Ontario's Standard Lease: What Landlords Must Include

Since April 30, 2018, most residential landlords in Ontario have been required to use the provincial Standard Form of Lease for tenancy agreements. The requirement applies to private residential rentals in most categories — including apartment units, houses, condominiums, and basement apartments — and was introduced under Ontario Regulation 9/18 to the Residential Tenancies Act, 2006.

A lease that deviates from the Standard Form, or that omits required sections, does not become unenforceable — but landlords who fail to provide the Standard Form when a tenant requests it face specific consequences under the Act.

Who Must Use the Standard Lease

The requirement applies to most private residential rental units in Ontario entered into on or after April 30, 2018. Exemptions include:

• Social housing and subsidized housing governed by other provincial programs
• Care homes (retirement homes and long-term care facilities)
• Mobile home parks and land lease communities
• Agreements to lease that predate April 30, 2018

The most current version of the Standard Lease form is available directly from the Ontario government website. Using an outdated version of the form — for example, a 2018 version when a newer one is available — can create complications.

Structure of the Standard Lease

The Ontario Standard Lease is organized into numbered sections. Key sections include:

Section 1 — Parties and Rental Unit

Identifies the landlord, all tenants who are parties to the agreement, and the full address of the rental unit including unit number. Where the landlord is a corporation, the corporation's legal name should be used, not a trade name.

Section 2 — Contact Information

Records the landlord's mailing address and, if different, the address of the person authorized to receive notices on behalf of the landlord. This is legally significant: under the RTA, a Notice of Termination from a tenant must be delivered to the address listed here.

Section 3 — Term of Tenancy

Specifies start date, whether the tenancy is fixed-term or month-to-month, and end date if applicable. A common misconception is that a fixed-term lease automatically ends when the term expires. Under the RTA, unless the tenant receives proper notice or vacates, a fixed-term tenancy converts to a monthly tenancy at the end of the term on the same terms — including the same rent.

Section 4 — Rent

Records the total monthly rent, the portion attributed to parking or storage if applicable, and the due date. The Standard Lease requires that rent be stated as a total amount — it should not be split into a "base rent" plus separate charges that are actually part of the rental cost, as this can affect rent increase calculations.

Section 5 — Services and Utilities

Lists which utilities are included in the rent (heat, hydro, water) and which are the tenant's responsibility. If a utility is incorrectly listed, the LTB can make an order on what was actually agreed. Landlords should be specific: "heat included" should clarify whether that means central heating only or also includes air conditioning.

Section 7 — Rent Deposit

Ontario permits landlords to collect a last month's rent deposit at the start of a tenancy. The deposit cannot exceed one month's rent, must be applied to the last month of the tenancy, and must be kept in trust. Landlords are required to pay interest on the deposit annually at the current Ontario rent increase guideline rate.

Section 8 — Additional Terms

This section allows parties to add terms that are not already in the Standard Lease. Any additional term that contradicts the RTA is void — the lease will still be valid, but the offending clause will be treated as if it does not exist. Common void clauses include:

• "Tenant is responsible for all repairs regardless of cause"
• "No guests permitted for more than 2 consecutive nights"
• "Landlord may enter unit with 12 hours notice instead of 24 hours"
• "Tenant waives right to sublet"
• "Tenant agrees not to apply to the LTB for any reason"

What Happens if the Landlord Does Not Use the Standard Lease

If a tenant requests the Standard Lease in writing and the landlord does not provide it within 21 days, the tenant can withhold one month's rent without penalty. If the landlord still has not provided the lease within 30 days after that, the tenant is not required to repay the withheld month's rent. These provisions are set out in section 12.1 of the RTA.

Lease vs. Verbal Agreements

A verbal tenancy agreement is legally valid in Ontario. However, without a written lease, disputes about terms become difficult to resolve. The LTB will apply the minimum standards of the RTA regardless — meaning a landlord cannot enforce a verbal condition that would not be enforceable in a written lease — but having written documentation of agreed terms simplifies tribunal proceedings considerably.

Signing and Copies

Both parties must sign the lease. The landlord is required to provide the tenant with a signed copy of the agreement within 21 days of the tenant signing. Failure to provide a copy does not invalidate the tenancy, but it is a breach of the landlord's obligations under the RTA.

British Columbia: A Different Framework

British Columbia does not use a single mandated standard lease form for all residential tenancies, although the province provides a sample residential tenancy agreement through the Residential Tenancy Branch. Under the Residential Tenancy Act (BC), any term in a tenancy agreement that is inconsistent with the Act or its regulations is of no effect.