Rental Agreement Ontario Forms
All landlords who rent in Ontario should be aware that the province has introduced a new standard leasing method that is to be used for written leases in Ontario that will be concluded on April 30, 2018 and beyond. Please terminate the use of your current rental or rental agreement and obtain a copy of the standard contract issued by the Ministry of Housing. Legal Advice With the new binding form of the housing lease, the government`s objective is to normalize a sector that, in the past, was overtaken by litigation. While the form, with its clear language, is undoubtedly focused on protecting tenants, landlords (which may include both condominium owners and condo companies) would be wise to consider additional protections. If so, you will receive legal advice. When both parties sign the rental agreement, it is retained for the personal registration of each party for the duration of the rent. Section 10 (Smoking) of the form provides the landlord with a place to insert smoking rules that would bind the tenant. In the case of a condominium rental, this section is redundant because the tenant would be bound by such rules, regardless of their inclusion in them, in accordance with p. 119 of the act above. Nevertheless, the introduction of the smoking rules of the condominium can serve as a useful reminder on this important subject.
If the landlord and tenants have other agreements or obligations, these documents must be attached. It is worth mentioning how the form itself addresses the law. At point 2 (rental unit) of the form, the owner must indicate whether the rental unit is a unit in a condo. If so, “the tenant agrees to respect the declaration of ownership, the statutes and the rules provided by the landlord.” This language suggests that the tenant should only respect condominiums if it is provided by the landlord. It`s not fair. Under the act, at p. 119, an occupant of a unit, of which a tenant is a member, must comply with the law and the declaration, statutes and rules of society. In accordance with the law, at p. 83, a unit owner must provide a tenant with a copy of the company`s declaration, statutes and rules. A tenant cannot comply with his obligation to comply with the law and the declaration of the company, statutes and rules if the lessor forgets to make the condominium documents available to the tenant. And in fact, the owner would break the law for such surveillance.
The contract must be signed by the landlord and tenant. Unfortunately, the form contains only basic leasing provisions. Fortunately, page 15 (Additional Conditions) of the form can add additional conditions to the form. No rights or liabilities under the Residential Tenancies Act of 2006 (the “RTA”) can remove any addition to the basic rental report. Additional conditions are recommended for condominiums because the interaction between the Condominium Act of 1998 (the “law”) that defines the condominium regime and the RTA, which governs rental units in residential buildings, is not always obvious. Homeowners who rent their apartments should consider whether the basic rental contract is extended to a wide range of protections, since the ATR is geared towards tenant protection. Condo companies would also be advised to add additional conditions to the form if they lease the superintendent`s suite. The main purpose of this contract is to determine the terms of the lease; The sum of the monthly rent The terms and conditions for payment of supply fees; maintenance conditions for the devices, etc.
October 16, 2021
October 15, 2021