The short version
- The standard lease is required for most private residential tenancies entered into on or after April 30, 2018.
- A tenant can demand one in writing. You have 21 days.
- Miss that and they may withhold up to one month's rent until you provide it.
- Fail to provide it within 30 days of the first withheld payment and the tenant keeps that month permanently.
- Terms that contradict the Act are void even if both parties signed them.
01What the rule actually says
Section 12.1 of the Residential Tenancies Act requires the prescribed standard form of lease for most private residential tenancies entered into on or after April 30, 2018. Some tenancies are outside it, including social and supportive housing, care homes, mobile home sites and co-operative housing.
If you did not use it, a tenant can demand one in writing. From that demand you have 21 days.
This is not a technicality with a nominal penalty attached. The remedies escalate, and they escalate into real money.
- 1
Day 0: the tenant demands the standard lease in writing
It has to be a written demand. A conversation does not start the clock.
- 2
Day 21: the deadline
If you have not provided the standard lease by then, the tenant may start withholding rent, up to a total of one month's rent.
- 3
Day 21 plus 30: it becomes permanent
If you comply within 30 days of the first withheld payment, you can require the withheld rent to be paid. If you do not, the tenant keeps it.
- 4
The exit door
Where the landlord does not comply within the 21 days, the tenant can also end a fixed term early on 60 days' notice effective at the end of a rental period.
02The clauses that are void whatever the lease says
You are allowed to add terms to the standard lease, in the section provided for it. What you cannot do is add a term that contradicts the Act. Those terms are void, and a tenant's signature does not save them.
- No-pets clauses. Void under section 14, although you can still apply to end a tenancy over a specific animal causing a problem.
- Damage, security or pet deposits. Not permitted in any amount.
- Late fees or interest on late rent. Not permitted.
- A requirement to provide post-dated cheques or automatic debit. You can accept them, you cannot require them.
- A term that the tenancy ends when the fixed term ends. It does not; it becomes monthly.
- A charge for a rent receipt. Receipts are free on request.
03Where lease workflows actually break
Almost nobody gets into trouble over the wording of the standard lease itself. They get into trouble over the surrounding process: which version was signed, whether everyone signed it, where the executed copy went, and whether the schedule of extra terms went with it.
- Sending an outdated version of the lease to a new tenant
- Missing signatures on the last page, or on an added schedule
- No record of who reviewed or signed and when
- Deposits and payment records living somewhere other than the lease
- The final executed file existing only as an attachment in one person's email
04One record from draft to renewal
The version of this that works is boring: build the lease from the standard form, sign it electronically so the signature and the timestamp are part of the document, store the executed copy against the unit, and keep the rent and deposit records on the same tenancy.
That is exactly how TenantBay does it. The lease wizard builds from the Ontario standard form, generates the PDF, collects e-signatures, and links the executed lease to the tenant, the unit, the deposit and the rent history. Nothing is retyped, and nothing lives only in an inbox.
Questions landlords actually ask
Is the Ontario Standard Lease mandatory?
For most private residential tenancies entered into on or after April 30, 2018, yes. Some categories are excluded, including social and supportive housing, care homes, mobile home sites and co-operative housing.
What happens if I never used the standard lease?
The tenancy is still valid. But a tenant can demand the standard lease in writing, and if you do not provide it within 21 days they may withhold up to one month's rent. If you still have not provided it within 30 days of that first withheld payment, they keep it.
Can I add my own terms?
Yes, in the section of the form provided for additional terms. Anything that contradicts the Residential Tenancies Act is void regardless of what was signed.
Is a no-pets clause enforceable in Ontario?
No. A no-pets provision in a tenancy agreement is void under section 14. You may still apply to end a tenancy where a specific animal causes damage, allergic reactions, or a serious problem for others.
Sources


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