¶ Introduction
In Ontario, since March 1 2021, landlords are required to have their rental agreement in the form of the Ontario Standard Lease. This guide outlines the steps to identify if your lease is the OSL, and if not, how to request an OSL.
This guide provides an overview and is not a substitute for legal advice. For specific issues, consult a legal professional, SHAC or the Landlord and Tenant Board.
¶ Understanding the Ontario Standard Lease
The Ontario Standard Lease is a template provided by the Government of Ontario that outlines the terms and conditions of a rental agreement in a clear, understandable format. It's designed to protect both landlords and tenants by ensuring that all agreements comply with the law.
¶ Why It's Important
- Clarity: The OSL clearly outlines rights and responsibilities.
- Legal Compliance: Ensures the rental agreement adheres to the Residential Tenancies Act, 2006.
¶ Do I Have an Ontario Standard Lease?
If you have an Ontario Standard Lease, it should look something like the following. This is only the first page, but there should be 17 sections, and an appendix with General Information at the end.
¶ How to Request an Ontario Standard Lease
If your lease is not the Ontario Standard Lease, you have the right to request one, and you could get a free month's rent.
- Initial Request: Ask your landlord for an Ontario Standard Lease in writing. Keep a copy of this request for your records.
- Follow-up: If the landlord does not provide the lease within 21 days of your request, you can withhold one month's rent.
- Further Steps: If the landlord still hasn't provided the OSL within 30 days after you withhold rent, you can keep the withheld rent.
If the landlord provides the lease within this 30 day period, you must pay back the withheld rent.
¶ Legal Considerations
- Mandatory for Landlords: If a tenant requests an Ontario Standard Lease and the landlord fails to provide it within 21 days, the tenant can withhold rent.
- Rent Withholding: This is legal under the Residential Tenancies Act, but specific conditions must be met (outlined above).
- Further Action: If issues persist, tenants may seek assistance from the Landlord and Tenant Board.
¶ Tips for Tenants
- Documentation: Keep all communication regarding the lease request in writing.
- Be Informed: Understand your rights under the Residential Tenancies Act.
- Consult Resources: If in doubt, seek advice from SHAC or other tenant advocacy groups.