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Common Landlord Lease Mistakes (and How to Avoid Them)

Most landlord-tenant disputes trace back to a poorly written lease. These are the most frequent mistakes Canadian landlords make — and what to do instead.

Mistake #1

Using a generic or outdated template

Each province has specific landlord-tenant legislation. A generic or outdated lease may include unenforceable clauses — or miss required disclosures. In Ontario, use the current provincially mandated Standard Lease Form.

Mistake #2

Including clauses that waive tenant rights

Any clause that attempts to waive tenant rights protected by law (e.g., the right to assign, the right to maintenance) is automatically void. Including them doesn't give you extra protection — it just makes your lease look unreliable.

Mistake #3

Collecting a security deposit in Ontario

Ontario landlords can only collect a rent deposit (equal to the last period's rent). Collecting a separate 'damage deposit' is illegal. Returning it doesn't protect you — you must understand the difference from the start.

Mistake #4

Unclear utility arrangements

Vague language like 'tenant responsible for utilities' can create disputes. Specify exactly which utilities are the tenant's responsibility and which are included in rent.

Mistake #5

No written lease at all

An oral tenancy is still a legal tenancy, but without a written lease, disputes about terms are nearly impossible to resolve in your favor. Always get everything in writing.

Mistake #6

Failing to document the unit's condition

Without a move-in inspection report (signed by both parties), it's difficult to prove pre-existing damage. Do a written inspection with photos before handing over keys.

Mistake #7

Wrong notice periods for entry

Ontario landlords must give at least 24 hours' written notice before entering a rental unit (with limited exceptions for emergencies). Shorter notice periods in the lease are unenforceable.

Mistake #8

Trying to ban all pets

In Ontario, lease clauses that prohibit pets are void under the Residential Tenancies Act. You can include reasonable pet terms, but a blanket ban won't hold up.

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