8 Ontario lease clauses landlords add that don't actually work

These show up in homemade and copy-pasted leases all the time. None of them are enforceable under the Residential Tenancies Act — even when both parties sign. We've cited the specific statute or regulation for each.

1. 1

   "No pets allowed"

   Section 14 of the RTA makes provisions prohibiting pets void. A landlord may still apply to the LTB if a specific animal causes harm, damage, or substantial interference, but a blanket no-pets clause is unenforceable.

   RTA 2006, s. 14

2. 2

   "Tenant is responsible for all repairs"

   The landlord's obligation to maintain the unit in a good state of repair (s. 20) cannot be contracted out of. The tenant is only responsible for ordinary cleanliness and for damage caused by the tenant or their guests.

   RTA 2006, s. 20 (landlord); s. 33 (tenant); s. 4 (terms void)

3. 3

   "$X cleaning fee on move-out"

   Ontario prohibits charges beyond the rent and the limited deposits permitted by the Act. Landlords cannot collect mandatory cleaning fees in advance or deduct them from the last month's rent deposit. Damage and unpaid amounts must be pursued through the LTB.

   RTA 2006, ss. 105–106 (rent deposits); s. 134 (illegal additional charges)

4. 4

   "No overnight guests"

   The tenant has reasonable enjoyment of the unit, which includes the right to have guests. A blanket restriction on overnight or weekend guests is unenforceable as a term that substantially restricts a right under the Act.

   RTA 2006, s. 22 (reasonable enjoyment); s. 4

5. 5

   "Rent increases by X% automatically each year"

   Rent increases in Ontario are governed by the annual guideline (2.5% for 2026) and require 90 days' written notice on Form N1. Increases written into the lease above the guideline are unenforceable unless the unit is exempt (first occupied after November 15, 2018) or the LTB has issued an above-guideline increase order.

   RTA 2006, ss. 116–120; O. Reg. 516/06

6. 6

   "$50 late fee for late rent"

   Ontario prohibits late fees as an unlawful additional charge. The landlord may charge the actual NSF fee charged by the bank and a maximum $20 administrative charge, but not arbitrary late-payment penalties.

   RTA 2006, s. 134; O. Reg. 516/06, s. 17

7. 7

   "First and last month's rent plus security deposit"

   Security or damage deposits are illegal in Ontario. The only permitted deposit is a rent deposit of up to one month's rent, which must be applied to the last month of the tenancy.

   RTA 2006, ss. 105–106

8. 8

   "Rent must be paid by pre-authorized debit"

   Landlords cannot require a tenant to pay by automatic debit (PAD) or by post-dated cheques. The tenant may choose any reasonable payment method.

   RTA 2006, s. 108