Before signing a lease month-to-month agreement, it’s important to check several key points to avoid future problems. First, make sure the lease follows Ontario’s Residential Tenancies Act (RTA), which sets rules on notice periods, rent increases, and tenant rights. Clarify the start date and notice requirements for ending the lease to prevent confusion.
All terms should be written down, including rent amount, payment methods, and maintenance duties, to keep things clear. Setting rules about guests, noise, pets, and repairs helps avoid disagreements. Finally, have a plan for renewing or terminating the lease. Reviewing these details carefully can save time and stress later on.
Is the Lease Month-to-Month Agreement Aligned with Ontario’s Residential Tenancies Act?
In Ontario, a month-to-month lease agreement must fully comply with the Residential Tenancies Act (RTA). The lease cannot include clauses that contradict tenant rights or permit practices that are not allowed under the Act.
For example, Ontario law prohibits security deposits, so the lease should not request or mention them. Rent increases are limited to once every 12 months and must follow the provincial rent increase guideline. Notice periods for ending the lease must match the rules set out in the RTA. Tenants are typically required to provide at least 60 days’ written notice before moving out and landlords can only end a tenancy for reasons recognized by the RTA, such as non-payment of rent or needing the unit for personal use. Landlords can only terminate a tenancy for reasons allowed under the Act, such as non-payment of rent or requiring the unit for personal use.
The lease should clearly state that tenant rights under the RTA cannot be waived or limited by any terms in the agreement. If the lease includes a dispute resolution process, it must align with Landlord and Tenant Board procedures.
It’s also important to include all required legal disclosures, such as the landlord’s contact information and the tenant’s right to rent receipts. Finally, make sure the lease reflects any recent changes to the RTA to stay legally compliant and avoid potential disputes. A lease that follows all RTA rules protects both landlords and tenants and reduces the risk of conflicts or unenforceable terms
Are the Lease Start Date and Notice Periods Clearly Defined?
The lease should clearly state the start date to avoid confusion about when the tenant can move in and when rent payments begin, including any partial month. Both the landlord and tenant should understand that rent is due from this date.
The lease must also define the notice period required to end the agreement. In Ontario, tenants are generally required to give at least 60 days’ written notice, and this notice must align with the rent due date. For example, if rent is due on the first of the month, the notice should end on the first to ensure proper timing.
Landlords are also subject to the Residential Tenancies Act. They must have a valid reason for termination, such as needing the unit for personal use or selling the property, and must deliver written notice through mail or email. If notice is served incorrectly or late, the tenancy usually continues until proper notice is given. Month-to-month leases typically renew automatically unless either party provides the required notice.
The lease should outline how notice must be delivered and confirmed. Methods like return receipts or email confirmations help avoid misunderstandings. Without clear terms, improper notice can lead to legal complications or unintended lease extensions. Being specific protects both parties and prevents disputes.
Have You Put All Lease Terms in Writing?
Every important detail in a month-to-month lease should be clearly written down to avoid confusion later. Start by listing all financial terms, including the rent amount, when it’s due each month, and what happens if rent is late, like any fees or penalties. Make sure tenant and landlord responsibilities are spelled out, such as who handles repairs or maintenance, and how tenants should report problems, with expected response times.
Rules about pets, smoking, guests, and noise need to be straightforward and easy to understand to prevent disputes. Also, include any restrictions on changes tenants can make to the unit, like painting walls or installing fixtures. Don’t forget to clarify parking arrangements or access to common areas if those apply. Be clear about which utilities or services are included in rent and which are not.
It’s important to define what happens at the end of the lease regarding security deposits or damage claims. Finally, outline consequences if either party breaks the lease terms and how to resolve disputes. Avoid vague wording; use simple, direct sentences so everyone knows exactly what to expect.
Are Rent Amount and Payment Methods Clearly Stated?
Your month-to-month lease agreement should clearly outline all rent-related terms to avoid confusion and prevent disputes. Start by stating the exact rent amount and the specific due date, like., “Rent is due on the first day of each month.” List acceptable payment methods, such as e-transfer, cheque, or direct deposit, to make it easy for tenants to pay on time.
Include details on late fees, including when they apply and how much, ensuring they comply with Ontario’s Residential Tenancies Act (RTA). If rent is unpaid, explain how bounced payments will be handled and what steps the landlord may take, including potential eviction proceedings under the RTA.
The agreement should also cover how rent increases will be communicated. Landlords must provide 90 days’ written notice, and any increase must follow the province’s annual rent increase guideline. If tenants are responsible for additional charges like utilities or parking, spell that out clearly.
Finally, provide instructions for submitting rent receipts or confirmations. Keeping records transparent protects both parties and helps avoid misunderstandings.
Quick Reference Checklist:
| Item | Details |
| Rent Amount | Clearly state the monthly rent. |
| Payment Methods | List acceptable options (e-transfer, cheque, direct deposit). |
| Due Date | Specify the exact date rent is due each month. |
| Late Fees and Penalties | Explain when they apply and how much, following Ontario law. |
| Rent Increase Notice | Must give 90 days’ written notice for any rent increase. |
| Rent Increase Limits | Confirm increases follow the provincial guideline. |
| Additional Fees | Clarify charges like utilities or parking. |
| Unpaid Payments | Outline how unpaid or bounced payments are handled. |
| Rent Receipts | Provide instructions for submitting receipts or confirmations. |
| Landlord’s Rights | Explain actions allowed under the RTA if rent isn’t paid on time. |
What Are the Rules for Guests, Noise, and Tenant Conduct?
Your month-to-month lease should clearly outline expectations around guests, noise, and behavior to help avoid conflicts. Found Spaces recommends setting limits on overnight guests, such as no more than 14 consecutive days or a certain number of nights per month, to prevent unauthorized long-term stays.
Noise policies, including quiet hours (commonly 10 p.m. to 7 a.m.), should be stated. Make it clear whether parties or gatherings require advance approval to avoid disturbing neighbors.
Include pet policies—whether pets are allowed, and if so, any limits by number, size, or breed. Smoking rules should also be clear, especially if it’s prohibited inside the unit or on the property.
Tenants should know they’re responsible for respecting common spaces and neighbors, and may be held liable for their guests’ actions. Consequences for violating these rules, such as fines or lease termination, should be explained. Found Spaces also encourages including procedures for reporting noise or conduct complaints, along with how they’ll be handled.
Have You Defined Maintenance and Repair Responsibilities?
Clearly defining who handles maintenance and repairs avoids confusion and keeps expectations fair. Landlords typically handle structural issues and major repairs like plumbing or electrical failures. Tenants usually take care of minor upkeep, like changing light bulbs or clearing drains.
Include instructions for reporting maintenance issues and provide emergency contact details. Found Spaces recommends setting response timeframes, such as 48 hours for emergencies and a week for non-urgent issues.
State that tenants must keep the unit clean, avoid damage, and get approval for any modifications. If damage is caused by negligence, the lease should explain how costs are handled. Be sure to clarify responsibilities for outdoor maintenance, like lawn care or snow removal. Landlords must give 24 hours’ written notice before entering the unit for repairs.
Is There a Clear Plan for Lease Renewal or Ending the Agreement?
A month-to-month lease continues automatically unless either party gives written notice, typically 60 days before the next rent due date. The lease should outline how notice must be given by email, mail, or other agreed method.
If the tenant or landlord wants to switch to a fixed-term lease, that option should be included in the agreement. This gives both sides time to plan and confirm updated terms like rent or lease length. Any plans for rent increases should follow Ontario’s guidelines and require 90 days’ written notice. Found Spaces recommends keeping this process transparent to avoid tension or confusion.
Clarify if there are fees for breaking the lease early, and under what conditions they might be waived. Also explain what happens if a tenant stays past the notice period—usually, the lease continues month-to-month unless stated otherwise.
At move-out, outline how security deposits will be handled, including inspection timelines, cleaning expectations, and how and when the deposit will be returned. If eviction or lease termination becomes necessary, procedures must follow the Residential Tenancies Act. Lastly, if the landlord offers future options like rent-to-own programs, mention them in the lease. Found Spaces supports transparency that gives tenants room to grow or plan long-term.
Manage Your Month-to- Month Leases with Ease
Before signing a month-to-month lease in Ontario, it’s essential to get the details right. Make sure the lease follows the Residential Tenancies Act and includes clear terms on rent, notice periods, tenant behavior, maintenance responsibilities, and how to handle renewals or terminations. Putting everything in writing helps prevent disputes and protects both parties.
Managing tenants, handling legal forms, and staying compliant can be time-consuming. That’s where Found Spaces comes in. We support landlords with end-to-end lease management, rent collection, and tenant communications, all while ensuring compliance with Ontario’s rental laws. Whether you’re new to renting or managing multiple units, Found Spaces helps you stay organized, avoid costly mistakes, and build stronger landlord-tenant relationships.
Need help managing your month-to-month leases? Book a call with Found Spaces today and get expert support tailored to your rental property needs. We’re here to make leasing easier and more reliable.
Frequently Asked Questions
1. What should I know about the notice period before ending a month-to-month lease?
You should check how much notice you need to give before you move out, usually it’s 30 days. This helps avoid any unexpected charges or issues when ending your lease.
2. How can I make sure the landlord is responsible for maintenance and repairs?
Look for clear details on who handles repairs and upkeep. It’s important to know which repairs you’re expected to take care of and which the landlord will handle to avoid surprises.
3. Are there any restrictions on using the property I should be aware of?
Yes, see if the lease mentions any limits on how you can use the space, like rules about pets, smoking, or running a business. Knowing this helps prevent breaking the lease unintentionally.
4. What rights do I have if the landlord wants to change the lease agreement?
Find out if the landlord can change terms like rent or rules during the lease. Knowing your rights helps you understand if and how they can adjust the agreement while you’re renting.
5. How can I document the condition of the property before moving in?
It’s a good idea to take photos and make a list of any existing damage or issues when you move in. This protects you from being blamed for problems that were already there when you leave.
