What Tenants Should Know Before Signing Any Lease
A practical pre-signing checklist grounded in RTA protections.
Insights · Tenant Protections & Remedies
On this page
- The RTA generally overrides your lease, not the other way around
- The Ontario Standard Lease
- Deposits, fees, and what a landlord can actually ask for
- Lease clauses worth reading twice
- What to check about the unit before signing
- Verbal promises and why they should be in writing
- Co-signers and guarantors
- What to keep and do after signing
The RTA generally overrides your lease, not the other way around
The single most useful thing a prospective tenant can understand before signing anything is that the Residential Tenancies Act, 2006 sets a legal floor that a lease cannot lower. Any term in a lease that tries to take away a right or protection the RTA gives a tenant is generally void and unenforceable, even if the tenant signed it willingly. This means a lease clause saying "no guests after 10pm," "tenant waives right to dispute rent increases," or "tenant is responsible for all repairs regardless of cause" generally cannot be enforced to the extent it conflicts with the RTA, regardless of how clearly it's written or how firmly a landlord insists on it.
This doesn't mean lease terms are meaningless — many lease provisions are perfectly enforceable, particularly ones that simply add detail on top of RTA requirements rather than contradicting them. But it does mean a tenant shouldn't assume that signing a document automatically locks in every term written on it. Reading a lease with this distinction in mind — "is this adding detail, or is this trying to take away a right I have anyway?" — is a genuinely useful habit.
Key point
A tenant doesn't need to negotiate every clause to be protected — the RTA applies automatically regardless of what the lease says. But understanding which clauses are unenforceable can prevent a lot of unnecessary worry and confusion later in the tenancy.
The Ontario Standard Lease
For most private residential tenancies in Ontario, landlords are generally required to use the government's Standard Form of Lease (commonly called the Standard Lease). This form is designed to make core terms consistent and easier to understand across different landlords, and it includes a section for additional terms a landlord can add, provided those terms don't conflict with the RTA. If a prospective tenant is handed a lease that looks nothing like the Standard Lease, or is told verbally that "we don't use that form," it's worth asking directly why, since in many circumstances landlords are required to provide it, and a tenant can generally request a copy of the properly completed Standard Lease even if an informal agreement was reached first.
Deposits, fees, and what a landlord can actually ask for
Before signing, it's worth understanding what a landlord can and cannot lawfully collect upfront. A rent deposit — generally capped at one month's rent (or one week's for weekly tenancies) — is permitted and is generally applied to the last month's rent, not held as a damage deposit. A separate "damage deposit," "pet deposit," or "key deposit" beyond the permitted rent deposit is generally not something a landlord can lawfully require, regardless of how common such requests might be in a particular rental market. Post-dated cheques for the full lease term are also generally not something a landlord can require as a condition of renting, even though some landlords ask for them anyway.
Confirming these details before signing — and politely declining to pay anything beyond a lawful rent deposit — can save a tenant from a confusing dispute later about whether a deposit is refundable, and under what conditions.
Common misconception
Many tenants assume a "damage deposit" is standard and required. In Ontario it generally is not something a landlord can lawfully demand beyond the permitted rent deposit, which itself is applied toward rent, not held against potential damage.
Lease clauses worth reading twice
Certain categories of clauses are worth extra attention before signing, not necessarily because they're always improper, but because they're common sources of later disputes. These include clauses about guest or occupancy limits, clauses that try to restrict a tenant's right to have the rent-geared basics (like heat, in a unit where the landlord supplies it) withheld as leverage, automatic rent increase or "escalator" language beyond what the RTA permits, overly broad maintenance responsibility language that tries to shift the landlord's repair obligations onto the tenant, and early termination or "buyout" penalty clauses that may overstate what a tenant would actually owe under the law. None of these should be assumed enforceable just because they're printed in the lease — but understanding what each one is trying to do before signing avoids confusion and stress later.
What to check about the unit before signing
Beyond the paperwork, a practical pre-signing walkthrough of the unit is genuinely worth the time. Testing that heating and cooling systems work, checking for visible signs of water damage, pests, or mould, confirming which utilities are included in rent versus billed separately, and taking dated photos of the unit's condition before move-in all create a useful baseline. This baseline matters twice over: it protects a tenant against being blamed later for pre-existing damage, and it gives a documented starting point if a maintenance issue develops during the tenancy and a T6 application becomes necessary down the line.
Verbal promises and why they should be in writing
Rental negotiations often include verbal promises — "we'll fix that before you move in," "you can have a cat even though the ad says no pets," "we'll prorate the first month." These promises can matter, but they're much harder to rely on later if they aren't written down somewhere, whether in the lease's additional terms section, in a follow-up email, or in a text message exchange. Before signing, it's worth asking that any meaningful verbal commitment be added to the lease or at least confirmed in writing, since a tenant relying solely on memory of a verbal promise is in a weaker position if a dispute arises later.
Co-signers and guarantors
Some landlords ask for a guarantor or co-signer, particularly for a tenant with limited rental or credit history. A prospective tenant (and any guarantor) should understand what signing as a guarantor actually commits that person to — generally, a guarantor can become responsible for rent and related obligations if the named tenant doesn't meet them, which is a real financial commitment, not just a formality. Both the tenant and the guarantor benefit from reading the actual guarantor agreement rather than assuming it's a simple reference check.
What to keep and do after signing
Once a lease is signed, a tenant should keep a copy (ideally the fully signed version, not just a blank template), along with the move-in condition photos, any written side-agreements, and a record of the deposit paid and how it's meant to be applied. Confirming the landlord's legal name and contact information, as required to appear on the Standard Lease, is also useful, since this information matters later if a notice needs to be served or an LTB application becomes necessary. None of this is complicated, but it's the kind of organizing that's far easier to do on day one than to reconstruct months into a dispute.
It's also worth setting a calendar reminder or simple note for yourself about key dates tied to the lease — when a fixed term ends and the tenancy would shift to month-to-month, when a rent increase could lawfully take effect, or when a notice period would need to begin if you expect to move out around a particular date. Tenants who track these dates from the outset are generally better positioned to act on their own timeline rather than scrambling to figure out the rules only once a decision needs to be made quickly.
This article provides general information about Ontario landlord and tenant law.
It is not legal advice. For advice about a specific situation, consult a licensed
paralegal or lawyer, or contact the Landlord and Tenant Board.
Frequently Asked Questions
Generally no. A clause purporting to waive RTA rights, including rights related to rent increases, is generally void and unenforceable, regardless of whether the tenant signed it.
Generally, no. A landlord can generally require a rent deposit (applied to the last month's rent) but not a separate damage deposit on top of it.
For most private residential tenancies, landlords are generally required to use the Standard Form of Lease, and a tenant can generally request a properly completed copy of it.
Generally, no. This is generally not something a landlord can lawfully require as a condition of renting, even though some landlords ask for it anyway.
General condition of each room, any existing damage or wear, appliances, and anything that might later be disputed, such as marks on walls or flooring. Dated photos create a useful baseline.
They can be, but they're much harder to rely on if a dispute arises later. Getting any meaningful promise in writing, even by text or email, is generally a good practice.
A guarantor generally becomes responsible for rent and related obligations if the named tenant doesn't meet them. It's a real financial commitment, so reading the actual agreement matters.
Generally no. A term that takes away an RTA right is generally void and unenforceable even with the tenant's signature, since the RTA sets a floor that a lease cannot lower.
Generally one month's rent for a monthly tenancy (or one week's rent for a weekly tenancy), applied toward the last rental period rather than held separately.
Yes, this is generally an important document to keep, along with move-in photos and any side agreements, in case questions or disputes arise later in the tenancy.
Related reading
Reviewed by Ryan J. Manilla, BA, JD
Legal Reviewer · Landlord Tenant Ontario