• The name and address of the landlord and tenant(s);
• The address of the rental property;
• The agreed upon monthly rent amount, with or without utilities (be specific – Heat? Hydro? Water? Parking? Internet? Etc);
• The term of the rental period (usually 12 or 8 months, or month-to-month) and specific dates of occupancy;
• When the rent is due (e .g . on the first day of each month);
• The amount and terms of the rent deposit (e.g. is the deposit refundable; it can only be used towards last month’s rent, etc.)
• Which repairs are your responsibility, and your obligation to do repairs at the request of the landlord (if applicable);
• Who is responsible for snow shovelling and cutting the lawn?; who will supply the tools to do so, and maintenance of such;
• The notice period that the tenant is required to give when terminating a tenancy, such as 60 days prior to the end of the lease term;
• Subletting rules;
• Specific restrictions, such as no additional tenants, pets, smoking;
• When and how a landlord can enter the rental premises;
• Conditions for termination of a lease (by either party);
• Terms for dispute resolution (late payment, damage and repairs)

As of April 30, 2018, all new tenancies must use the approved Standard Lease Form found on the Ontario Ministry of Housing website.

• If you sign a lease on or after April 30, 2018, that does not use the standard lease, renters can ask the landlord for one in writing. The landlord must provide one within 21 days. Renters cannot ask for a standard lease if they signed a lease before April 30, 2018, unless they and their landlord negotiate a new lease agreement with new terms on or after this date.  Additionally, renters cannot ask for a standard lease if they sign a fixed-term lease before April 30, 2018, and it renewed automatically to a month-to-month tenancy after April 30, 2018.  If a landlord fails to provide the standard lease within 21 days after a renter has asked for it in writing, the renter may withhold one month’s rent.  If the landlord fails to provide the standard lease within 30 days after the renter has begun withholding rent, the renter does not have to repay the one month’s rent. Please note, you cannot withhold more than one month’s rent and you must continue paying your rent for the term of your lease, even if your landlord never gives you the standard lease. However, if a standard lease is not provided, special rules allow you to end your fixed-term lease early.
• If the landlord does not provide the standard lease within 21 days after the renter has made a written request, the renter may give 60 days’ notice to terminate a yearly or fixed-term tenancy early. If the landlord provides a renter with the standard lease after the renter has asked for it, but the renter does not agree to the proposed terms (for example, a new term is added), the renter may give the landlord 60 days’ notice to terminate a yearly or fixed-term tenancy early.  To terminate a tenancy early, in this case, the renter must give the 60 days’ notice no later than 30 days after the landlord provided the standard lease.  In both cases, the effective date for termination must be the last day of a rental period (for example, the end of a month).

Under most tenancy agreements, if you all appear on the same lease, you are each responsible to the landlord for the whole rent. Your obligation to the landlord is referred to as being “joint and several” in nature. If one of your housemates fails to pay their share of the rent, the landlord can look to the remaining housemates to make up the difference and will be in a position to begin eviction proceedings. It would then be your responsibility to pursue the defaulting housemate for their share of the rent. (It is best to seek legal advice concerning potential actions by the landlord and your rights against the defaulting housemate. Contact the Hamilton Legal Clinic for some free tenant advice).

If you have separate (individual) leases, you are only responsible for the payment of the amount specified in your lease and the landlord can take no further action against you.

Most landlords want students to sign a lease for 12 months (the “term” of the lease) because it can be difficult finding tenants for the summer months.  You can try negotiating a shorter term, or alternatively, suggesting a reduced rent over the summer months; remember to always ensure such agreements are contained in the written lease contract.

Generally, if you decide to stay in the same house/apartment for a second year, and do not sign a renewal, you will become what is known as a “month-to-month” tenant, with “security of tenure”, under the Residential Tenancy Act.  This means that your tenancy is deemed to be renewed as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreements, and subject to an increase in rental charges made according to the RTA.

Your landlord cannot force you to sign a new lease or a renewal. At the end of the term, you are automatically deemed to have renewed your lease as a monthly tenancy agreement on the same terms and conditions as your old lease, except for any permitted rent increases. This gives you more flexibility in terminating your lease early if needed.