The Ontario Standard Lease (Form 2229E): What Landlords Need to Know

01

Is the standard lease mandatory in Ontario?

Yes, for most private rentals. Section 12.1 of the Residential Tenancies Act, 2006 (RTA) requires tenancy agreements for a prescribed class of tenancies to be in the prescribed form. Ontario Regulation 9/18 sets the start date as April 30, 2018 and names the form: the Residential Tenancy Agreement (Standard Form of Lease). For agreements entered into on or after March 1, 2021, the required version is the one dated 2020/12, in English (2229E) or French (2229F), from the Government of Ontario Central Forms Repository.

It applies to landlords of most private rental units, from individuals to property management companies. The regulation also requires the full form, including the appendix, in substantially the same format. The landlord and tenant must both sign the agreement on or before the day the tenant is entitled to move in.

02

Which tenancies don't need the standard lease?

According to Ontario's guide and O. Reg. 9/18, the standard lease does not apply to:

• Care homes
• Sites in mobile home parks and land lease communities, where the rental is only the site
• Most social and supportive housing, including rent-geared-to-income units funded publicly
• Co-operative housing
• Certain other special tenancies described in the RTA and its General regulation
• Subtenancies and sublet agreements, which the regulation says are not included
• Agreements entered into before April 30, 2018, even if they are later renewed or deemed renewed

03

What happens if a landlord doesn't use the standard lease?

The lease isn't automatically void. Section 12.1(11) of the RTA says an agreement isn't void, voidable or unenforceable only because it doesn't follow the standard form. However, the tenant gets these rights under the RTA:

1. Demand in writing. Once during the tenancy, the tenant can demand in writing that you give them a proposed standard lease for the same unit, already signed by you.
2. Withhold rent after 21 days. If at least 21 days pass and you haven't complied, the tenant can withhold rent payments that come due after that point, up to a total of one month's rent. They can't withhold any more once you comply.
3. Repayment depends on timing. You can only require the tenant to repay the withheld rent if you provide the standard lease no later than 30 days after the first withheld payment. That applies even if the tenant then doesn't sign it. Otherwise, Ontario says the tenant can keep it.
4. Early termination. In a yearly or fixed-term tenancy, the tenant may end it if 21 days pass without compliance, or if they decline to sign the lease you provide. Notice must be at least 60 days, end on the last day of a rental period, and be given within 30 days after you provide the proposed agreement.

Otherwise, Ontario's guidance says the tenant must keep paying rent for the full term.

04

What additional terms can you add to the standard lease?

Section 15 of the standard lease lets you and the tenant agree to additional terms specific to the tenancy, attached to the lease. Ontario's guide says they should be in plain language, state clearly what each party must do, and use at least 10-point font if typed, for example rules on common spaces or amenities.

Under the regulation, an additional term that is inconsistent with the lease's mandatory terms is void. The RTA (section 4) also voids any term that is inconsistent with the Act. Ontario's guide lists these void terms:

• No-pets clauses (but a tenant can be required to follow condominium rules, which may prohibit certain pets)
• Bans on guests, roommates or additional occupants
• Deposits, fees or penalties the Act doesn't allow, such as damage or pet deposits, or interest on rent arrears
• Making the tenant pay for repairs that are the landlord's responsibility

Sections 12 (changes to the unit), 13 (maintenance and repairs) and 14 (assignment and subletting) can't be changed. Extra details go in section 15. A rent deposit (section 8) can't be used as a damage deposit; see our last month's rent guide.

05

How do signatures and copies work?

• Every landlord and tenant named in section 1 must sign section 17. Electronic signatures are allowed if both parties agree.
• With more than one tenant, each is responsible for the full rent.
• Under section 12 of the RTA, you must give the tenant a copy of the signed agreement within 21 days after they sign it and give it to you. The agreement must show your legal name and the address for notices.
• Until you meet those section 12 requirements, the tenant's obligation to pay rent is suspended. Once you comply, you can require payment of the rent that was withheld.
• Any later changes to the agreement must be agreed in writing (section 16).