Archive for the ‘Ontario standard lease’ Category

Ontario Standard Form of Lease – Top 100 Clauses You Need To Add

Tuesday, May 1st, 2018

Ontario Standard Lease

Protect Your Rental Business By Adding The Top 100 Key Clauses to the Ontario Standard Lease Recommended by Experienced & Success Ontario Landlords & Property Managers. This is “VITAL” for Ontario Landlords!

We wrote before about the fact that as of April 30th, 2018 Ontario Landlords have to use a government created “Ontario Standard Lease” when you rent to new tenants. The Ontario government created a new lease that landlords much use after tenant activists accused landlords of using illegal clauses in leases and creating a “wild west” environment.

You can download the Ontario Standard Lease here

Experienced and Successful Landlords And Property Managers Agree ‘The Standard Lease Doesn’t Protect Us’

The Ontario Standard Lease tries to please everyone but in reality puts small Ontario landlords at risk for big problems and huge financial losses. Actually, it is a very dangerous document. Some tenants activists are calling it a “Renter’s Dream“. Many experienced Ontario landlords are calling it a Landlord’s Nightmare.

Why Is the Ontario Standard Lease Dangerous for Landlords?

It only requires the most basic information from tenants and the majority of the information in the document is about “tenant rights” and how tenants can protect themselves.  But the cupboard is bare when it comes for protections for landlords. This lack of required information leaves landlords wide-open to lots of problems during and after a tenancy. So while the premier says it will cut down on landlord and tenant disputes it will do the opposite. This is what happens when people who have good motives don’t have any experience and cause more harm than good!

So How Can Landlords Protect Ourselves? 

Let’s face it, the government is all about “protecting tenants” and not worried about us “rich” landlords and property investors. Yes, they view us small landlords this way.  We know we are just trying to invest for our retirement, we face huge cost increases for things like insurance, water, and power and most of us are trying to cover our mortgages every month.

You need to ACT to protect your rental business in this extreme “anti-landlord” environment….and here is how.

The “Additional Terms” Part of the Standard Lease (Go to Part 15, Page 6)

In this section you and your tenant are allowed to agree on things in an “attached form”.

Ontario Landlords Association members lobbied hard to include this in the Ontario Standard Lease. 

And some tenant activists are very unhappy about the fact we got this included to help Ontario Landlords.

What About Landlords Who Include Illegal Clauses?

The reality of the situation is smart landlords will avoid illegal terms such as requiring the tenant to pay for all repairs for the rental. It’s silly to even think about adding them as good tenants will not want to rent from you or you will simply lose any change at the LTB. 

It is important for new landlords to understand you cannot add clauses that do not follow the Residential Tenancies Act. 

For example, you cannot add things to the lease such as: 

a) Demand a damage deposit

b) Financial penalties on late rent

c) Controlling who can visit the rental and who can’t

d) Forcing tenants to move out on a certain date

e) Making tenants responsible for maintenance repairs 

Experienced and Successful Landlords and Property Managers Understand the Art of Successful Tenancies

Listen to the advice of experienced and successful landlords and pro landlords.  We have been “in the trenches” and know “what works in reality.” We are actually in the “renting to tenants business” and have a “stake in being successful with our tenants.

Non-landlords with no experience might tell you to put in a billion clauses in the lease because they aren’t aware if you do that as a landlord you will turn off potential tenants. Good tenants have lots of choices and you don’t want to turn them away.

Experienced and successful Ontario landlords know you need a balance:

1. Protect Your Rental Business

Take the additional clauses you can put in super seriously because if you don’t you are not protected 

2. Don’t Scare Off Good Tenants

Non-landlords like to lecture us and act as ‘experts’ but are unaware of the realities we face. Good tenants are often scared off by landlords with 30 page leases and simply won’t rent from you if you demand this.  So only add the “most vital clauses” that protect you and don’t scare good tenant applicants.

3. Prepare For Potential Problems

These vital clauses will prepare you for any future problems.

4. Protect Yourself From Tenant vs.Tenant Fights

If you own a multi-unit property you need to add vital clauses to make things clear and avoid future issues.

5. Get Ready In Case You Have to Go To Small Claims Court

When tenants move out and left damages or owed rent you will have to go to Ontario Small Claims Court

Many OLA members have been to Small Claims Court and they say Judges want to see things clearly spelled out in your lease (if you want to win and not lose)

Ontario landlords standard lease top 100 clauses

Add the “Vital” Clauses to Protect Your Rental Business, While Also Don’t Scare Good Tenants

We’ve been in the trenches and know what works and what doesn’t. Just adding a ton of clauses will turn off potential good tenants and you need to focus on VITAL ADDITIONAL CLAUSES and not just the ‘everything and the kitchen sink’ that non-landlords will try to market to you.

For example, learn how you can be proactive to deal with potential issues. 

Ontario landlords standard lease book

GET THE TOP 100 CLAUSES YOU NEED TO PROTECT YOURSELF WITH THE ONTARIO STANDARD LEASE

1. Smoking

This is a huge issue, especially with marijuana legalization coming. How can your protect your rental property. Get the clauses you need!

2. Fire Safety

What about smoke alarms and carbon monoxide detectors? ? What about other fire safety issues? You need to make the rules CLEAR in your lease to avoid seriously problems later on.

3. Tenant vs. Tenant Problems

Experienced landlords say if you own a multiplex on of the biggest problems is tenants fighting other tenants in the rental. Make sure you protect yourself and make things crystal clear from Day 1!

4. N.S. Fees

Tenants need to know the rules you have set for your rental property.

5. Appliances

This is vital as you need to make things clear and avoid problems with the Landlord and Tenant Board.

6. Move Out Procedures

So what happens when the tenants leave?  You need to be careful to avoid tenants who leave behind huge damages and a big mess. 

7. Pets

While a no pets clause are not enforceable you need to spell out the rules for pet owning tenants.

8. Insurance

Another huge issue regarding liability.  Protect yourself with vital clauses to your lease.

9. Laundry

If you provide laundry you need to make the rules clear.  If the laundry is shared it becomes even more important to lay down the rules!

10. Parking

Experienced and successful landlords know that if you don’t deal with the parking issue right off the bat it can become a huge headache.  So add these clauses to avoid problems and have a successful rental business. 

11. Lots More

And there are lots more. Remember, these are clauses that are important, yet make sense and won’t scare away your good tenants…

Get our CD (and written documents) On Important Clauses For Only a Low One Time Fee

Join a huge community or real Ontario landlords who are working hard to share ideas, tips, advice, and network to help all of us succeed. Yes, for only a one time registration fee. One time, not annual. 

Join our  Huge Community at the Ontario Landlords Association!

We are working hard to help you succeed.  We are all small landlords just like you!  We’ve been in the trenches and succeed and we are on your side! 

The Ontario Standard Lease is not only inadequate…it’s dangerous!  Network with pros who are actually landlords and share tips and strategies on how to protect your rental business.  Add 100 Key Clauses To the Ontario Standard Lease to Protect Your Rental Property and Your Investment!

Ontario’s New Standard Lease (And How Smart Landlords Can Succeed Using It)

Thursday, February 8th, 2018

Ontario Landlords Association Advocacy Credibility

Ontario Has A New Standard Lease Which Will Be Used Beginning April 30th. Experienced and Successful Landlords Say That You Can Still Put In Important (and legal) Clauses To Protect You and Your Rental Property 

What happens when a tenant wants to rent from an Ontario residential landlord? Both the landlord and the tenant agree to create a business relationship by signing a residential tenancy agreement.  This is also called a lease and is signed by both sides.

According a report on CBC news the Ministry of Housing has now created a new mandatory document for landlords and tenants to sign to begin this business relationship. You can download the new Ontario Landlord Standard Lease here.

Standard Lease For Ontario Landlords

The new standard lease will be required to be used by landlords and tenants beginning April 30, 2018.  According to some tenant activists Ontario tenants have been demanding this since 2012. Furthermore these activists state this will be an excellent improvement on the current situation to protect tenants from bad landlords.

Are Landlords Bad and Always Trying To Rip Off Tenants As Some Tenant Activists Believe?

According to some tenant activists, landlords write lots of “illegal clauses” into leases to trick poor unsuspecting tenants into traps. They says it’s like a bad cheesy John Wayne western movie, or the “Wild West”, out there with few controls on what landlords can do. The radical activists also state “almost every lease in Ontario you could find something illegal” and they receive daily calls from frightened and scared tenants about these clauses.

OLA Members Disagree. The Reality is Most Landlords Just Want To Find Good Tenants For A Win-Win Situation

First of all many landlords use OLA documents which do not have any illegal clauses. What we have are carefully thought out (legal) clauses which protect both the landlord and the tenants.

For years our members have complained about the poorly written OREA lease document that many new landlords and Realtors use. It’s a document that is inadequate and doesn’t protect landlords properly (especially if you go to Small Claims Court which many of our members have done).

Successful Ontario Landlords Know Good Lease Clauses Are Helpful for Both Landlords and Tenants

While the tenant activists want to label anyone renting out their property as inherently evil it’s not true.  Experienced and successful Ontario landlords know that creating smart, legal lease clauses is a key part of their success.

By creating a comprehensive lease, both the landlord and tenant can avoid potential confusion and conflict by making rules clear prior to the tenancy beginning.

For example one long term landlord wrote on the Ontario Landlords Association forum:

“I own a lot of duplexes. Two of the biggest problems I used to face was use of the shared laundry room and use of the yard.

When I first started I didn’t make the usage clear using the real estate agent lease. i used the OREA lease. It was constant tenant vs. tenant conflict. Both sides kept complaining to me. They both wanted me to be “on their side” and evict the other tenants.

When I joined the Ontario Landlords Association I was taught that it was important to go beyond just “how much is the rent” and “who is the landlord/who is the tenant”. I added in information to my tenants about what their laundry privileges were (times and dates for each parties usage) and what part of the yard each side got.

Since I did this the amount of tenant vs. tenant conflict has vanished. 

In 2010 I was even thinking of selling!  Now my rental business is smooth and it’s scary even thinking I almost bailed as now my cash flow is good and my properties have appreciated greatly! Fellow landlords at the OLA saved my rental business.”

The Standard Lease Distracts From The Real Issues To Help Landlords and Tenants: Changes Are Needed in the Residential Tenancies Act and the Landlord and Tenant Board

Creating a standardized lease sounds good. It sounds fair. And in fact most OLA members don’t mind it (and we contributed ideas to the Ministry as you will read about soon).

However the real key to improve the Ontario rental industry is not a new lease template. The real key is to fix the Residential Tenancies Act and the Landlord and Tenant Board.”

Let’s look at a couple things that need to change.

Ontario Landlords Need To Be Able To Charge A Damage Deposit

Ottawa landlords bad tenants 2018 4

When tenants pay a damage deposit they have ‘skin in the game’. This means they will be careful in the property and report any problems quickly to the landlord. With no damage deposit landlords regularly face garbage left behind, dirty properties and worse. This also cause problems with new tenants moving in. They move in and see garbage left around, fridges full of food and worse.

The Landlord and Tenant Board Must Speed Up the Process for Evictions

ola delay

Even evictions for what should be simple things can take months and months at the Landlord and Tenant Board.

And many OLA members complain about some adjudicators and Tenant Duty Counsel acting disrespectfully and even rude towards small landlords (especially those who can’t afford legal representation and have to represent themselves).

Important News: Ontario Landlords Can Still Add In Clauses in the Standard Lease!

Thousands of Ontario landlords wrote in to us when we asked for ideas when the Ministry was create the standard lease.

One of the most important points we pressed for was allowing landlords and tenants to add “clauses” to the new standard lease…and we got it!

This is really key for landlords, new and experienced alike, from Toronto to Ottawa to Thunder bay to Windsor and every where in between.

ola success

The “Additional Terms” Part of the Standard Lease (Go to Part 15, Page 6)

In this section you and your tenant are allowed to agree on things in an “attached form”. 

Of course smart landlords will avoid illegal terms such as requiring the tenant to pay for all repairs for the rental. It’s silly to even thing about adding them as good tenants will not want to rent from you.  However you can add some important clauses to protect you and your rental business (and protect your tenants too!)

Ontario Standard Lease And Additional Terms

We need to improve the Ontario rental industry to help both good landlords and good tenants. The standard lease doesn’t do this. We need real reforms to the Residential Tenancies Act and the Landlord and Tenant Board.

Smart landlords will make sure they use Part 15, Page 6 “Additional Terms” in the Ontario standard lease to protect your rental properties and your tenants.