The Ontario Standard Lease: What’s Mandatory and What Isn’t

Ontario’s Standard Lease is the government lease form the province requires for almost every private residential tenancy, a requirement that has applied since April 30, 2018 under the Residential Tenancies Act. The form sets out the same baseline terms for every tenancy it covers, so a landlord can’t leave out a protection the law gives every tenant simply by using a different document instead. This guide covers what the form’s mandatory sections set out, which tenancies are exempt, what can only go into the lease’s separate Additional Terms schedule, and what happens if a landlord skips the form. It also separates the Standard Lease from OREA’s Form 400, a different document that turns up in the same search results and gets confused with it often. For the rest of what renting in Toronto involves, see our complete Toronto real estate guide or browse the rest of our guides.

What the Ontario Standard Lease is and why it’s mandatory

The Standard Lease has been mandatory for new residential tenancies in Ontario since April 30, 2018, under section 12.1 of the Residential Tenancies Act, 2006. It covers apartments, condos, houses, semis, and secondary units such as basement apartments, provided the tenancy itself began on or after that date; a tenancy that started earlier isn’t covered by the requirement, even if it’s still running today. An updated version of the form became mandatory for tenancies entered into on or after March 1, 2021, after landlords and tenants were allowed to use either version starting in December 2020.

The point of the form is one consistent lease, in plain language, that gives every tenant the same baseline protections no matter who drafted the paperwork or how experienced the landlord is. The government’s own guide to the Standard Lease sets out what the form requires and who it applies to. Anyone renting out a property for the first time should read our guide to becoming a landlord in Ontario before getting to the lease itself, since it covers the steps that come before signing anything, and a tenant applying for a unit can see where this form fits into the wider process in our guide to renting an apartment in Toronto.

Which tenancies are exempt

A handful of tenancy types fall outside the requirement entirely: care homes, mobile home parks and land lease communities, most social and supportive housing, co-operative housing, and certain other specific tenancy types the Act names separately. A landlord renting one of these isn’t breaking any rule by using a different lease format, though the rest of the Residential Tenancies Act’s tenant protections still apply regardless of which document is used.

Outside those specific exemptions, the requirement is broad. It makes no difference whether the landlord is an individual renting out one basement unit or a company managing hundreds of units; if the tenancy falls under the Act and isn’t one of the exempt categories above, the Standard Lease requirement applies to it.

What the mandatory sections cover

The form itself runs through sixteen numbered sections, and the landlord fills in the specifics without rewriting the terms themselves. They identify the landlord and tenant, describe the rental unit and the building it’s in, set the term of the tenancy and the rent, list what services and utilities are included, set out the rent deposit rules, cover keys, state the building’s smoking policy, and address tenant’s insurance. Later sections cover what happens if the landlord wants to make changes to the unit or building, who’s responsible for maintenance and repairs, and the rules around assigning or subletting the unit.

Read the insurance section closely: the form asks whether the landlord requires the tenant to carry tenant’s insurance, and if so, what coverage. Our guide to tenant insurance in Ontario covers what that coverage typically includes and what it costs, since a landlord can require it as a condition of the tenancy even though no province-wide law mandates it on its own.

What can only go in the Additional Terms schedule

Section 15 of the form, Additional Terms, is where a landlord and tenant add anything specific to this tenancy that the standard sections above don’t already cover: a parking arrangement, a rule about where garbage goes out, or a payment method the landlord prefers. Anything written here has to be attached to the lease and has to comply with both the rest of the Standard Lease and the Residential Tenancies Act; a term that conflicts with either one is void, whether or not the tenant signed it.

That limit matters most where a landlord tries to use Additional Terms to claw back something the Act already settled. A clause charging a damage or pet deposit, adding interest on late rent beyond what the Act allows, or shifting a repair that’s legally the landlord’s responsibility onto the tenant are common examples of terms that won’t hold up even with a signature on them. Adding a roommate is one of the more frequent reasons this section gets reached for in practice; if you’re bringing someone into a tenancy who isn’t going on the lease as a full tenant, our guide to roommate agreements in Ontario covers what belongs in a separate roommate agreement instead of trying to solve it through Additional Terms. A tenant also never has to agree to an additional term just because a landlord included it on the form, and a term added after both sides have already signed isn’t part of the agreement unless it’s handled as a proper amendment. A lease guarantor is handled differently again: the Standard Lease has no guarantor section at all, so a landlord asking for one documents it through a separate guarantee agreement rather than through Additional Terms, which our guide to lease guarantors in Ontario covers on its own.

What happens if a landlord doesn’t use it

A tenant whose landlord hasn’t provided the Standard Lease can make a written demand for it. From that point, the landlord has 21 days to comply. If they don’t, the tenant can start withholding rent, up to one month’s worth, while continuing to pay the rest of the rent as normal. If the landlord still hasn’t provided the lease 30 days after that, the tenant doesn’t have to pay the withheld rent back and keeps it. This remedy only applies to tenancies that began on or after April 30, 2018, when section 12.1 of the Act took effect; a tenant in an older tenancy that’s never used a Standard Lease doesn’t have this specific option, though the Act’s other protections still apply to that tenancy regardless.

A tenant on a fixed-term or yearly tenancy also has a separate option: giving 60 days’ notice to end the tenancy early instead of withholding rent and staying. Which one makes more sense depends on whether the tenant wants to stay; withholding rent keeps the tenancy going while pressing the landlord to comply, while the 60-day notice is the exit route for a tenant who’d rather leave than keep pushing for the form. Our guide to breaking a lease in Ontario covers how a 60-day notice works in the more common context of ending a tenancy outright, and the same notice period applies here.

How this differs from OREA’s Form 400

OREA’s Form 400, Agreement to Lease, is a different document from a different source: a standard form published by the Ontario Real Estate Association for use when a real estate brokerage arranges a rental. It records the deal itself, the rent, the term, the move-in date, and any conditions, before the Standard Lease is signed, and it works more like an offer than a tenancy agreement. Once a landlord and tenant reach an agreement through Form 400, the Standard Lease still has to be signed separately for the tenancy to exist; Form 400 doesn’t replace it, and a brokerage can’t substitute it for the government form on a tenancy the requirement covers.

The two show up together often because a lease arranged through an agent typically involves both: Form 400 to record the negotiated deal, then the Standard Lease to formalize the tenancy. A landlord and tenant working directly with each other, with no brokerage involved, will likely never see Form 400 at all and go straight to the Standard Lease.

Frequently asked questions

What is the Ontario Standard Lease?

The Ontario Standard Lease is the government-created lease form that’s been mandatory for most private residential tenancies in Ontario since April 30, 2018, under section 12.1 of the Residential Tenancies Act. It covers apartments, condos, houses, semis, and secondary units such as basement apartments, and it sets out the same baseline terms and the same core protections for every tenant, no matter who drafted the paperwork. A small number of tenancy types, including care homes, mobile home parks and land lease communities, most social and supportive housing, and co-operative housing, are exempt from the requirement. Where it applies, a landlord using a different document instead doesn’t remove a tenant’s rights under the Act; it means the landlord hasn’t met a separate legal requirement, which has its own specific remedy for the tenant.

Is the Ontario Standard Lease mandatory for every rental?

No, not every rental is covered. The requirement applies to most private residential tenancies that began on or after April 30, 2018, including apartments, condos, houses, semis and secondary units like basement apartments, but it specifically exempts care homes, mobile home parks and land lease communities, most social and supportive housing, co-operative housing, and a handful of other specific tenancy types the Residential Tenancies Act names separately. A tenancy that started before April 30, 2018 also isn’t covered by the requirement itself, even if it’s still ongoing today, though the Act’s broader tenant protections still apply to it regardless. Outside the exempt categories, it makes no difference whether the landlord is an individual with one unit or a company managing hundreds; if the Act covers the tenancy, the Standard Lease requirement applies to it.

What happens if my landlord won’t give me the Standard Lease?

You can make a written demand for it, and your landlord then has 21 days to provide it. If they don’t, you can start withholding rent, up to a maximum of one month’s worth, while continuing to pay the rest of the rent as you normally would. If your landlord still hasn’t provided the lease 30 days after that, you keep the withheld amount rather than owing it back. On a fixed-term or yearly tenancy, you also have the separate option of giving 60 days’ notice to end the tenancy instead of withholding rent, which makes more sense if you’d rather leave than keep pushing for the form. This remedy only applies to tenancies that began on or after April 30, 2018, when the requirement took effect.

Is the Ontario Standard Lease the same as OREA’s Form 400?

No, they’re different documents serving different moments in the same rental. OREA’s Form 400, Agreement to Lease, is a real estate board form used when a brokerage is arranging the rental; it records the negotiated deal, the rent, the term and the move-in date, and works more like an offer than a tenancy agreement. The Standard Lease is the government form that governs the tenancy once it’s in place, and it’s required by law regardless of whether a brokerage was involved at all. When an agent is involved, both documents typically show up: Form 400 first, to record the deal, and the Standard Lease afterward, to formalize it. Form 400 never replaces the Standard Lease for a tenancy the requirement covers; the government form still has to be signed on its own.

Can a landlord add extra rules through Additional Terms?

Yes, but only within limits. Section 15 of the Standard Lease, Additional Terms, is where a landlord and tenant add rules specific to this tenancy that the form’s standard sections don’t already cover, such as a parking arrangement or a preferred payment method. Anything added there has to comply with both the rest of the Standard Lease and the Residential Tenancies Act, and any term that conflicts with either one is void even if the tenant signed it. A clause charging a damage or pet deposit, adding interest on late rent beyond what the Act allows, or shifting a repair that’s legally the landlord’s job onto the tenant are all common examples that won’t hold up in practice. A tenant also never has to agree to an additional term simply because it’s written on the form, and nothing added after both sides have signed is part of the agreement unless it’s handled as a proper amendment.