Lease Agreement Generator

Understanding Lease and Roommate Agreements in Canada

Provincial Tenancy Rights Overview

In Canada, landlord-tenant relationships are governed by provincial and territorial legislation. Each province has its own Residential Tenancies Act (or equivalent) that sets out the rights and obligations of both landlords and tenants. These laws generally cannot be overridden by any private agreement, meaning that any clause in a lease that contradicts the applicable legislation is void and unenforceable.

Ontario Standard Lease Requirement

Since April 30, 2018, most residential landlords in Ontario are required to use the Ontario Standard Lease (Form 2229E) for new tenancy agreements. This form was created under the Residential Tenancies Act, 2006 and ensures that all mandatory terms are included. If a landlord does not provide a Standard Lease within 21 days of a tenant's written request, the tenant may withhold one month's rent. This generator creates a supplementary agreement; Ontario landlords should still use Form 2229E as the primary lease document.

Last Month's Rent Deposit Rules

• Ontario: Landlords can only collect a last month's rent deposit (not a security or damage deposit). The deposit cannot exceed one month's rent and must be applied to the last month of the tenancy. The landlord must pay interest on this deposit annually at the guideline rate.
• British Columbia: Landlords can collect a security deposit of up to half a month's rent, plus a pet damage deposit of up to half a month's rent if pets are allowed.
• Alberta: Security deposits cannot exceed one month's rent. Landlords must place the deposit in a trust account and return it (with interest) within 10 days of the tenancy ending.
• Quebec: Landlords cannot require any security deposit or last month's rent deposit.

Tenant Rights

• Rent Increase Limits: In Ontario, annual rent increases are capped at a provincial guideline amount (typically around 2.5%). In BC, Alberta, and other provinces, similar caps or guidelines apply. Landlords cannot increase rent more than once per year (once every 12 months).
• Eviction Protections: Tenants can only be evicted for specific reasons outlined in the applicable tenancy legislation (e.g., non-payment of rent, illegal activity, landlord's own use). Proper notice periods must be followed.
• Right to Privacy: Landlords must provide advance written notice (typically 24 hours) before entering a rental unit, except in emergencies.
• Maintenance: Landlords are responsible for maintaining the property in a habitable condition and complying with all health and safety standards.

Roommate Agreements vs. Official Leases

• Roommate Agreement: An agreement between co-tenants or between a primary tenant and a subtenant. These are generally considered private contracts and may not be fully covered by provincial tenancy legislation. However, they are still legally enforceable as contracts.
• Official Lease: A binding agreement between a landlord and tenant that is subject to the full protections of provincial tenancy legislation. This provides stronger legal protections for tenants.
• Key Difference: If you are renting directly from a landlord, you need an official lease. If you are sharing a space with someone who is already on the lease, a roommate agreement governs the relationship between you and the other occupant.

Dispute Resolution

• Ontario: The Landlord and Tenant Board (LTB) handles disputes between landlords and tenants. Tenants can file applications regarding maintenance, rent increases, evictions, and other issues. Roommate disputes (between co-tenants) may need to be resolved through Small Claims Court instead.
• British Columbia: The Residential Tenancy Branch (RTB) provides dispute resolution services.
• Alberta: The Residential Tenancy Dispute Resolution Service (RTDRS) offers an alternative to court for resolving disputes.
• General: Before escalating to any formal process, consider direct communication or mediation. Many communities offer free or low-cost mediation services.