Updates on Landlords, Tenants and Leases
The Ontario government has issued the new Ontario standard lease form that is now mandatory to use for all new residential leases in Ontario starting after April 30th, 2018! Here are some answers to commonly asked questions (courtesy of Mark Weisleder of Real Estate Lawyers.ca):
1. HAVE THE FORMS BEEN CHANGED FROM THE ORIGINAL OFFER TO LEASE?
The OREA form 400 offer to lease has been changed in order to have the landlord provide the Ontario standard form lease, incorporating the terms of the offer to lease for the tenants signature.
2. WHAT HAPPENS IF THE LANDLORD DOES NOT PROVIDE THE NEW LEASE FORM TO THE TENANT?
For new leases occuuring after April 30th, 2018 the tenant has the right to request the new lease to sign. If the landlord fails to provide said lease within 21 days of the request, the tenant has the right to withhold one month's rent. Furthermore, the tenant has the right to terminate the lease at any time given a 60 day notice is issued to the landlord.
**This does not apply to lease signed before April 30th, 2018 that renew as month to month tenancies after April 30th, 2018**
3. CAN YOU ADD ADDITIONAL CLAUSES TO THE NEW STANDARD FORM LEASE?
Yes, you can! An example of a clause that you can add is a no smoking clause. Here's an example of a standard no smoking clause:
" No Tenant, resident, guest, invitee or visitor shall smoke a Marijuana or other tobacco cigarettes, cigars, electronic cigarette or any simalar product whose use generates smoke or vapors within the building and the Leased premises. This prohibition includes all residential units within the building, all balconies and patios, enclosed common areas, as well as outside within 9 meters of doorways, operable windows and air intakes. Smoking shall include inhaling, exhaling, burning or carrying of any tobacco or electronic cigarette or similar product whose use generates smoke or vapor."
4. HAVE THE RULES CHANGED REGARDING MOVING YOUR FAMILY/RELATIVES BACK TO THE RENTAL UNIT?
Besides waiting until the end of the tenancy, a landlord has to give 60 days notice to end the tenancy if they want to move a member of their immediate family back into the rental unit and pay one month's rent to the tenant as a penatly. If a buyer is moving in, then no penalty is required. However, a strategy must be developed to make sure vacant possession can be given on closing.
Have Questions regarding Real Estate? The Iris and Evelyn team are here to help! With their countless years of buying and selling Real Estate Properties, their experience and knowledge can help you make the right choice!
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