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Apartment and Condo Leases - The Basics >
There is a lot of important information to know about signing a lease and your rights as a tenant. Below is a very quick summary. Note that this is sourced from the Ontario Landlord and Tenant Board. As such, please go to their website for more details regarding leases.
The Lease
The Lease, also known as the tenancy agreement is a contract between a landlord and tenant in which the tenant agrees to pay rent for the right to occupy a rental unit provided by the landlord. It can be written or an oral arrangement (we recommend against an oral agreement). In a tenancy agreement, the landlord and tenant promise to do certain things for each other and to follow certain rules. Each party has the right to expect that the other party will fulfill all the promises made in the agreement.
The lease must include the landlord’s legal name and address. Leases often contain information about the date the tenant will move into the rental unit, the rent amount, the date rent is to be paid, what services are included in the rent (such as hydro or parking) and any separate charges. They may also set out the rules that the landlord requires all tenants to follow. In most cases, a lease has a fixed term meaning the tenant agrees to rent the unit for a specific length of time. The lease generally has a start date and an expiry date. The most common length of a fixed term lease is one year.
Signing the Lease
Once the landlord decides to rent to a prospective tenant, they may prepare a lease for the prospective tenant to sign. After the tenant has signed the lease and returned it to the landlord, the landlord then has 21 days to give the tenant a copy that has the signatures of both the tenant and the landlord.
Where there is no written tenancy agreement, a landlord must inform the tenant, in writing, of its legal name and address within 21 days after the tenancy begins. The tenancy begins on the date the tenant is entitled to move into the unit, even if the tenant does not move in on that date.
Renewing the Lease
When the fixed term of a lease is coming to an end, the landlord will usually send the tenant a lease renewal form asking the tenant to renew the lease for an additional term. In addition, the form may set out an increase in rent which must be given to the tenant at least 90 days before the rent increase is to take effect. Upon receiving the renewal form, the tenant has three options:
Ending the Lease
If a tenant wishes to move out at the end of their lease, they must give the landlord proper written notification at least 60 days prior to the end of the lease (in a fixed-term scenario) or end of the rental period (if they’ve continued their tenancy but not committed to another fixed term).
The form the tenant should use to give notice is called the Tenant’s Notice to Terminate the Tenancy (Form N9). The landlord will be able to provide the tenant with this form. You can also download Form N9 here.
Ending a Fixed Term Lease Early
Legally the tenant cannot end a fixed term lease early. However, it is at the landlord’s discretion to allow the tenant out of their lease early or allow less than 60 days notice prior to moving out. If the landlord will not let you out of your lease early, it is suggested that you try to sublet (or “assign”) your apartment.
In an assignment, a new tenant takes the place of the original tenant. However, apart from this change, all other terms of the lease stay the same. Note that a tenant must get the landlord’s permission before assigning (subletting) the rental unit to someone else. Also note that the landlord has the right to refuse to allow the potential person you’ve found to become a new tenant, but they must have a valid reason for doing so.
Due to the numerous terms and conditions in a rental lease, it is highly recommended that you read over the lease a number of times prior to signing. If you have any questions, be sure to ask the landlord. As well, it may also be helpful to ask a friend or family who is familiar with rental lease to read it over to ensure that each clause in the lease is legitimate.
Apartment & Condo Leases - The Basics
Apartment and Condo Leases - The Basics >
There is a lot of important information to know about signing a lease and your rights as a tenant. Below is a very quick summary. Note that this is sourced from the Ontario Landlord and Tenant Board. As such, please go to their website for more details regarding leases.
The Lease
The Lease, also known as the tenancy agreement is a contract between a landlord and tenant in which the tenant agrees to pay rent for the right to occupy a rental unit provided by the landlord. It can be written or an oral arrangement (we recommend against an oral agreement). In a tenancy agreement, the landlord and tenant promise to do certain things for each other and to follow certain rules. Each party has the right to expect that the other party will fulfill all the promises made in the agreement.
The lease must include the landlord’s legal name and address. Leases often contain information about the date the tenant will move into the rental unit, the rent amount, the date rent is to be paid, what services are included in the rent (such as hydro or parking) and any separate charges. They may also set out the rules that the landlord requires all tenants to follow. In most cases, a lease has a fixed term meaning the tenant agrees to rent the unit for a specific length of time. The lease generally has a start date and an expiry date. The most common length of a fixed term lease is one year.
Signing the Lease
Once the landlord decides to rent to a prospective tenant, they may prepare a lease for the prospective tenant to sign. After the tenant has signed the lease and returned it to the landlord, the landlord then has 21 days to give the tenant a copy that has the signatures of both the tenant and the landlord.
Where there is no written tenancy agreement, a landlord must inform the tenant, in writing, of its legal name and address within 21 days after the tenancy begins. The tenancy begins on the date the tenant is entitled to move into the unit, even if the tenant does not move in on that date.
Renewing the Lease
When the fixed term of a lease is coming to an end, the landlord will usually send the tenant a lease renewal form asking the tenant to renew the lease for an additional term. In addition, the form may set out an increase in rent which must be given to the tenant at least 90 days before the rent increase is to take effect. Upon receiving the renewal form, the tenant has three options:
- Sign the lease renewal form. By doing so the tenant agrees to continue their tenancy for another term (typically one year) and to start paying the rent increase when it becomes due.
- Continue their tenancy but not commit to another fixed term. In this case, the tenant wouldn’t sign the lease renewal but would begin paying the rent increase when it becomes due. The same terms and conditions of the previous lease would apply in this scenario.
- Not sign the form and move out. In this case, the tenant would give the landlord proper written notification indicating that they will be moving out when the lease ends.
Ending the Lease
If a tenant wishes to move out at the end of their lease, they must give the landlord proper written notification at least 60 days prior to the end of the lease (in a fixed-term scenario) or end of the rental period (if they’ve continued their tenancy but not committed to another fixed term).
The form the tenant should use to give notice is called the Tenant’s Notice to Terminate the Tenancy (Form N9). The landlord will be able to provide the tenant with this form. You can also download Form N9 here.
Ending a Fixed Term Lease Early
Legally the tenant cannot end a fixed term lease early. However, it is at the landlord’s discretion to allow the tenant out of their lease early or allow less than 60 days notice prior to moving out. If the landlord will not let you out of your lease early, it is suggested that you try to sublet (or “assign”) your apartment.
In an assignment, a new tenant takes the place of the original tenant. However, apart from this change, all other terms of the lease stay the same. Note that a tenant must get the landlord’s permission before assigning (subletting) the rental unit to someone else. Also note that the landlord has the right to refuse to allow the potential person you’ve found to become a new tenant, but they must have a valid reason for doing so.
Due to the numerous terms and conditions in a rental lease, it is highly recommended that you read over the lease a number of times prior to signing. If you have any questions, be sure to ask the landlord. As well, it may also be helpful to ask a friend or family who is familiar with rental lease to read it over to ensure that each clause in the lease is legitimate.