Moving In
- WAL writer
- Feb 21, 2024
- 2 min read
You've checked out the apartment, building and neighbourhood. You know that water is included with rent but not electricity. Parking and laundry is available on site but for additional costs, and you can't smoke or grow marijuana in your apartment. You've decided it's time to sign the lease. Here's what you should know.
In Ontario, a landlord (LL) must use a Standard Lease . This is a contract legally binding the landlord and tenant.
Who is a landlord? A landlord owns a private residential unit(s), such as a single and semi-detached house, apartment building(s), condominium(s) and basement apartment(s).
You can expect your standard lease to include the rent amount, when to pay (eg. monthly) and for how long (eg. yearly). It will spell out who pays for utilities (air conditioning, water and electricity) and services (parking and laundry). Tenant insurance, smoking or non smoking, key deposit requirements, decorating changes and other rules for renting will be clearly defined. Both the renter and LL have rights and responsibilities and again it will be clearly described in your standard lease. For example, the LL must give 24-hours notice to enter the premise. Your rental unit may have common spaces and amenities like an exercise room, party room or swimming pool. The standard lease will include the rules for these spaces.
You are entitled to a Standard lease so if your LL doesn't have one , ask for one in writing and then withhold one month's rent. The LL has 21 days to sign one. If they don't , keep your month's rent! If you stay, resume paying rent.
How much money can the landlord ask for before you move in? Under the Ontario Residential Tenancies Act Landlords can ask for the first and last month's rent. The LL must use this for your rent. Security deposits and damage deposits are NOT legal in Ontario. The Landlord can ask for a key deposit, a reasonable amount to replace the key, which will be refunded when the key is returned. The LL can pay penalties of up to $50,000 for violating the Act by increasing rent above what is stated in the Act, charging additional fees, or not providing a rent receipt upon request, etc.
Inspecting the Unit
The law in Ontario means you MUST complete a Condition Inspection Report. Both you and the LL document the condition of the unit on moving day and both sign and date it. Note previous wear and damage. Establish a baseline for regular wear and tear and who is going to pay for future repairs. You do not want to be financially liable for a previous tenant's damage!
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