02 May A New Process for Leasing – Ontario’s New Standardized Lease Agreement
As of April 30, 2018, it will become mandatory for most residential landlords to use a 13-page standardized lease agreement to simplify and prevent tenants from being confused by lengthy agreements that are hard to understand. The new agreement will not apply to places like care homes, mobile home communities and certain social and supportive housing.
There are considerable consequences for failing to use this new agreement:
- If the tenant requests this agreement and does not receive a copy within 21 calendar days from entering the lease, the tenant has the right to hold back a months rent.
- If the landlord fails to provide a copy of the agreement to the tenant, the tenant has the right to cancel the lease all together.
The new lease agreement is written in easy to understand language and includes information like:
- The amount of rent,
- When rent is due,
- What is included (like air conditioning or parking) and any rules or terms about the rental unit (like no smoking),
- When the landlord can enter the unit
To see the new lease agreement please click the link.
What basic information should a landlord consider before renting?
Prior to renting your property, you should read over the new standardized lease agreement carefully to ensure that renting your place will be a benefit to you rather than a hindrance. Tenants have a lot of rights and the eviction process for a landlord can be long and hard. Here are some basic rights that your tenant has:
- The tenant has the right to assign or sublet your place with your consent which cannot be unreasonably or arbitrarily withheld – this could be an airbnb or similar.
- The tenant has the right to allow other people to live in the property as long as it adheres to the numbers outlined by health, safety or housing standards.
- The tenant has the right to have pets. The landlord is not able to prohibits pets unless the condo or building has its own rules that state no pets.
- The tenant cannot be evicted because the landlord sells or wants to sell until the lease has ended, and if the landlord does sell the property before a lease is finished then he or she must ensure that the buyer agrees to continue the existing rental agreement. The buyer, as the new landlord, will then need to continue with the agreement and cannot force the tenant out before the end of the lease.
The following link can be used to assist in knowing which forms need to be used for each case or situation. The total eviction process can take an average of 90 days.
If you are considering renting your place a great place to find answers to questions is the Landlord Self-Help Center. Always seek legal advice before making this big decision.