Is My Landlord Required to Use the Standard Lease?
Most Ontario residential tenancies signed since April 30, 2018 must use the government standard lease form. If yours does not, the RTA gives you a written-demand remedy with teeth.
The Rule
Since April 30, 2018, most private residential tenancy agreements in Ontario must be on the government's standard form of lease. Section 12.1 of the Residential Tenancies Act requires that covered tenancy agreements "shall be in the form prescribed" — the familiar multi-page Ontario standard lease published by the province.
It applies to most houses, apartments, condos, and secondary suites. It generally does not apply to care homes, mobile home parks, most social housing, and co-ops, which have their own rules.
Why Landlords' Custom Leases Are a Red Flag
The standard form exists because custom leases are where illegal clauses live: damage deposits, no-pet clauses, blanket "no guests" rules, tenant-pays-all-repairs terms, waivers of your RTA rights. Section 3 of the RTA makes the Act prevail over any lease term that conflicts with it, and section 4 renders inconsistent terms void — but the standard form prevents most of these from appearing in the first place.
A landlord using a homemade 15-page lease in 2026 is either unaware of the law or hoping you are.
Your Remedy Has Teeth
If your tenancy is covered and your landlord did not use the standard form:
- Demand it in writing. Under section 12.1, you can demand the landlord provide the standard lease.
- 21-day clock. If the landlord does not provide it within 21 calendar days of your written demand, you may withhold one month's rent.
- Keep-it territory. If the landlord still has not provided the standard lease 30 days after you began withholding, you may keep that withheld month permanently.
There is a second, less-known option: after the 21 days run out, you can also give 60 days' notice and terminate a fixed-term lease early — the missing form unlocks an exit.
Important Nuances
- No standard lease does not mean no tenancy. Your tenancy is fully valid and RTA-protected even on a napkin lease, or with nothing in writing at all.
- Extra terms are allowed. The standard form has a section for additional terms, but any that conflict with the RTA are void.
- Renewals: an existing pre-2018 lease does not need to be converted unless a new agreement is signed.
Before You Sign Anything
Whether or not the form is standard, read what is in it. The standard lease constrains the format, not every term — and custom leases can bury multiple illegal clauses in boilerplate.
Frequently Asked Questions
My landlord used their own lease, not the standard form. Is my lease invalid?
No — your tenancy is still valid and fully protected by the RTA. The landlord is in breach of section 12.1, which triggers your demand-and-withhold remedy, but it does not void the tenancy.
How do I get the standard lease if my landlord refuses?
Demand it in writing. If it is not provided within 21 days, you can withhold one month's rent; if it is still not provided 30 days after you started withholding, you can keep that month.
Does the standard lease requirement apply to my basement apartment?
Yes, in most cases. Secondary suites and rented condos are covered. Care homes, mobile home parks, co-ops, and most social housing are not.
Can the landlord add their own clauses to the standard lease?
Yes, in the additional-terms section — but any added term that conflicts with the RTA is void under sections 3 and 4 of the Act.
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Scan My Lease — $29Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer or your local legal clinic.