The lease agreement is a contract between you and your tenant, allowing him to live in your rental in exchange of the payment of their rent. Your local tribunal would rely on it in the event of a problem between you two. APRIL would also ask for it, if you submit a claim for Unpaid rents or Damage by tenants.
Get your basics right
You should always include in your lease the basic information such as:
- Name of the landlord and tenant(s)
- Full address of the rental
- Description of the amenities made available to the tenant
- The length of the lease (fixed or indefinite)
- The amount of the rent,
- The rent due date
- The accepted payment methods
In the provinces where it is legal, you should also note the amount required for the deposit. Read about how deposits work depending your rental province.
What could also be part of the lease
If any, the building rules are part of the lease so the landlord should give a copy to the tenant. The rental agreement could include similar clauses as building rules would specify, such as:
- Use of the premises (i.e. parking…)
- Inspections: For example, APRL would usually require move-in and move-out inspections in the event of damage to establish if there was indeed caused by tenants.
- Routine visits (e.g. quarterly or twice a year): Writing your intention to do routine property checks in the lease wouldn’t exempt you to respect the legal notice period to your tenant before.
- Pets – For example, Pet damage is covered up to $500 under APRIL‘s insurance but only if the pet is listed on the lease.
What can’t be part of the lease
Any lease clause that doesn’t comply with the law is without effect. For example, a statement saying that the tenant must pay rent all the remaining rents of his lease if he missed one payment; or that the rent can be changed during the term of the lease. To know how to properly increase your rent, read our article here.
Use the legal lease templates
Usually you have to use the written rental agreement templates created from your local authority:
- Régie du Logement in Quebec
- Ministry of Municipal Affairs and Housing in Ontario
- Residential Tenancy Branch in British Columbia