Ontario LANDLORDS: 5 Things to Know about the Govt Standard Lease Form
The Ontario Government has released the new Ontario Standard Form Lease that must be used
for all new residential leases in Ontario starting after April 30, 32018. Here are 5 answers to
commonly asked questions:
1. Have the forms been changed on the OREA offer to lease?
The OREA form 400 Offer to Lease has been changed to provide that the landlord will
provide the Ontario Standard Form Lease, incorporating the terms of the Offer to Lease, to
the Tenant for signature.
2. What happens if the landlord does not provide the new Lease Form to the tenant?
For new leases after April 30, 2018, if the tenant requests the new lease form and it is not
provided within 21 days of the request, the tenant can withhold one month’s rent. In addition,
if the new lease is not provided within 30 days after the tenant starts withholding rent, then
the tenant can terminate the lease at any time by giving 60 days’ notice.
3. Does this apply to existing leases that renew as month to month tenancies after April 30,
This does not apply to leases signed before April 30, 2018 that just renew as month to month
tenancies after April 30, 2018.
4. Can you add additional clauses to the new Standard Form Lease?
The answer is yes. For example, you can add in a no smoking clause, which can include
no smoking of marijuana or growing marijuana or cannabis plants. See below in the
printed version of this video for a sample no smoking clause to consider.
Due to the known health risks of exposure to second-hand smoke and the damages that may be
caused by growing marijuana or cannabis plants, increased risk of fire and increased
a) No Tenant, resident, guest, invitee or visitor shall smoke a Marijuana or other tobacco
cigarettes, cigars, electronic cigarette or any similar product whose use generates smoke or
vapors within the building and the Leased Premises. This prohibition includes all residential
units within the building, all balconies and patios, enclosed common areas, as well as outside
within 9 meters of doorways, operable windows and air intakes.
b) “Smoking” shall include inhaling, exhaling, burning or carrying of any tobacco or electronic
cigarette or similar product whose use generates smoke or vapor.
c) No Tenant shall grow any Marijuana, Cannabis or similar plant in any part of the Leased Premises.
5. Have the rules changed when you need to move your family back into the rental unit?
Besides waiting until the end of the tenancy, a landlord has to give 60 days’ notice to end the
tenancy if they want to move a member of their immediate family back into the rental unit
and pay one month’s rent to the tenant as a penalty. If a buyer is moving in, then no penalty
is required but a strategy must be developed to make sure that vacant possession can be given
on closing. I have assisted on may transactions in developing the necessary strategies to
make sure that the agreement closes as scheduled, which can include applications to the
tribunal in advance and negotiating compensation with the tenants to vacate early.
Contributed by: Mark Weisleder
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