Illegal and Unenforceable Lease Clauses in Ontario Rentals

You just received a lease and something in it looks off. Maybe it says the landlord can walk in whenever they like, or that you are not allowed to have pets, or that you are responsible for all repairs no matter what. Before you sign, it is worth knowing that illegal lease clauses in Ontario are surprisingly common — and that signing a lease containing one does not mean you are actually bound by it.

Ontario's Residential Tenancies Act (the RTA) sets a floor of tenant and landlord rights that private agreements cannot undercut. A clause in a lease that tries to take away a right granted by the RTA is automatically void — meaning it has no legal effect from the moment it is written, regardless of whether both parties signed the lease.

This article walks through the most common void clauses, explains what happens when a lease contains one, and tells you what to do if you are dealing with one right now.

The Golden Rule: You Can't Sign Away Your Rights

The core principle of Ontario residential tenancy law is straightforward: a provision in a tenancy agreement is void if it purports to waive or vary any right, privilege, or remedy the RTA gives to a tenant or a landlord. In plain English, a lease cannot legally override the RTA, even if both the tenant and the landlord agree to it in writing.

This matters because landlords sometimes add extra terms to leases — often in good faith, sometimes not — that are simply unenforceable. Tenants who do not know the rules may comply out of fear. Landlords who do not know the rules may enforce clauses that expose them to liability at the Landlord and Tenant Board (LTB).

Common Illegal Lease Clauses in Ontario

"No Pets" Clauses

The rule: No-pet clauses are void under the RTA. A landlord cannot refuse to rent to someone because they have a pet, and a no-pet clause in a lease cannot be enforced to require a tenant to give up a pet or face eviction — at least in most cases.

The condo exception: If the rental unit is a condominium, the condo corporation's declaration or rules may prohibit animals, and those rules can override the RTA's no-pets protection. If you are renting a condo unit, check whether the building's condo documents restrict pets before assuming you are protected.

Important note: Even where no-pet clauses are void, a landlord can still apply to evict a tenant if a specific pet causes damage, allergies to other occupants, or unreasonable disturbance — the issue must be the animal's conduct, not mere presence.

"Landlord May Enter at Any Time"

The rule: A landlord's right of entry is tightly regulated. Except in genuine emergencies, a landlord must give at least 24 hours written notice before entering, must enter only between 8 a.m. and 8 p.m., and may only enter for purposes permitted by the RTA (such as repairs, showings to prospective tenants or buyers, or inspections).

Any clause granting broader entry rights — for example, "landlord may enter without notice to conduct inspections" or "landlord retains the right to enter at any time" — is void. A tenant is entitled to quiet enjoyment of their home, and unauthorized entry is a serious breach.

"Tenant Waives the Right to Repairs"

The rule: Landlords are required by law to maintain a rental unit in a good state of repair, fit for habitation, and in compliance with health, safety, housing, and maintenance standards. A tenant cannot waive this right, and a clause purporting to do so is void.

This applies even if the tenant knew about a deficiency before moving in. Agreements that say "tenant accepts the unit as-is and releases the landlord from all repair obligations" do not hold up at the LTB.

"Extra Deposits Beyond First and Last Month's Rent"

The rule: Under the RTA, a landlord may collect a rent deposit of no more than one month's rent (or one rental period's rent, whichever is less) before the tenancy begins. That deposit is applied to the last period of the tenancy. No other deposit — for keys, pets, damage, or anything else — is permitted.

A clause requiring a damage deposit, a pet deposit, or a cleaning deposit is void and any money collected under such a clause must be returned. A key deposit is permissible only if it is refundable and does not exceed the landlord's actual replacement cost for the key.

"Tenant Responsible for All Repairs"

The rule: Tenants are responsible for maintaining ordinary cleanliness of the unit and for repairing damage they, their guests, or their pets cause. They are not responsible for normal wear and tear, building systems, or structural components. Any clause shifting the full burden of repairs and maintenance to the tenant is void to the extent it contradicts those limits.

"No Guests" or "No Subletting Without Consent Can Never Be Given"

The rule: Tenants have the right to have guests and to sublet or assign their unit, subject to certain conditions. A landlord cannot unreasonably withhold consent to a sublet or assignment. A clause that flatly prohibits all subletting — with no provision for consent — or that prohibits guests entirely is void.

A landlord may require the tenant to seek consent before subletting or assigning, and may refuse consent on reasonable grounds. What the landlord cannot do is insert a blanket prohibition that removes the tenant's right entirely.

"Rent Increases More Than Once Per Year or Without Notice"

The rule: A landlord may only increase rent once every 12 months, and must give at least 90 days written notice using the proper form before the increase takes effect. Any clause in a lease providing for more frequent increases, automatic increases on a set schedule without proper notice, or increases above the provincial guideline (without an approved above-guideline application) is void.

"Tenant Must Give More Than 60 Days Notice to Vacate"

The rule: A tenant in a month-to-month tenancy is required to give 60 days notice to end the tenancy, with the termination date falling on the last day of a rental period. A clause requiring longer notice — say, 90 days or three rental periods — is void. The statutory 60-day period cannot be extended by agreement.

What Happens When a Lease Contains a Void Clause?

A void clause does not invalidate the entire lease. The rest of the agreement remains in full force. Only the offending clause is stripped out — replaced, in effect, by whatever the RTA says on that subject.

This means a tenant who signs a lease with a no-pet clause is still bound by the lease's rent amount, term, and all other valid terms. They simply cannot be held to the void clause, and cannot be evicted for violating it.

What Tenants Can Do

• Document the clause. Keep a copy of the lease as signed, including any addenda.
• Know your rights before you sign. You are not obligated to accept extra terms that waive RTA rights, even if a landlord presents them as standard.
• Do not comply with void clauses out of fear. If a landlord threatens consequences for violating a clause that is void, that threat has no legal foundation.
• File at the LTB if needed. The Landlord and Tenant Board adjudicates disputes about tenancy rights. If a landlord is trying to enforce a void clause or has collected an improper deposit, you can bring an application.

What Landlords Should Know

Ontario's standard lease form — required for most residential tenancies — has a specific section for additional terms. Any additional terms must comply with the RTA. Attempting to contract out of the RTA through extra clauses does not protect the landlord; it only creates a dispute.

Landlords who collect improper deposits, restrict entry rights beyond what the RTA allows, or try to enforce void clauses risk LTB orders requiring repayment, rent abatement, or other remedies. Sticking to the standard lease and understanding what the additional terms section can lawfully contain is the safest approach.

Frequently asked questions