Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
The Residential Tenancies Act defines a tenancy agreement as a written, oral or implied agreement between a tenant and a landlord for the right to occupy a rental unit.
Recent changes to the Residential Tenancies Act, which became effective April 30, 2018, now require landlords to use Ontario’s Residential Tenancy Agreement (Standard Form of Lease) for all written tenancy agreements entered into on or after April 30, 2018.
Whatever tenancy agreement was in place when the tenancy commenced must continue as is. So unless they are willing to sign a lease, you cannot insist that they do so.
However, if the tenants do want a written tenancy agreement, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at https://www.ontario.ca/page/guide-ontarios-standard-lease
When you purchase a property with existing tenants you have to assume whatever agreement the tenants had in place with the previous owner. When the initial tenancy agreement expires, the tenancy continues on a month to month basis and you cannot require the tenants to sign a new lease.
However, if the tenants do want to sign a new lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at https://www.ontario.ca/page/guide-ontarios-standard-lease
There is no specific form for this purpose, you can usually just draft up an Addendum to the lease which is just a page you attach to the lease entitled Addendum stating the changes or additions and have all parties sign it.
It would seem that the lease allows one parking space. Whether or not the tenant has a car, she gets a space, as you mentioned, for her own “Lessee’s private passenger vehicle.” Therefore, according to the lease, she is entitled to a spot. The problem with enforcing this kind of wording in a lease is that you would have to prove that parking another vehicle in that space, her guest or someone else’s car, impacts on your right or enjoyment as a landlord. Or that it impacts the rights or enjoyment of another tenant in the building.
The tenancy continues as a statutory tenancy under the same terms and conditions of the original lease. The landlord is not obliged to sign another fixed term agreement after the initial agreement expires nor is the tenant.
However, if both you and the tenant want to sign another lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at https://www.ontario.ca/page/guide-ontarios-standard-lease
The responsibility for maintaining the property ultimately falls upon the owner and this includes clearing snow and mowing the lawn if the tenant fails to live up to the terms of the agreement.
If the tenant does not comply with this provision of the agreement the landlord doesn’t have much recourse, the Residential Tenancies Act does not set out any remedy for the landlord in this case. The purpose of including this clause in the rental agreement is basically to protect yourself against certain claims the tenant might have in the event of a problem.
If the tenants do not comply with the agreement, as specified in your written tenancy agreement, and paint in dark colours this may be considered damages. In this situation you could serve them with a notice of early termination based on damages (Form N5) in which they have 7 days to correct the problem.
If they have already moved out, as of September 1, 2021, landlords can file an application for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them.
If your tenancy agreement prohibits pets, that provision is void and not enforceable. Tenants are allowed to have pets. If problems occur as a result of the pet the legislation provides a variety of remedies.
Under the Residential Tenancies Act, tenants are allowed to have visitors/guests as long as they do not disturb or cause a problem for anyone else in the house. Therefore it may be difficult to enforce this rule even if it is stated in the rental agreement.
It is fairly common for a tenant to split the costs of renting by bringing in a permanent guest, roommate or “undertenant”. The Residential Tenancies Act includes no remedy for a landlord in such cases, because it does not consider it to be unlawful. A landlord can neither raise the rent to reflect the additional utility use, and wear and tear on the rental unit, nor prevent the tenant from having the roommate, as long as local municipal bylaws on occupancy standards are respected. The existence of a roommate in a tenant’s unit is not something the landlord can do anything about unless the “tenant” is required to share a kitchen or bathroom with the owner or the owner’s immediate family members as defined in the Act.
The tenant is not required to move at the end of the lease. Landlords often expect that a tenant will vacate at the end of the lease, however, there is no requirement under the Residential Tenancies Act to do so. If you have a fixed term tenancy agreement with the tenant and it expires, the tenancy continues on a month to month basis as a statutory tenancy under the same terms and conditions of the original lease.
Standard forms such as rental application can be found online. LSHC offers a rental application form that can be purchased at our office for $1.00 or available online in the members’ area under ‘rental tools’.
If landlords do not use the Standard Form of Lease when entering into a written tenancy agreement on or after April 30, 2018, they will have 21 days to provide one to the tenant after the tenant makes a written request.
If the landlord does not provide the tenant with a Standard Form of Lease after the written request was made, the tenant is allowed to withhold one month’s rent, or give the landlord a 60 days’ notice to end their tenancy early.
If the tenant chooses to withhold the rent, the landlord has 30 days to provide the tenant with the Standard Form of Lease. If the landlord does not do this, the tenant does not have to repay that month’s rent.
Note: The tenant is only allowed to withhold one month’s rent, and is expected to continue paying their rent for the rest of the tenancy.
The Ontario Residential Tenancy Agreement (Standard Form of Lease), can be found at https://www.ontario.ca/page/guide-ontarios-standard-lease
Ontario landlords entering into a written residential tenancy agreement on or after April 30, 2018 are required to use the Residential Tenancy Agreement (Standard Form of Lease) developed by the Ministry of Housing. A copy of this Standard Form of Lease is available at https://www.ontario.ca/page/guide-ontarios-standard-lease
Under the Residential Tenancies Act a tenant has the right to stay after the end of the lease term and they are not obligated to renew for another term, they can just remain on a month to month basis and under the same terms and conditions of the expired lease.
When you purchase a property with existing tenants, you assume whatever agreement they have in place with the previous owner even if it was a verbal agreement. They are not obligated to sign a new agreement with you, they can just carry on under the same terms and conditions of the original agreement.
However, if both you and the tenant want to sign another lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at https://www.ontario.ca/page/guide-ontarios-standard-lease
The simplest way to understand your situation is to say that as long as either one of the co-tenants occupy the rental unit that you rented to both of them originally, the original tenancy obligations might continue indefinitely. All three of you will have to agree to either end the tenancy completely, or to let one of the co-tenants out of the lease. They each have a joint a several responsibility to pay the rent, even if the other moves out or dies. If the wife agrees to let the husband be removed from his responsibility to the lease, it will not happen unless you also agree to the change. If you do agree (in writing), then the wife will have to pay the full rent herself, and will probably be forced to find a roommate to help her do so. If the wife fails to pay the full rent in the current scenario (and the husband fails to bail her out by paying), you would serve an N4 Notice to Terminate for Non-payment of Rent in both names, and file an L1 eviction application if needed. If a roommate does move in, however, the wife does not need your permission for this if the roommate is going to only pay rent to the wife. If the wife wants the roommate to be added to the lease as a co-tenant, you would screen that person the same way you would for any new applicant.
Ontario landlords entering into a written residential tenancy agreement on or after April 30, 2018 are required to use the Residential Tenancy Agreement (Standard Form of Lease) developed by the Ministry of Housing. A copy of this Standard Form of Lease is available at https://www.ontario.ca/page/guide-ontarios-standard-lease
Under the Residential Tenancies Act when a lease expires the tenants are allowed to remain on a month to month basis, they are not obligated to renew the lease for another 12 month term.
However, if both you and the tenant want to sign another lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at https://www.ontario.ca/page/guide-ontarios-standard-lease
If you allow the tenant to drop off “a few boxes” you are allowing them to live there as of that moment, because putting their belongings in is the same as moving themselves in. This just moves the occupancy date forward, so perhaps if you ask them to pay the additional rent up front they will be less inclined to move in early.