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

This article is part of our complete guide to leasing in Ontario. It covers the lease terms that work. For the terms that are void, see our companion article on illegal lease clauses in Ontario.

Many landlords assume that anything both sides sign becomes enforceable. However, in Ontario it doesn’t work that way. Some lease terms hold up, some are void, and others depend on how they’re written and the facts of the dispute. Knowing the difference before you sign saves both sides a lot of trouble later.

How Do Additional Terms Work in the Ontario Standard Lease?

Most private residential tenancies that began on or after April 30, 2018 must use the Ontario Standard Lease. The form has 17 sections, and section 15 is for additional terms the landlord and tenant agree to. Those terms must be attached to the lease, written in plain language and, if typed, in at least 10-point font. According to Ontario’s guide to the form, any extra term that tries to take away a right or responsibility under the Act is void.

That rule comes from section 4 of the Residential Tenancies Act, which voids any term inconsistent with the Act. The rest of the lease stays in force. So the first test for any of your Ontario lease clauses is simple: does it conflict with the Act? For the terms that fail that test, read our article on illegal lease clauses in Ontario.

Standard Lease Sections That Already Cover Common Ontario Lease Clauses

Before writing an additional term, check whether the form already has a place for it. Ontario’s guide describes these sections:

• Section 2, Rental unit. The number and location of parking spaces, and, for a condo, the tenant’s agreement to follow the declaration, bylaws and rules the landlord provides.
• Section 6, Services and utilities. Which services are included in the rent and who pays for electricity, heat and water.
• Section 7, Rent discounts. Any discount, and the full rent owed once it ends.
• Section 9, Key deposit. Whether one is required and how much, within the legal limits.
• Section 10, Smoking. Any smoking rules for the rental unit.
• Section 11, Tenant’s insurance. Whether the tenant must carry liability insurance.
• Section 14, Assignment and subletting. The tenant needs the landlord’s consent, and this section can’t be changed by agreement.

Using the right section matters, because it puts the term exactly where a tenant, a landlord or the Board expects to find it.

What Should You Include in Your Ontario Lease?

Start with the details that cause the most disputes when they’re vague. In our experience, that’s utilities, parking and condo rules. After that, add only the extra terms the property needs.

Ontario Lease Clauses to Include

Name every utility in section 6 and say who pays it: electricity, heat, water, and any rental equipment such as a hot water tank. “Utilities” on its own invites an argument. Likewise, identify parking by spot or unit number in section 2, record any key deposit in section 9, and set out any rent discount in section 7.

Optional but Smart

Also, smoking rules for the unit belong in section 10, and a liability insurance requirement belongs in section 11. In section 15, a term asking the tenant to report maintenance problems promptly is reasonable and helps both sides. Lawn care and snow clearing terms need more care, as we explain below. Finally, a landlord can suggest a payment method, but can’t require post-dated cheques or automatic payments.

Leave Out

Some terms are void under the Act: damage or pet deposits, no-pet and no-guest rules, bans on roommates, late fees, early termination penalties, and repair costs shifted to the tenant. After all, including them doesn’t protect anyone. Instead, it creates expectations the Board won’t enforce. For the wider relationship, see our article on tenant rights and landlord obligations in Ontario.

What Ontario Lease Clauses Hold Up?

Ontario lease clauses that hold up share three traits. They’re specific, they don’t remove a right under the Act, and they fit the property. Here are the most common ones.

Utility Clauses in an Ontario Lease

A utility term works when it’s explicit. For example, “Tenant pays electricity, billed directly to the tenant’s own account with the local utility” is clear. By contrast, “tenant pays utilities” leaves room for argument, especially where meters are shared. Shared utilities require particular care. If a landlord intends to divide utility costs between rental units, the arrangement must comply with the applicable Residential Tenancies Act requirements and utility-apportionment regulations. A percentage written into a lease is not necessarily enough to make the charge lawful.

Smoking Clauses in an Ontario Lease

The Standard Lease has its own smoking section. Under provincial law, smoking isn’t allowed in indoor common areas of a building, and section 10 lets the two sides agree on rules for the unit itself. So a clear rule such as “no smoking inside the unit or on the balcony” is valid. However, breaking it doesn’t automatically end a tenancy, as we explain below.

Tenant Insurance Clauses in Ontario

A landlord can require liability insurance. Section 11 of the Standard Lease lets the two sides agree that the tenant must carry it, and the tenant must show proof if the landlord asks. Contents insurance, on the other hand, is up to the tenant, according to Ontario’s guide.

Parking and Key Replacement

To begin with, a parking spot identified by number, with any fee stated, is a clear term. Similarly, a refundable key deposit is allowed, as long as it doesn’t exceed the expected cost of replacing the keys or fobs. A charge above that cost isn’t allowed.

Landlord Entry and Notice Requirements

For most entries permitted under section 27 of the Residential Tenancies Act, landlords must give at least 24 hours’ written notice stating the reason, date and time of entry. A landlord may choose to provide more notice when practical. However, the Act also permits certain entries without advance written notice, including emergencies and entry with the tenant’s consent at the time. Any additional lease term should respect those statutory rights and exceptions. For the full entry rules, see our article on access and showings during a tenancy in Ontario.

Which Ontario Lease Clauses Fall Into a Grey Area?

Some Ontario lease clauses aren’t clearly valid or clearly void. For these, the outcome depends on the wording, the property and the facts of the dispute.

Lawn Care and Snow Clearing

The landlord’s maintenance obligation covers the whole residential complex, including exterior grounds, not just the unit. The Board’s Interpretation Guideline 5 also says a lease term making the tenant responsible for maintaining any part of the unit or complex, beyond ordinary cleanliness and damage, is unenforceable. So a lease term making the tenant responsible for lawn care or snow clearing may not be enforceable as a maintenance obligation, even for a house the tenant rents alone. Get legal advice before relying on one.

The Ontario Court of Appeal considered this issue in Montgomery v. Van (2009 ONCA 808). The Court distinguished between a tenant’s obligations under a residential lease and a separate agreement to provide maintenance services. A landlord and tenant may enter into a separate agreement for the tenant to perform certain maintenance services, such as snow removal. However, the arrangement must be legally distinct from the tenancy agreement and cannot eliminate the landlord’s statutory maintenance responsibilities.

Air Conditioning

Since July 1, 2026, tenants generally have the right to install a window or portable air conditioner when the landlord does not supply air conditioning, provided they meet the Act’s requirements. These include written notice before installation, safe and secure installation, compliance with applicable laws and preventing damage. Where electricity is included in the rent, a landlord may charge for the electricity used by a qualifying air conditioner installed on or after July 1, 2026, unless the tenancy agreement expressly allows installation without a rent increase. The charge cannot exceed the actual electricity cost or a reasonable estimate where the actual cost cannot be established. The landlord must reduce the rent by that amount when the tenant removes the unit or stops using it seasonally.

Barbecues and Quiet Hours

Barbecue and noise rules should be based on applicable law, condominium requirements and the property’s circumstances. For example, a condominium may have enforceable restrictions on balcony barbecues, while municipal bylaws may regulate noise. A landlord can also propose reasonable additional terms, but their enforceability depends on whether they are consistent with the Residential Tenancies Act and other applicable requirements.

Assignment and Subletting

Meanwhile, section 14 of the Standard Lease covers this, and it can’t be changed by agreement. Both assignments and sublets need the landlord’s consent, but different rules apply. A landlord can refuse an assignment in principle. If the landlord agrees in principle, they can’t arbitrarily or unreasonably reject a proposed assignee, and they also can’t arbitrarily or unreasonably refuse a proposed subtenant.

How Do Ontario Lease Clauses Work for Condos?

Condo rentals add another layer of rules. When a landlord rents out a condo unit, section 2 of the Standard Lease records that the tenant agrees to follow the condominium’s declaration, bylaws and rules that the landlord provides. That’s why condo rules can restrict things a lease alone can’t, such as certain pets.

Give the Tenant the Condo Documents

First, provide the current declaration, bylaws and rules at signing, and keep a dated record that you did. That matters, because the Standard Lease refers to the rules “provided by the landlord.” If the rules change during the tenancy, give the tenant the updated version as well.

Parking, Lockers and Utilities in Condos

In addition, identify the parking space and locker by their level and number, and state any fee separately. Next, check how the building bills utilities. Some condos include water or heat in the common expenses, while electricity is often billed to each unit. The lease should match how the building bills, otherwise the end of the tenancy can turn into a dispute. For more, see our article on renting a condo in Ontario.

What Happens When an Ontario Lease Clause Is Broken or Void?

It depends on whether the clause is valid. First, a void clause won’t be enforced at all. A valid clause, on the other hand, still doesn’t give the landlord a direct path to eviction just because it was broken.

A Void Clause Is Set Aside

At a hearing, the Board won’t enforce a term that conflicts with the Act. That doesn’t decide a separate claim that is otherwise valid, such as unpaid rent or damage. However, the landlord can’t rely on the void term to support it.

Breaking a Valid Clause Isn’t Automatically Grounds for Eviction

The Act lists the reasons a landlord can end a tenancy, and breaking a lease term isn’t one of them on its own. Instead, a landlord usually has to show a ground the Act recognizes, such as substantial interference with others, undue damage or a safety risk. For example, smoking in breach of a no-smoking term may lead to an application if it causes substantial interference or damage. In that case, the term helps show what both sides agreed to, but the ground still comes from the Act.

Damage Has Its Own Process

Tenants are responsible for undue damage caused by the wilful or negligent conduct of themselves, another occupant, or someone they permit into the property. During a tenancy, a landlord can claim the cost on an L2. After the tenant moves out, the landlord uses an L10, filed within one year. For how a tenancy properly ends, see our article on how residential leases end in Ontario.

How Do You Write Ontario Lease Clauses That Hold Up?

Four steps separate a clear lease from one that causes problems.

Step 1: Use the Right Section

First, check whether the Standard Lease already has a section for the term. Utilities, parking, smoking, insurance, key deposits and condo rules all have a place on the form. Section 15 is for whatever is left.

Step 2: Check It Against the Act

Next, ask whether the term removes a right the Act gives tenants or imposes a fee the Act doesn’t allow. If it does, it’s void, however it’s worded. There’s no version of an illegal term that the Board will enforce.

Step 3: Make It Specific

Then write the term so a stranger could read it and know exactly what was agreed. For example, “Tenant must keep the unit clean” largely repeats an existing statutory responsibility. A more useful additional term might explain the property’s garbage and recycling collection arrangements, including where bins are stored and when collection takes place. Any division of responsibilities must remain consistent with the landlord’s maintenance obligations.

Step 4: Read It From the Other Side

Finally, read each term as if you were the other party. Would it make sense to a tenant, or to a landlord, if a dispute came up a year from now? A short section 15 with a few clear terms is worth more than a long one full of vague or void ones.

We are not lawyers or paralegals, and this article is general information, not legal advice. It covers ordinary private tenancies under the Residential Tenancies Act, Ontario’s guide to the Standard Lease and Landlord and Tenant Board guidance as of October 2026. Social housing, care homes and shared accommodation can involve different rules. These rules can change. Before relying on or challenging a lease term, speak with an Ontario lawyer or a licensed paralegal.