Tenant Screening in Ontario: What Landlords Can Ask
Updated: February 2026
Written by the Keith & Françoise Real Estate Team, Ontario Realtors®, with experience reviewing residential lease clauses and seeing how they are treated in real Ontario tenancy disputes.
Key Takeaway
In Ontario, lease clauses tend to hold up when they clarify responsibilities without removing tenant rights. Clauses fail when they conflict with the Residential Tenancies Act, even if both parties agreed to them.
Lease clauses are one of the most common sources of disputes at the Landlord and Tenant Board. Many landlords rely on clauses copied from older leases, online templates, or advice that does not reflect how Ontario tenancy rules are applied in practice.
This article supports our main guide on Leasing in Ontario, which explains the full tenancy framework. This page focuses narrowly on the types of clauses that tend to hold up under scrutiny, based on observed outcomes rather than legal theory.
What it means for a lease clause to “hold up” in Ontario
A lease clause holding up does not mean it creates new rights or overrides Ontario tenancy law. In practice, it means the clause is treated as enforceable because it aligns with existing legal obligations and clarifies how those obligations apply to a specific property.
The Landlord and Tenant Board generally looks at substance over wording. Clear clauses that reflect the Residential Tenancies Act tend to survive review. Clauses that attempt to restrict tenant rights usually do not.
Clauses that clarify responsibilities
Clauses that explain who is responsible for routine tasks or shared areas often hold up when they are specific and reasonable.
Examples include clauses that:
- Clarify snow removal or lawn care responsibilities where access is clearly defined
- Explain utility arrangements, including how costs are divided if services are shared
- Set reasonable expectations for cleanliness or minor upkeep without shifting maintenance obligations
These clauses tend to work because they describe how responsibilities are carried out, not whether those responsibilities exist.
Clauses that reinforce existing legal rules
Some clauses restate obligations that already exist under Ontario tenancy law. These clauses do not create new authority, but they often hold up because they are consistent with the law.
Common examples include clauses addressing:
- Tenant obligations to avoid damage or negligent use
- Requirements to comply with condominium rules where applicable
- Notice expectations that mirror statutory notice requirements
These clauses are typically treated as valid because they reflect obligations that already apply.
Why intent matters more than wording
In practice, disputes often arise not from how a clause is written, but from what it attempts to do. Clauses that attempt to shift legal responsibility, waive rights, or create penalties outside the Act are far more likely to fail.
This is why two clauses that appear similar on paper can be treated very differently depending on their effect.
How this differs from illegal lease clauses
This article focuses on clauses that tend to hold up because they align with Ontario tenancy rules. It does not attempt to catalogue clauses that fail.
For a focused review of clauses that are commonly rejected, see Illegal Lease Clauses in Ontario.
Where lease clauses fit into the broader tenancy framework
Lease clauses are only one part of leasing. Even well-drafted clauses do not replace proper tenant screening, compliance with notice rules, or correct termination procedures.
For the full Ontario leasing framework, return to our main guide on Leasing in Ontario.
Frequently Asked Questions
Landlords can request information related to affordability and reliability, including proof of income, credit history, rental references, and identification for verification.
Yes. Screening criteria should be applied consistently to avoid compliance issues and disputes.
A landlord can request a credit check or ask an applicant to provide a credit report, provided the request is applied consistently.
The screening process is generally similar, but condo rentals are also subject to condominium corporation rules that tenants must follow.
Credit history may be considered as one factor in tenant screening, provided decisions are applied consistently and are not based on prohibited grounds.
Ontario allows a last month’s rent deposit. First month’s rent is typically collected at the start of the tenancy, but additional deposits are restricted.
Not sure if your screening approach is creating risk?
Small assumptions can lead to long delays or disputes. We help landlords, tenants, and property owners understand how Ontario leasing rules actually work before decisions are made.
Disclaimer: This page is provided for general information only and does not constitute legal advice. Ontario tenancy outcomes depend on specific facts and current legislation. For authoritative guidance, consult Tribunals Ontario or a qualified Ontario legal professional.