The backbone of every professional transaction is an agreement. In the rental housing industry, whether it be for a house, an apartment, or a workspace, having a lease agreement signed by all parties involved is arguably the most vital step of the transaction. A lease agreement outlines crucial information, including the rent amount, due dates, responsibilities of the parties involved, etc.

As a rental agent, it is of utmost importance that you educate yourself on such agreements, specifically the standard lease agreement legislation of the province where you market rental properties.

This article will focus on the standard lease legislation in Ontario and Quebec.

ONTARIO

The Standard Lease in the province of Ontario is mandatory for most residential tenancy agreements signed on March 1, 2021, and after. It is a requirement for rental units. However, it is not a requirement for most social and supportive housing, care homes, cooperative housing, certain unique tenancies, sites in mobile home parks, and land lease communities.

Vital information on Ontario’s Standard Residential Tenancy Agreement

If you are a leasing agent in Ontario, here are a few things you need to know on what the standard lease should contain:

• Names of the parties involved in the agreement (e.g., the landlord(s) and tenant(s))
• The description and address of the rental unit. It must also state the availability of parking spaces. For condominium units, the rules of the condominium must be indicated.
• The landlord’s contact information.
• The terms of the lease agreement, which include the move-in date and the duration of the tenancy. It should also indicate how long the agreement would last, i.e., weekly, monthly, or daily tenancy.
• The total amount of rent, other separate charges, the due date of rental payments, who receives the payment, mode of payment, fees for returned cheques, late fees, and whether or not there will be rent increases in the future. 
• The lease should also indicate the utilities and services available to the tenant, as well as who will be responsible for paying such utilities.
• The validity of a discount (if there is any).
• Whether or not there is a rent deposit. If yes, the amount must be indicated. As stated on the Residential Tenancies Act, 2006, the amount should not exceed a month’s worth of rent.
• Whether or not there is a key deposit amount.
• Rules on smoking. Note that smoking in common areas is banned under Ontario’s law. 
• It must also be signified if the landlord requires tenant insurance. 
• Rules on making changes to the rental unit must be indicated.
• An outline of who is responsible for maintenance and repairs and all the rules and regulations involved.
• Additional rules (e.g., roommates, pets, etc.)
• If there are changes to the lease, they must be done in writing.
• The lease must contain the signature of all the parties involved.

QUEBEC

In the province of Quebec, all leases are required to use a standard lease form provided by the government. It is not optional unlike in other provinces. The form is known as Québec Régie du Logement – Lease of Dwelling, which was established in 1996. 

As mentioned earlier, the agreement is mandatory to use. Verbal agreements may be done, however, it is not recommended because it is safer to use a written agreement in case there will be issues in the future. 

General information on Québec Régie du Logement Mandatory Form

• The tenant must sign the lease before the move-in date.
• The tenant must acquire extra documents before signing the lease. For example, when renting a condominium unit, the tenant must have the rules and bylaws of the condo.
• The language used in the lease must be French unless the parties involved (tenant and landlord) agree to have it written in a different language. If that is the case, all related paperwork after that must use the same language. 
• The tenant must receive a signed copy of the lease.
• Landlords may ask for the tenant’s ID. However, they are not allowed to make a copy. 
• Landlords in Quebec are prohibited by law to ask for a damage deposit. 
• Pet restrictions may be included on the lease, such as the kinds of animals allowed and the maximum size. 
• Landlords may include on the lease the prohibition against smoking cannabis in a dwelling clause, as well as a clause banning cigarette smoking. 

Information the Lease of Dwelling form must contain

The Québec Régie du Logement Mandatory Form comes with rental laws in Quebec so that the parties involved have a clear and authentic reference during the filing and signing of the lease. The agreement must contain the following:

• Names of the parties involved in the agreement (e.g., the landlord(s) and tenant(s))
• The description and address of the rental unit. It must also state the availability of parking spaces. For condominium units, the rules of the condominium must be indicated.
• The lease duration. An indeterminate term lease (less than one year) is an option in Quebec. 
• The total amount of rent, other separate charges, the due date of rental payments, who receives the payment, mode of payment, fees for returned cheques, late fees, and whether or not there will be rent increases in the future. 
• The utilities and services that are available to the tenant, as well as who will be responsible for paying such utilities.
• Rules on how changes may be applied to the agreement.
• The signature of the landlord(s) and tenant(s).

Now that you have a deeper grasp of one of the most vital pieces of information a leasing agent in Ontario or Quebec should have, you will be more confident in closing deals with your clients. Of course, you need to market your units first. One of the best platforms you can use is Padleads. The platform allows you to publish listings and syndicate them to other high-traffic websites. That way, you can reach more potential tenants.