| Category | Detail |
|---|---|
| Jurisdiction | Canada — provincial residential tenancy law |
| Governing legislation | Ontario RTA (2006); BC Residential Tenancy Act; Alberta Residential Tenancies Act; Civil Code of Quebec |
| Applies to | Residential tenancies: apartments, houses, basement suites, condos |
| Audience | Tenants, landlords, newcomers, self-represented parties |
| Last updated | June 2026 |
A rental agreement — also called a lease or tenancy agreement — is a legally binding contract between a landlord and a tenant. In Canada, residential tenancy law is entirely provincial. The rules in Ontario differ from those in British Columbia, Alberta, and Quebec in ways that matter: what deposits are legal, how much notice you must give, and which clauses in your lease are void even if you signed them.
What a Rental Agreement Must Include
Provincial legislation sets minimum requirements. A lease that omits required terms is still valid — but the missing terms are filled in by the statute, not by whatever the landlord says verbally.
Mandatory elements in most provinces:
- Names of the landlord and all tenants
- Address of the rental unit
- Rent amount and payment due date
- Lease term (fixed end date or month-to-month)
- What is included in rent: utilities, parking, storage
- Rules about rent increases
Ontario's mandatory standard lease (Form LTB-1): Since April 30, 2018, landlords renting most residential units in Ontario must use the government's standard lease form. If a landlord refuses to provide it, the tenant can request it in writing. If the landlord still does not provide it within 21 days, the tenant can withhold one month's rent — and the landlord cannot evict the tenant for doing so.
BC's standard form (RTB-1): British Columbia has a standard tenancy agreement form. Landlords are not legally required to use it, but any written tenancy agreement must comply with the Residential Tenancy Act.
Alberta: No mandatory standard form, but the Residential Tenancies Act requires that any written agreement include the landlord's name and address, the rent amount, and the tenancy start date.
Quebec: Residential leases are governed by the Civil Code of Quebec. The Tribunal administratif du logement (TAL) provides a standard lease form that landlords must use for most residential rentals.
Fixed-Term vs. Month-to-Month Leases
The distinction matters most when the lease ends — and most tenants get this wrong.
| Feature | Fixed-Term Lease | Month-to-Month |
|---|---|---|
| Duration | Set end date (e.g., 12 months) | Continues until notice given |
| What happens at end | Converts to month-to-month (Ontario, BC) | Continues until proper notice |
| Landlord can force new lease? | No (Ontario) | No |
| Early termination by tenant | Requires specific grounds or mutual agreement | 60 days' notice (Ontario); 1 month (BC, Alberta) |
In Ontario, when a fixed-term lease expires, it automatically becomes a month-to-month tenancy on the same terms. The landlord cannot require the tenant to sign a new lease or leave. A landlord who tells a tenant they must vacate because "the lease is up" is wrong — and that statement does not constitute valid notice to end the tenancy.
Security Deposits and Rent Deposits by Province
What a landlord can collect upfront varies significantly across Canada. Collecting a deposit that is not permitted in your province is illegal — the tenant can demand it back at any time.
| Province | Damage Deposit | Last Month's Rent | Pet Deposit | Notes |
|---|---|---|---|---|
| Ontario | Not permitted | Yes (1 month's rent) | Not permitted | Deposit earns interest annually at the rent increase guideline rate |
| British Columbia | Yes (max ½ month's rent) | No | Yes (max ½ month's rent) | Total maximum: 1 month's rent combined |
| Alberta | Yes (max 1 month's rent) | No | Included in damage deposit | |
| Quebec | Not permitted | No | Not permitted | No deposits of any kind allowed |
| Manitoba | Yes (max ½ month's rent) | No | Varies | |
| Nova Scotia | Yes (max ½ month's rent) | No | Varies |
Ontario: The last month's rent deposit is applied to the final month of rent — it is never returned as a separate payment. It must earn interest at the same rate as the annual rent increase guideline. In 2026, that rate is 2.5%.
BC: If a landlord fails to return a security deposit within 15 days of the tenancy ending (or 15 days after receiving the tenant's forwarding address, whichever is later), the tenant is entitled to double the deposit amount.
Alberta: The landlord must return the deposit within 10 days if there are no deductions, or within 30 days with an itemized statement of deductions.
Rent Increases: Provincial Guidelines and Notice Rules
Landlords cannot raise rent whenever they choose. Every province sets rules on notice periods and, in most provinces, caps on how much rent can increase in a given year.
| Province | Notice Required | Rent Control | 2026 Guideline |
|---|---|---|---|
| Ontario | 90 days | Yes (units first occupied before Nov 15, 2018) | 2.5% |
| British Columbia | 3 months | Yes | Set annually by government |
| Alberta | 3 months | No rent control | No cap |
| Quebec | 3–6 months before renewal | Regulated by TAL | Calculated per unit |
| Manitoba | 3 months | Yes | Set annually |
| Nova Scotia | 4 months | Yes (cap introduced 2023) | 5% |
Ontario exemption: Units first occupied for residential purposes after November 15, 2018 are exempt from rent control. A landlord renting a new condo unit can raise rent by any amount with 90 days' written notice — there is no percentage cap.
Quebec process: The TAL publishes annual calculation factors based on operating costs. Landlords must send a rent increase notice between 3 and 6 months before the lease renewal date. Tenants have one month to accept, refuse, or request a TAL hearing to set the rent.
Clauses That Are Void or Unenforceable
Signing a lease does not make every clause in it legal. Provincial residential tenancy legislation overrides any lease term that reduces a tenant's statutory rights — even if the tenant agreed to it in writing.
Common void clauses in Ontario:
| Clause | Why It Is Void |
|---|---|
| "No pets" | Void under s. 14 of the Residential Tenancies Act |
| Damage deposit | Collecting one is illegal; must be returned on demand |
| Waiver of LTB hearing rights | Cannot contract out of statutory rights |
| Tenant pays for landlord's maintenance obligations | Void; landlord's duty to repair is non-waivable |
| Automatic rent increase above the guideline | Void for rent-controlled units |
"No pets" clauses in Ontario: A landlord cannot evict a tenant simply for having a pet. However, a landlord can pursue eviction if the pet causes damage to the unit, disturbs other tenants, or if another tenant has a documented allergy that requires accommodation. The pet's presence is not grounds for eviction — the pet's behaviour can be.
In BC: Clauses that attempt to waive any right under the Residential Tenancy Act are void. A blanket "no subletting under any circumstances" clause is unenforceable — tenants have a statutory right to sublet with the landlord's written consent, which cannot be unreasonably withheld.
In Quebec: A landlord cannot include a clause prohibiting children. Such a clause is void under the Civil Code of Quebec.
Landlord Entry, Quiet Enjoyment, and Maintenance
Tenants have a right to quiet enjoyment — the right to use their unit without interference from the landlord. This is a statutory right in every province, not a contractual one.
Entry rules:
| Province | Notice Required | Exceptions |
|---|---|---|
| Ontario | 24 hours written notice | Emergencies; tenant consent |
| British Columbia | 24 hours written notice | Emergencies; tenant consent |
| Alberta | 24 hours notice | Emergencies |
| Quebec | 24 hours notice | Emergencies |
Repeated unauthorized entry can be grounds for a rent abatement application at the LTB in Ontario. A tenant can also apply for an order prohibiting the landlord from entering without proper notice.
Maintenance obligations: In Ontario, landlords must maintain the unit in a good state of repair, fit for habitation, and compliant with health, safety, and housing standards — regardless of what the lease says. A clause stating "tenant accepts the unit as-is" does not eliminate the landlord's maintenance obligations under s. 20 of the Residential Tenancies Act.
Ending a Tenancy: Notice Periods and Procedures
Both landlords and tenants must follow specific written procedures to end a tenancy. Verbal notice is not sufficient in any province.
Tenant notice to end tenancy:
| Province | Month-to-Month | Fixed-Term |
|---|---|---|
| Ontario | 60 days before rent due date | 60 days before end of term |
| British Columbia | 1 month before end of rental period | Written notice before end of term |
| Alberta | 1 month (monthly tenancy) | Written notice before end of term |
| Quebec | 3 months (yearly lease); 1 month (monthly) | Notice before renewal deadline |
Landlord notice to end tenancy in Ontario:
| Reason | Form | Notice Period | Additional Requirement |
|---|---|---|---|
| Non-payment of rent | N4 | 14 days to pay or vacate | None |
| Landlord's own use | N12 | 60 days | 1 month's rent as compensation |
| Demolition or major renovation | N13 | 120 days | Right of first refusal to return |
| Persistent late payment | N8 | 60 days | None |
After serving notice, a landlord in Ontario cannot change the locks or remove the tenant's belongings. They must file an application with the Landlord and Tenant Board and obtain an eviction order. As of mid-2026, the LTB backlog remains above 50,000 cases, with contested hearings taking 12–18 months to reach a decision.
Subletting and Assignment
Two distinct legal concepts that tenants often confuse — and the difference determines who remains responsible for the rent.
Subletting: The original tenant temporarily transfers the unit to a subtenant while retaining the right to return. The original tenant remains responsible to the landlord for rent and any damage caused by the subtenant.
Assignment: The original tenant permanently transfers the entire tenancy to a new tenant and exits the agreement. The new tenant takes over all rights and obligations.
In Ontario:
- Tenants have the right to sublet or assign with the landlord's written consent.
- Landlords cannot arbitrarily or unreasonably withhold consent.
- If a landlord refuses consent without a valid reason, the tenant can apply to the LTB for permission to proceed.
- A landlord can charge a fee for processing an assignment request — but only actual out-of-pocket costs, not a flat administrative fee.
In BC: Tenants can sublet or assign with the landlord's written consent. The landlord can refuse only on reasonable grounds stated in writing.