario must use the government's standard lease, officially the "Residential Tenancy Agreement (Standard Form of Lease)", Form 2229E, for new tenancies. Here's what it is, who it applies to, and what happens if you skip it.

What is the standard lease?

It's a plain-language lease template published by the Province of Ontario. Using one form for every tenancy means both sides know their rights and responsibilities, and it reduces disputes over unclear or unenforceable clauses.

Who must use it?

Most private residential tenancies, apartments, houses, condos, and secondary units, where the agreement was entered into on or after April 30, 2018. A few types are exempt and have their own rules, including most care homes, sites in mobile home parks and land-lease communities, co-operative housing, and certain other units. If you rent out a normal residential unit, you almost certainly need it.

What it covers

The landlord and tenant(s), and the rental unit.
The term (fixed length, month-to-month, or other) and the start date.
Rent: the amount, when it's due, and how it's paid.
Services and utilities included in the rent, and who pays for what.
Rules, tenant's insurance, smoking, and how to contact the landlord.

You can add your own terms in the space provided, as long as they don't conflict with the Residential Tenancies Act. Terms that try to override the Act (for example, "no pets" clauses) generally aren't enforceable.

What if you don't provide it?

If you were required to use the standard lease and didn't, the tenant can ask for one in writing. You then have 21 days to provide it. If you don't:

The tenant may withhold up to one month's rent.
If you provide the standard lease later, the tenant generally has to pay that withheld rent, but if you still haven't provided it within 30 days after they started withholding, they don't have to pay it back.
The tenant may also be able to end a fixed-term tenancy early on 60 days' notice.

In short, skipping the standard lease can cost you a month's rent and weaken your position, so it's worth getting right.

Tips

Fill it out completely, blanks lead to disputes later.
Give the tenant a copy within 21 days of signing.
Use the current version of the form, it's updated from time to time.

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This guide is general information, not legal advice, and rules can change. Check the current requirements and download the official form from Ontario.ca, or consult a licensed paralegal or lawyer.