Ontario Lease Clauses That Hold Up at the Landlord and Tenant Board

Updated: January 2026

Lease clauses are one of the most common sources of disputes at the Landlord and Tenant Board. Many landlords rely on clauses copied from old leases, online templates, or advice that no longer reflects Ontario tenancy law.

This article explains which clauses typically hold up under review and which ones do not. For a broader explanation of lease structure, deposits, and enforcement, refer to our main guide on Leasing in Ontario.

Why Signed Clauses Still Get Rejected

In Ontario, a tenant’s signature does not override the law. Even when both parties agree, clauses that conflict with the Residential Tenancies Act are unenforceable.

As a result, the Landlord and Tenant Board focuses on substance rather than consent. If a clause removes a statutory right or attempts to shift a legal obligation, it will not stand.

Balancing Protection for Landlords and Tenants

When representing landlords, we are frequently asked to include clauses that are not legally enforceable. While our role is to protect our clients’ interests, it is equally important to respect tenant rights under Ontario law.

This balance matters. The Residential Tenancy Agreement, also known as the Ontario Standard Form of Lease, carries more weight than any additional wording added by the parties. Regardless of intent, clauses that conflict with the Standard Lease or the Residential Tenancies Act do not hold up at the Board.

As Realtors®, we focus on reducing risk for landlords while ensuring leases remain fair, lawful, and defensible. In practice, that approach protects both sides and leads to fewer disputes over time.

The Legal Hierarchy That Matters

When a dispute reaches the Landlord and Tenant Board, a clear hierarchy applies.

1. The Residential Tenancies Act
2. The Ontario Standard Form of Lease
3. Additional clauses that do not conflict with either

Understanding this order helps landlords avoid relying on clauses that appear reasonable but fail under scrutiny.

Clauses That Commonly Hold Up

Clauses that clarify responsibility, process, or logistics often survive review when they align with Ontario tenancy law.

• Utility responsibility where metering and allocation are clear
• Condo rules and compliance requirements
• Notice procedures that mirror statutory timelines
• Alterations and décor clauses with reasonable consent language

These clauses work because they explain expectations rather than remove rights.

Clauses the Landlord and Tenant Board Commonly Strikes

Certain clauses appear frequently in leases despite being routinely rejected.

• Damage deposits or pet deposits
• Automatic rent increases outside guideline rules
• Mandatory post-dated cheques
• Clauses waiving maintenance obligations
• Limits on guests or overnight visitors

Even when tenants agree to these terms, the Board generally considers them unenforceable.

Schedule A: Useful but Often Misused

Schedule A clauses can add value when used correctly. Problems arise when landlords attempt to rewrite the law through Schedule A rather than supplement the Standard Lease.

Effective Schedule A clauses focus on property-specific details such as utilities, parking, storage, or condo procedures. Clauses that attempt to transfer core landlord obligations typically fail.

Snow Removal and Lawn Care Clauses

Landlords often attempt to transfer snow removal or lawn care obligations to tenants. Under Ontario law, landlords remain responsible for property maintenance.

In limited situations, tenants may perform routine tasks by agreement. However, the clause must be clear, reasonable, and structured as a service arrangement rather than a waiver of responsibility.

Condo-Specific Clauses

Condominium leases involve an additional layer of governance. Clauses requiring tenants to comply with condo declarations, bylaws, and rules generally hold up.

Because condominium rules override lease terms, these clauses protect both landlords and tenants by setting expectations upfront.

Pets, Rights, and Practical Reality

In most non-condominium rentals, clauses prohibiting pets are unenforceable. That said, legal rights and practical relationships are not always the same thing.

From experience, transparency matters. If a tenant knows a landlord is uncomfortable with pets, obtaining one without discussion often damages trust, even when permitted by law. A strong landlord-tenant relationship established at the outset tends to pay off over time.

Illegal Basement Clauses

Clauses attempting to limit tenant remedies for illegal or non-compliant basement apartments do not hold up. Safety and habitability obligations cannot be waived through lease wording.

If a unit does not meet zoning or fire code requirements, clauses will not protect the landlord from enforcement action or tenant remedies.

Where the Board Looks for Guidance

The Landlord and Tenant Board applies the Residential Tenancies Act and relies on the Ontario Standard Form of Lease.

For applications, decisions, and official resources, visit the Landlord and Tenant Board of Ontario.

Leasing Strategy, Not Just Paperwork

Professional boundary note: This article reflects common Ontario leasing practice from a Realtor® perspective. For legal interpretation or dispute resolution, independent legal advice should be obtained.