Illegal Lease Clauses in Ontario: What’s Unenforceable and Why It Matters
Updated: January 2026
Written by the Keith and Françoise Real Estate Team, Ontario Realtors®.
Takeaway
In Ontario, a lease clause can be unenforceable even if both parties sign it. Any clause that conflicts with the Residential Tenancies Act or the Ontario Standard Form of Lease can be ignored or struck out. Understanding which clauses are illegal helps landlords avoid disputes and tenants recognize their rights.
Experience reviewing residential leases across the GTA and Niagara Region shows that illegal lease clauses are one of the most common sources of misunderstanding between landlords and tenants. Many of these clauses appear reasonable on paper but fail under Ontario tenancy law.
This article explains what makes a lease clause illegal in Ontario, why these clauses still appear in agreements, and how they are typically treated when disputes arise. For a broader discussion of enforceable clauses, see Ontario Lease Clauses That Hold Up at the Landlord and Tenant Board .
What Makes a Lease Clause Illegal in Ontario?
A lease clause is illegal in Ontario when it conflicts with the Residential Tenancies Act or attempts to remove rights that tenants are entitled to by law.
Even when a tenant agrees to a clause, Ontario tenancy law prioritizes statutory rights over private agreements.
Why Illegal Lease Clauses Still Appear
Illegal clauses often come from:
- Outdated lease templates
- Clauses copied from other provinces
- Online examples that do not reflect Ontario law
- Attempts to clarify responsibilities without legal review
Many landlords are unaware a clause is unenforceable until it becomes the subject of a dispute.
Common Examples of Illegal Lease Clauses
While every lease must be reviewed in context, commonly challenged clauses include:
- Waiving a tenant’s right to maintenance or repairs
- Automatic eviction clauses without notice
- Penalties or fines not permitted by the Act
- Restrictions that override statutory rights
These clauses are frequently struck out when reviewed by the Landlord and Tenant Board of Ontario .
What Happens If a Lease Contains an Illegal Clause?
An illegal clause does not invalidate the entire lease. Instead, the clause itself is typically unenforceable, while the rest of the lease remains in effect.
This often surprises both parties, particularly when a clause was relied on during screening or negotiation.
How Illegal Clauses Affect Disputes
When disputes arise, decision-makers focus on:
- Whether the clause conflicts with the Act
- Whether it removes tenant protections
- Whether it attempts to replace statutory rules
Clauses that merely clarify responsibilities may survive, while clauses that remove rights usually fail.
How Landlords and Tenants Can Protect Themselves
Landlords benefit from using current Ontario-compliant leases and avoiding language that attempts to contract out of the law.
Tenants should review additional clauses carefully and understand that signing does not always make a clause enforceable.
For an overview of how leases are structured in Ontario, see Leasing in Ontario .
Frequently Asked Questions
No. If a clause conflicts with the Residential Tenancies Act, it may be unenforceable even if both parties signed the lease.
Usually not. The tenancy may still be valid, but the illegal term may not be enforceable.
Yes, but only if those rules do not conflict with Ontario tenancy law or remove tenant protections.
Disputes are typically resolved through the Landlord and Tenant Board, which applies Ontario tenancy law rather than unenforceable lease wording.
TALK TO US ABOUT LEASE CLAUSE ISSUES
Lease clauses can look straightforward but have serious consequences. We help landlords and tenants understand which clauses hold up and which ones create unnecessary risk.
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