Leases & Tenancy Agreements

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Leases and Tenancy Agreements

When a landlord agrees to rent to you, and you agree to move in, you have entered a legally binding tenancy agreement. A tenancy agreement does not have to be written. It can also be verbal. Your rent receipts are proof that the agreement exists (so make sure you get a receipt every time you pay your rent, especially if you pay cash!).

When entering a tenancy agreement make sure you know:

  • Who your landlord is. You must be provided with the landlord’s name and address within 21 days of moving in. If you are not provided with this, you can withhold your rent until you receive it (TPA sec. 8);
  • How long the tenancy agreement is for (i.e., if there is a fixed term);
  • Everything you are paying for: parking, cable, hydro, etc.

A lease is a written tenancy agreement which sets out the rules and regulations of your tenancy, as well as the period of time for which you are promising to live there.

If you don’t have a written lease or tenancy agreement, you still have rights. All of the rules contained in the Tenant Protection Act (TPA) still apply.

Read your lease carefully before you sign it. There is no cooling off period, so once it’s signed, it will be difficult to back out. If there are any clauses that seem questionable to you, call the Tenant Hotline at 416-921-9494 or a legal clinic before you sign. You have some protection from illegal clauses on a lease, but it is still better to know your rights before you sign.

Leases cannot:

  • Have a “no pets” clause;
  • Make you take an apartment “as is”;
  • Make you pay a “security deposit” (other than last month’s rent) or any other charge.
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