What the Lease Contains
- Name of Landlord (Owner) and Tenant
- Address of Rental Property
- Rental Term (Generally 12 Months)
- Rent Amount and Payment Terms
- What's Included: Heat, Electricity, Appliances, Parking, etc.
- Building Rules (Noise, Pets, etc.)
Term and Renewal
Most residential leases are signed for 12 months. In Quebec, this is often from July 1st to June 30th.
The landlord must notify the tenant in writing if they wish to change any terms (e.g., rent increase) or not renew the lease.
The tenant can also refuse the rent increase or decide not to renew.
Special clauses to watch out for:
- No pets: This must be included in the lease to be valid.
- Commercial use prohibited (e.g., subletting on Airbnb)
- Maintenance responsibility (e.g., snow removal from a private parking lot)
Tips
Always read your lease carefully before signing it.
If anything is unclear, ask for clarification or consult the Administrative Housing Tribunal.
Specific Lease Requirements in Canadian Provinces
The rules governing leases vary by province.
Quebec
- The standard lease provided by the Régie du logement is mandatory for all rental units.
- It is prohibited to require a security deposit (e.g., for damages or keys).
- Rent increases must be justified and can be contested before the Administrative Housing Tribunal.
- The tenant may sublet or assign their lease with the landlord's permission, which cannot be refused without a serious reason.
- A tenant cannot be evicted simply because the lease is ending, unless there is a recognized legal reason.
- In the event of non-compliance with these obligations, recourse is sought through the Administrative Housing Tribunal.
- The standard lease provided by the Régie du logement is mandatory for all rental units. It must be completed clearly, without illegal or ambiguous clauses.
Ontario
- Standard lease mandatory since 2018 (provided by the government).
- Rent adjustable once a year, based on a provincial rate (2.5% in 2024).
- Security deposit permitted for the last month's rent.
- Termination possible in certain cases (e.g., domestic violence).
British Columbia
- Security deposit permitted (up to half a month's rent, plus half a month for pets).
- 3-month notice required if the landlord wants to repossess the property.
- Rent increases regulated annually.
Alberta
- No mandatory form, but a written contract strongly recommended.
- Security deposit permitted (maximum one month's rent), held in a trust account.
- 3-month notice required for termination of a periodic lease.
- Other provinces
- Manitoba, Nova Scotia, Saskatchewan, etc., have their own forms and rules. Security deposits are generally permitted, with specific return rules.
- Rent control is applied differently depending on the jurisdiction.
Important to remember
- Quebec is the only province where it is prohibited to require a security deposit.
- A written lease is strongly recommended throughout Canada.
- Consult provincial government websites for details specific to your region.
➡️ Continue to read: 3. Deposit, security deposit, and payments
↩️ Return: Tenant's guide