7 Lease Red Flags Every Canadian Renter Should Know Before Signing
Some lease clauses look official but are actually unenforceable — or even illegal — under Canadian provincial tenancy law. Knowing these red flags before you sign could save you from a landlord who tries to enforce a clause that was never valid.
In Canada, a lease clause that conflicts with provincial tenancy legislation is automatically void — even if both parties signed it. But you still need to know it's there. A landlord who doesn't know (or doesn't care) that a clause is illegal may try to enforce it anyway, especially against tenants who aren't aware of their rights.
Waiving Your Right to the LTB or RTB
"The tenant waives the right to make any application to the Landlord and Tenant Board."
This clause is completely void in Ontario. You cannot contractually waive your statutory rights under the Residential Tenancies Act. The same applies in BC (RTB) and every other province — your right to use the provincial dispute resolution body cannot be signed away.
Applies in: All provinces
Rent Can Be Increased at Any Time or at Landlord's Discretion
"The landlord may increase the monthly rent at any time upon 30 days notice."
In Ontario, rent can only increase once per 12 months with 90 days written notice, and must comply with the annual guideline for covered units. In BC, the cap and 3-month notice apply. Any clause allowing more frequent or uncapped increases for covered units is unenforceable.
Applies in: Ontario, BC, Manitoba, Nova Scotia, Quebec
Illegal or Excessive Deposit
"A security damage deposit of $3,000 (two months rent) is required."
Ontario only allows last month's rent. BC caps deposits at half a month's rent. Alberta caps at one month. Quebec bans all deposits. If a lease asks for more than the provincial limit, the excess is illegal and must be returned — you can file with your tribunal to recover it.
Applies in: All provinces
Landlord Can Enter Without Notice for Inspections
"The landlord may enter the unit at any time to conduct periodic inspections."
In every Canadian province, a landlord must give at least 24 hours written notice before entering for non-emergency reasons, and entry must be at a reasonable time. A clause allowing unrestricted entry violates the law and is unenforceable.
Applies in: All provinces
Tenant Is Responsible for All Repairs
"The tenant is responsible for all repairs to the unit during the tenancy."
Landlords have a non-waivable legal obligation to maintain the unit in a good state of repair. A clause shifting this responsibility to the tenant contradicts the Residential Tenancies Act (or equivalent) in every province and is void. Tenants are only responsible for damage they cause.
Applies in: All provinces
Automatic Lease Renewal Without Notice
"If the tenant does not give 90 days notice of non-renewal, the lease automatically renews for a further one-year term."
While lease renewals are legal, the required notice periods in this type of clause often contradict provincial law. In Ontario, a fixed-term lease converts to month-to-month if neither party acts — a landlord cannot unilaterally renew it for another fixed term without your signature.
Applies in: Ontario, BC
Fees for Late Rent (Above Legal Limit or Banned Entirely)
"A late payment fee of $150 will be charged for any rent not received by the 5th of the month."
Ontario bans late fees entirely — any clause charging them is void. Alberta allows reasonable late fees if specified in the lease. BC prohibits fees that are not permitted by the Residential Tenancy Act. Check your province's rules before accepting any late-fee clause.
Applies in: Ontario (banned), BC (banned), Alberta (capped)
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