Law Talk: Ten issues to look for before you sign your first lease
Signing your first lease can be
an overwhelming process. The following
are 10 important questions
to consider before signing your
lease.
1. Does the Residential Tenancies Act (RTA) apply?
The RTA covers many residential tenancy agreements but not all. If the RTA governs your tenancy agreement, then you have the option of approaching the Landlord and Tenant Board (LTB) should your landlord act in contradiction to the RTA. A copy of the RTA can be found at ltb.gov.on.ca.
2. What is the length of the lease?
This tells you how long your tenancy will last. If you plan on leaving at the end of your tenancy, you still need to provide your landlord with notice.
3. What are the terms of the lease?
The terms set out your duties and your landlord's duties. If the RTA governs your tenancy, take note of any discrepancies between the RTA and your contract. Your lease may include something that is not enforceable under the RTA, such as the tenant's responsibility for regular apartment repairs.
4. Can I leave at any time without penalty if I haven't signed a written lease?
It is possible to have a verbal lease with your landlord. If you leave earlier than discussed, you may be responsible for paying the remaining rent or subletting/assigning the unit.
5. What services are included in the rent?
Utilities may not be included in your monthly rent. You may need to arrange for your own utilities. It is important to know who is responsible for what payments before signing your lease.
6. Do I have to pay a deposit?
If the RTA governs your contract, your landlord may request a last month's rent deposit. You are entitled to annual interest payments on this deposit. Most other deposits (such as a deposit for pet owners) are illegal.
7. How can I end my lease early?
RTA: The best option is an agreement to terminate with your landlord. If they are not open to this, you can assign or sublet your unit. If your landlord has seriously breached the RTA, you can make an application to the LTB to terminate your lease early.
Non-RTA: Look at the terms of your lease to determine whether you can sublet your unit. You may be able to terminate your lease early for a fee. If there are no terms about ending your lease early, you may have to pay the rent for the rest of your agreed-upon term.
8. Are fees for breaking a lease legal?
You do not have to pay a fee if you are going to pay the remainder of your rent or sublet. If your landlord offers to relieve you of these responsibilities for a fee, it may be beneficial to do this, provided you get everything in writing and get receipts.
9. Can a landlord refuse to rent to me if I have a pet?
Not under the RTA. However, if your pet disturbs other tenants your landlord may take action, which could result in an eviction hearing at the LTB.
10. Is the landlord reluctant to show me the unit?
This is a red flag! There could be damage or the unit could be different from what is described to you.
It's best to be aware of the terms of your agreement in order to make informed decisions and prevent future conflict.
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888- 332-3234.
This column is brought to you by Community Law School (Sarnia- Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866- 919-3219 or the Law Society Referral Service at 1-800-268- 8326.
1. Does the Residential Tenancies Act (RTA) apply?
The RTA covers many residential tenancy agreements but not all. If the RTA governs your tenancy agreement, then you have the option of approaching the Landlord and Tenant Board (LTB) should your landlord act in contradiction to the RTA. A copy of the RTA can be found at ltb.gov.on.ca.
2. What is the length of the lease?
This tells you how long your tenancy will last. If you plan on leaving at the end of your tenancy, you still need to provide your landlord with notice.
3. What are the terms of the lease?
The terms set out your duties and your landlord's duties. If the RTA governs your tenancy, take note of any discrepancies between the RTA and your contract. Your lease may include something that is not enforceable under the RTA, such as the tenant's responsibility for regular apartment repairs.
4. Can I leave at any time without penalty if I haven't signed a written lease?
It is possible to have a verbal lease with your landlord. If you leave earlier than discussed, you may be responsible for paying the remaining rent or subletting/assigning the unit.
5. What services are included in the rent?
Utilities may not be included in your monthly rent. You may need to arrange for your own utilities. It is important to know who is responsible for what payments before signing your lease.
6. Do I have to pay a deposit?
If the RTA governs your contract, your landlord may request a last month's rent deposit. You are entitled to annual interest payments on this deposit. Most other deposits (such as a deposit for pet owners) are illegal.
7. How can I end my lease early?
RTA: The best option is an agreement to terminate with your landlord. If they are not open to this, you can assign or sublet your unit. If your landlord has seriously breached the RTA, you can make an application to the LTB to terminate your lease early.
Non-RTA: Look at the terms of your lease to determine whether you can sublet your unit. You may be able to terminate your lease early for a fee. If there are no terms about ending your lease early, you may have to pay the rent for the rest of your agreed-upon term.
8. Are fees for breaking a lease legal?
You do not have to pay a fee if you are going to pay the remainder of your rent or sublet. If your landlord offers to relieve you of these responsibilities for a fee, it may be beneficial to do this, provided you get everything in writing and get receipts.
9. Can a landlord refuse to rent to me if I have a pet?
Not under the RTA. However, if your pet disturbs other tenants your landlord may take action, which could result in an eviction hearing at the LTB.
10. Is the landlord reluctant to show me the unit?
This is a red flag! There could be damage or the unit could be different from what is described to you.
It's best to be aware of the terms of your agreement in order to make informed decisions and prevent future conflict.
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888- 332-3234.
This column is brought to you by Community Law School (Sarnia- Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866- 919-3219 or the Law Society Referral Service at 1-800-268- 8326.
