Landlord and Tenant Issues

Does an Ontario lease have to use the standard form, and what if yours does not?

Last updated October 7, 2026.

Yes, for most private rentals. A tenancy agreement made on or after April 30, 2018 must use Ontario's standard form of lease. If yours does not, you can demand one in writing; if 21 days pass without it, you may withhold one month's rent, and you can keep that month if the landlord still has not provided the lease within 30 days after you first withheld.

A lease on the wrong form is still a valid tenancy agreement, and any term in it that conflicts with the Residential Tenancies Act, 2006 is void whatever form it is on. Whether you are a tenant holding a homemade lease or a landlord who wants to get the paperwork right, our page on help with landlord and tenant issues explains how Carson Frankum, a licensed paralegal in Hamilton, assists with Landlord and Tenant Board (LTB) matters.

How does the standard lease rule work, step by step?

The rule is in section 12.1 of the Act and in O. Reg. 9/18, the regulation that sets out the form. Here is how it plays out from signing to the end of a dispute.

Check that your tenancy is covered. The regulation covers every tenancy the Act applies to, with a list of exceptions described below (O. Reg. 9/18, s. 1). The start date is April 30, 2018 (s. 2). A lease signed before that date is not affected, even if it later renews (RTA s. 12.1(3)).
Use the current version of the form. For agreements made on or after March 1, 2021, the required form is the "Residential Tenancy Agreement (Standard Form of Lease)" dated 2020/12, in English or French, from the Government of Ontario's Central Forms Repository (O. Reg. 9/18, s. 3).
Fill it in without changing the required parts. The lease must contain the whole form in substantially the same format: the introductory note, the numbered sections and the appendix on rights and responsibilities (O. Reg. 9/18, s. 4). Extra terms go in section 15 and are allowed only if they do not conflict with the mandatory terms.
Sign it before move-in day. Both the landlord and the tenant must sign on or before the day the tenant is entitled to move in (s. 12.1(2)). The government's guide to the standard lease says the parties can sign electronically if they both agree.
The landlord gives the tenant a signed copy within 21 days. Any written lease must also show the landlord's legal name and address for notices (s. 12(1) and (2)). Until the landlord complies, the tenant's duty to pay rent is suspended, although the landlord can collect it once it complies (s. 12(4) and (5)).
If there is no standard lease, the tenant makes a written demand. Once during the tenancy, the tenant may demand in writing that the landlord provide a proposed standard lease for the same unit, already signed by the landlord (s. 12.1(5)).
After 21 days, the tenant may withhold rent. If the landlord has not complied 21 days after the demand, the tenant may withhold rent payments that come due after that point, up to a total of one month's rent (s. 12.1(6) and (7)). The right stops on the day the landlord complies (s. 12.1(8)).
The landlord has 30 days to keep the right to that rent. The landlord can require the withheld rent to be paid only if it provides the proposed lease within 30 days after the first withheld payment (s. 12.1(9)). If it does, the tenant must pay the withheld amount even if they choose not to sign (s. 12.1(10)). If it does not, the tenant keeps the month.
A fixed-term tenant may also choose to leave early. Section 47.0.1 lets a tenant on a fixed term or yearly tenancy end it by giving at least 60 days' notice ending on the last day of a rental period, once the 21 days have passed or the landlord has provided a lease the tenant does not want to sign. If the landlord has provided the proposed lease, this notice must be given within 30 days after that.

Standard lease deadlines and what happens if they are missed
Step	Deadline	If it is missed	Rule
Both parties sign the standard lease	On or before the move-in date	The tenant can demand a compliant lease	RTA s. 12.1(2), (5)
Landlord gives the tenant a signed copy of a written lease	Within 21 days after the tenant signs and returns it	Rent obligation suspended until the landlord complies	RTA s. 12(2), (4)
Landlord answers the tenant's written demand	21 days after the demand	Tenant may withhold up to one month's rent	RTA s. 12.1(6), (7)
Landlord provides the lease after rent is withheld	Within 30 days after the first withheld payment	Tenant keeps the withheld rent	RTA s. 12.1(9)
Fixed-term tenant ends the tenancy early	Notice within 30 days after the landlord provides the lease; at least 60 days' notice	The early exit right is lost; normal notice rules apply	RTA s. 47.0.1
Challenge an illegal charge in a non-standard lease	Within one year of payment	The Board cannot order the money returned	RTA s. 135(4)

What changes the answer?

Your type of housing. The standard lease does not apply to care homes, sites in mobile home parks and land lease communities, homes for special care and certain supported group living residences, most social and non-profit housing listed in section 7(1) of the Act or section 6 of O. Reg. 516/06, rent-geared-to-income units funded by government, or co-operative housing (O. Reg. 9/18, s. 1).
Whether the Act applies at all. If you share a kitchen or bathroom with the owner or the owner's close family, and they live in the same building, the Act does not apply (s. 5(i)), so there is no standard lease requirement and no LTB jurisdiction. Students in some college and university residences are also excluded (s. 5(g)).
When the lease was signed. Agreements before April 30, 2018 are outside the rule even after renewal (s. 12.1(3)). Agreements between December 2, 2020 and February 28, 2021 could use either the 2018/01 or 2020/12 version; since March 1, 2021 only the 2020/12 version qualifies (O. Reg. 9/18, s. 3).
Whether it is a sublet. The regulation does not cover subletting agreements (O. Reg. 9/18, s. 5). A tenant who sublets does not have to use the form for the subtenant, and our page on subletting and assignment covers the consent rules that do apply.
What the extra terms say. Any term inconsistent with the Act is void (s. 4), and any additional term inconsistent with the form's mandatory terms is void (O. Reg. 9/18, s. 4, para. 2). The government's guide lists examples: bans on pets, bans on guests or roommates, deposits or fees the Act does not permit, and making the tenant pay for repairs that are the landlord's job. Our page on pets and no-pet clauses explains how that first example works in practice.
Condominium rentals. If the unit is a condo, the lease says so, and the tenant agrees to follow the condominium declaration, by-laws and rules the landlord provides (standard lease guide, section 2). The Condominium Act, 1998 separately requires every occupier of a unit to comply with them (s. 119(1)).
A settlement made at the Board. Section 4 is "subject to" section 194, which allows a settlement reached through LTB mediation to contain terms that would otherwise contravene the Act, with a cap on rent increases (s. 194(2) and (3)). Our page on mediation at the Landlord and Tenant Board covers what that means before you sign one.

What might this look like? A worked example

For example, imagine a Hamilton tenant named Marcus who rents a self-contained basement apartment in a house for $1,500 a month on a one-year lease. The owners live upstairs, but Marcus has his own kitchen and bathroom, so the Act applies. The landlord used a one-page homemade lease in June 2025. It bans pets, requires a $200 damage deposit, and says the tenant pays for all repairs.

On September 1, Marcus emails the landlord a written demand for a standard lease for his unit. Twenty-one days pass with no reply. His October 1 rent comes due after the 21 days, so he may withhold it, but no more than one month's rent in total. He keeps the $1,500 aside rather than spending it.

If the landlord provides a signed standard lease by October 31, which is within 30 days of the first withheld payment, the landlord can require Marcus to pay the $1,500, even if he does not sign. If the landlord does nothing, Marcus keeps the month. Either way, the pet ban and the repair clause were void from the start, and the $200 damage deposit is an illegal charge he can ask the Board to order returned within one year of paying it; our page on deposits and fees landlords can charge explains that process. Marcus also has the option of ending his fixed-term lease early with at least 60 days' notice under section 47.0.1, which suits him only if he wants to move.

What mistakes do people make with the standard lease?

Asking out loud instead of in writing. The demand must be in writing, and it can be made only once during the tenancy (s. 12.1(5)). An email or letter with a date on it is the safest proof.
Withholding too early or too much. Only rent that comes due after the 21 days can be withheld, and never more than one month's rent in total (s. 12.1(6) and (7)). Withholding beyond that can lead to a landlord's application for arrears, the subject of our article on eviction for non-payment of rent.
Treating the old lease as cancelled. A lease on the wrong form is not void (s. 12.1(11)). The rent, the term and the lawful terms still apply.
Landlords missing the 30-day window. A landlord who provides the lease after the 30 days loses the right to collect the withheld month (s. 12.1(9)).
Using an outdated version or editing the form. Since March 1, 2021 only the 2020/12 form qualifies, and its required wording must stay intact. The guide says sections 12, 13 and 14 cannot be changed; extra details go in section 15.
Believing a signed term must be obeyed. A tenant's signature does not make a void term enforceable. That is true of no-pet clauses, damage deposits and repair clauses that shift the landlord's duties under section 20, which our page on the T6 maintenance application covers.

What should you do this week?

Find your lease and check the date it was signed and whether it is the government's 2020/12 standard form.
Check whether your rental is one of the exempt types listed above, and whether you share a kitchen or bathroom with the owner.
If you are entitled to a standard lease and do not have one, send a dated written demand to the landlord's address for notices, and keep a copy.
Mark day 21 and the next rent due date on a calendar. Withhold no more than one month, and keep the money available.
List any lease terms you think are void, such as pet bans or extra deposits, and note the payment dates of any illegal charges.
Landlords: download the current form, move your building rules into section 15 in plain language, and give every tenant a signed copy within 21 days.
If the landlord reacts with threats or pressure, write down dates and details; that conduct can be the basis of a separate tenant application.

Hamilton tenants and landlords can find local context on our page about the Landlord and Tenant Board for Hamilton rentals. If the landlord has a last month's rent deposit, our page on the last month's rent deposit explains the yearly interest you are owed.

Frequently asked questions

Does the standard lease apply if I never signed anything?

The rule covers tenancy agreements of the prescribed class, written or not, and the government's renting page says a tenant entitled to a standard lease who did not get one can ask for it in writing. The same 21-day and one-month withholding rules then apply.

Do I have to sign a new lease when my one-year term ends?

No. If nothing new is signed, the tenancy continues as a monthly tenancy on the same terms (s. 38). The guide to the standard lease says the tenant does not have to move out or sign a renewal to stay.

Can my landlord add its own building rules?

Yes, as additional terms in section 15, written in plain language. Any added term that takes away a right under the Act, or conflicts with the form's mandatory terms, is void and cannot be enforced.

Can the landlord evict me for asking for a standard lease?

The Board must refuse an eviction if the reason for the application is that the tenant tried to enforce their legal rights (s. 83(3)(c)). Harassing a tenant for securing a right under the Act is also an offence (s. 233(h)), and our page on harassment and interference explains the tenant's application.

If there are two tenants, is each one responsible for all the rent?

The guide to the standard lease says that where there is more than one tenant, each is responsible for all tenant obligations, including the full rent. Roommates should keep that in mind before one of them moves out.

Where do I get the official form?

The form is published on the Government of Ontario's Central Forms Repository, in English and French, and the guide to the standard lease is available in more than 20 languages. Only the government form, with its wording intact, meets the requirement.

Sources

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.