Ask an Expert: What's Missing From Your Lease?
Practical Lease Tips From Experts to Help Ontario Landlords Set Clear Expectations
- FrontLobby
- Published
Table of Contents
Watch the Full Webinar Replay
What Can You Add to the Ontario Standard Lease?
The Additional Lease Clauses Experienced Landlords Recommend
Define Utilities, Parking and Excluded Spaces
Clarify Maintenance and Communication Responsibilities
Understand Co-Tenants, Occupants and Guarantors
Include Rent Reporting From the Beginning
Review Your Lease Before Problems Arise
A Stronger Lease Starts With Clearer Expectations
Frequently Asked Questions
A strong lease agreement does more than establish rent and move-in dates. It sets clear expectations, defines responsibilities and helps prevent misunderstandings before they become disputes.
But what happens when your lease doesn’t address a problem until it’s already happening?
Can a Tenant park a camper trailer in an assigned parking space? Who pays for the hot water tank rental? What happens when several friends sign one lease and someone moves out?
These were just some of the questions tackled during our September webinar “Ask an Expert: What’s Missing From Your Lease?”
Kayla Andrade, Danielle Chiasson, Kory MacKinnon and former LTB Litigator and Paralegal Jordan Nieuwhof discussed additional lease terms, enforceability and the details many Landlords often overlook.
The takeaway? A stronger lease isn’t necessarily a longer one. It’s one that’s clear, lawful and appropriate for the tenancy.
This article is for general educational purposes and is not legal advice. Ontario’s Residential Tenancies Act (RTA), Landlord and Tenant Board (LTB) decisions and other applicable laws determine whether a lease provision is enforceable.
Watch the Full Webinar Replay
Watch the complete Ask an Expert: What’s Missing From Your Lease webinar for the panel’s discussion of additional lease clauses, real rental situations and questions submitted by Landlords.
What Can You Add to the Ontario Standard Lease?
The Ontario Standard Lease provides the foundation, but additional terms can help address the details of your specific rental property.
Danielle explained that years of managing rentals have led her team to develop approximately 50 pages of additional lease terms. Many originated from situations they encountered that weren’t adequately addressed in their previous agreements.
One example involved a Tenant installing a pool in the backyard. The experience prompted Danielle to revisit how her lease addressed outdoor structures and property use.
However, a longer lease isn’t automatically a stronger one.
Kayla emphasized that Landlords can include additional terms, but those terms must comply with applicable legislation. A clause that conflicts with the RTA does not become enforceable simply because the Tenant signed it.
For example, a general prohibition on pets is generally void in Ontario residential tenancies covered by the RTA, regardless of whether it appears in an addendum.
The goal isn’t to create more rules. It’s to make the responsibilities and expectations of the tenancy clearer without overriding anyone’s legal rights.
The Additional Lease Clauses Experienced Landlords Recommend
When Kory asked the panel which additional clauses they considered most important, their answers reflected years of managing different rental situations.
The panel’s priorities included:
- Smoking, cannabis and property use: Clarifying applicable restrictions while respecting Tenant rights and relevant laws.
- Common areas: Identifying shared spaces and how they may be used.
- Alterations: Establishing expectations around modifications to the property, subject to applicable law.
- Tenant insurance: Addressing liability insurance requirements and documentation.
- Communication: Identifying how maintenance requests, complaints and other communications should be submitted.
- Excluded spaces: Clearly identifying areas such as attics, utility closets or storage rooms that aren’t included in the tenancy.
Danielle particularly emphasized the importance of addressing activities that could interfere with other residents’ reasonable enjoyment of the property.
Kory focused on defining common areas and alterations, while Jordan highlighted communication procedures, additional rental equipment and excluded spaces.
These examples illustrate why lease terms should reflect the actual property and the issues a Housing Provider may reasonably encounter.
A single-family home, duplex and multi-unit building may require different considerations.
Define Utilities, Parking and Excluded Spaces
One of the easiest ways to create confusion is to assume that everyone understands what is included in the rent.
Jordan highlighted an important distinction between utilities and rented equipment.
Hot water tank rentals, water softeners and similar equipment charges should not automatically be treated as utilities. If a Tenant is expected to pay these additional costs, the arrangement needs to be properly established and clearly documented.
Parking is another area where vague wording can cause problems.
During the webinar, the panel considered whether a Tenant could park a camper trailer in one of two parking spaces included with their rental.
Jordan explained that the answer can depend on municipal bylaws, the lease terms and how the parking space forms part of the tenancy.
Simply listing “two parking spaces” may leave important questions unanswered.
Landlords should consider documenting which spaces are included, their intended use and any lawful restrictions.
The same principle applies to attics, utility rooms, storage spaces and shared areas.
Don’t assume a space is excluded just because you never intended the Tenant to use it. Make the boundaries of the rental clear from the beginning.
Clarify Maintenance and Communication Responsibilities
Snow removal and lawn care generated considerable discussion during the webinar.
The panel explored the distinction between areas exclusively used by one Tenant and common areas shared by multiple households.
Danielle discussed using separate maintenance agreements in certain circumstances rather than relying entirely on the residential lease.
However, responsibility for exterior maintenance can depend on the nature of the space, the applicable law, and how an agreement is structured. Landlords should obtain qualified legal advice before attempting to transfer responsibilities that would otherwise fall to them.
Communication deserves similar attention.
Jordan recommended establishing a clear process for maintenance requests and complaints.
Should Tenants submit routine maintenance requests through email, a designated portal or another agreed method? Who should they contact in an emergency?
Clear procedures make it easier to respond consistently and maintain records of what was reported and when.
Any communication policy must also respect legally required methods of serving formal notices.
A well-documented process can be just as valuable as a carefully written clause.
Understand Co-Tenants, Occupants and Guarantors
How you structure the tenancy can affect responsibilities long after the lease is signed.
Jordan explained that renting an entire property to several friends under one lease is different from renting individual rooms under separate agreements.
With a joint tenancy, the Tenants may share responsibility for the full rent. With separate room rentals, each Tenant generally has their own rental obligation.
The distinction also affects how shared spaces are managed and what happens when someone moves out.
Jordan cautioned against casually switching between these arrangements during an existing tenancy. The legal relationships can become complicated, particularly when some occupants remain under an original joint lease while others sign individual agreements.
Guarantors introduce another consideration.
Danielle recommended using a separate guarantor agreement rather than listing the guarantor as though they were an occupant. Kory also emphasized that the agreement should address its intended duration, including what happens when the original fixed term ends.
Because guarantor obligations and their enforcement can be legally complex, have these agreements professionally reviewed rather than assuming the guarantee continues indefinitely.
Include Rent Reporting From the Beginning
Rent Reporting is one additional lease provision Kayla recommends including before the tenancy begins.
FrontLobby provides ready-to-use Application and Lease Clauses that help Housing Providers introduce Rent Reporting and establish clear expectations around rental payment history.
In Canada, consent is required to report positive rental payment history through FrontLobby. Kayla explained that Landlords can establish this permission through the lease or request it separately through the FrontLobby platform.
Eligible rental debts can be reported without Tenant consent or an LTB order, subject to applicable legal and reporting requirements. However, not every amount claimed by a Landlord is automatically reportable. Disputed charges, damages and amounts claimed after a Tenant leaves can require additional legal documentation.
Introducing Rent Reporting from the beginning creates an opportunity to recognize on-time payments while establishing greater accountability around rent.
Review Your Lease Before Problems Arise
A lease should evolve as you gain experience, but every change needs to remain consistent with applicable law.
Danielle encouraged Landlords to revisit their agreements whenever an unexpected situation exposes unclear wording or an overlooked responsibility.
That doesn’t mean every disagreement requires another clause. Sometimes the better solution is a clearer explanation, a more consistent management process, or a better understanding of existing legislation.
Kayla demonstrated how FrontLobby’s Landlord Assist AI can help Landlords research lease questions and find relevant sections of the RTA for further review.
These tools can be useful starting points, but they don’t replace current legislation, LTB decisions or qualified legal advice.
The objective is to identify potential problems before they become disputes.
Research Your Lease Questions With Landlord Assist
FrontLobby members can access Landlord Assist to explore rental-specific questions and better understand the legislation that may apply to their situation.
A Stronger Lease Starts With Clearer Expectations
A detailed lease won’t prevent every disagreement, but it can reduce the uncertainty that makes rental disputes more difficult to resolve.
The panel’s experiences demonstrated how easily overlooked details, from parking spaces to rental equipment and maintenance requests, can become important later.
As Danielle emphasized, a clear agreement should reflect what both parties actually agreed to.
The goal isn’t to create the longest lease possible. It’s to create one that is clear, lawful and practical for the property you’re managing.
And when an unexpected situation arises, use that experience to review your lease and improve your rental processes before the next tenancy begins.
Frequently Asked Questions
Yes. Ontario Landlords can include additional terms or an addendum alongside the Ontario Standard Lease, provided those terms comply with the RTA and other applicable laws. A provision that conflicts with the law may be void even if the Tenant signs it.
There is no universal page limit for additional lease terms. However, length doesn’t determine enforceability. The agreement should be clear, relevant, and legally appropriate. Landlords should give Tenants adequate time to read and understand the terms before signing.
In most residential tenancies covered by the RTA, a fixed-term lease automatically continues on a month-to-month basis when the term expires. The Tenant does not have to move out simply because the original one-year period has ended.
FrontLobby’s Landlord Assist AI can help Landlords research province-specific questions and identify relevant legislation. It is an educational resource rather than a legal opinion, so Landlords should verify the information and obtain qualified advice when necessary.
Including FrontLobby’s Application and Lease Clauses can help establish Rent Reporting expectations from the beginning. In Canada, reporting positive rental payment history through FrontLobby requires Tenant consent, which can be documented through the lease or obtained separately.
Disclaimer
The information provided in this post is not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.
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