Lease Clauses That Protect Landlords: Beyond the Standard Form

The Ontario standard lease form is a minimum. Here's what additional clauses landlords should include.

Lease and Rental Management

Ontario's mandatory standard lease form establishes minimum terms for residential tenancies. Landlords may include additional clauses in the 'Additional Terms' section — as long as they don't violate the Residential Tenancies Act.

Pet clauses: while the RTA prohibits outright pet bans in standard clauses, landlords can include terms about pet conditions — species restrictions, damage responsibility, and maintenance obligations. A 'no pets without written consent' clause is enforceable.

Ontario Tenancy Law

Occupancy limits: the number of permitted occupants can be specified. While the RTA prohibits unreasonable occupancy restrictions, including a clear maximum occupancy consistent with municipal standards is defensible.

Smoking and vaping clauses: landlords can designate the unit as smoke-free and vaping-free. This is a valid additional term enforceable under the RTA.

Protecting Landlord Rights

Insurance requirement: requiring tenants to maintain tenant liability insurance is a legitimate additional term. Requiring proof of insurance before move-in and annually thereafter is practical.

Maintenance responsibility: specify which minor maintenance tasks are the tenant's responsibility — changing light bulbs, replacing smoke alarm batteries, maintaining air filters. Clear language prevents disputes about these items.

Property care standards: additional terms can specify care standards beyond the statutory minimum — snow clearing for a detached home with a private drive, lawn maintenance if included in the tenancy, or appliance care instructions.

Communication method: specifying that official communications must be in writing (email or postal mail) creates the documented record that protects both parties. A clause establishing the communication protocol prevents later disputes about verbal agreements.

Devon Moore, Operations Lead Co-Founder & Operations Lead — D&D Property Management

Devon Moore is the co-founder and Operations Lead at D&D Property Management, managing rental properties across Kitchener-Waterloo, Cambridge, Guelph and Waterloo Region.