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[OP]
Sr. Member
May 22, 2010
624 posts
82 upvotes

Lease Agreements

I know that there is standard lease agreement, but anyone have extra terms & conditions to include when renting out a property (e.g. smoking/pets etc. ) that is already written out and they are willing to share? Please & thanks.
18 replies
Newbie
Jan 11, 2017
91 posts
63 upvotes
Mississauga
Your agent should be able to share this information with you very easily by looking at Schedule A's from other active lease listings, lots of listings have this information written in already. If you're not working with an agent, I'd be happy to share this information with you.
Realtor
Right at Home Realty Inc.
Deal Addict
Mar 20, 2017
1210 posts
958 upvotes
Smoking restrictions are part of standard lease already, no need to create extra rules on additional terms page.
Pets issue is trickier, since standard lease clearly says that pets cannot be prohibited. If anyone has a good solution for pets restrictions in standard lease, please share the approach.
Deal Guru
User avatar
Mar 23, 2008
10287 posts
6547 upvotes
Edmonton
Would any pet clause be enforceable in Ontario anyway?

C
Deal Addict
Mar 20, 2017
1210 posts
958 upvotes
It depends.
I, for example, included the clause that tenants understands and agrees that common areas in the house may be dangerous for pets, since I have places with rat poison, etc. And landlord cannot be forced to provide a safe environment for pets, since that expenses are not included in rent.
Second clause is that any damage from pets, whether smell or physical damage will force tenant to replace the damaged item to new condition, instead of repair.

I don't know whether it will be fully enforceable if any problems occur, but it is still better than nothing.
It literally means that I comply with RTA, not prohibiting pets, but tenant has increased responsibility for damage and sole responsibility over the safety of the pet in non-safe environment.
Jr. Member
Aug 16, 2011
188 posts
53 upvotes
Oakville, ON
Is the property a freehold or is it part of a condominium?

Although the new standard lease form and the tenant act does specifically state pet's cannot be prohibited on any lease if the property is solid and the price is right you should be able to find a renter who does not own a pet without much trouble. If it is part of a condominium the condo's by-laws may have a prohibition on pets. If that is the case you can include an additional clause requiring the tenant to abide by all condo rules.
Registered Real Estate Sales Representative
Deal Guru
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Mar 23, 2008
10287 posts
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Edmonton
lonelybadger wrote: Is the property a freehold or is it part of a condominium?

Although the new standard lease form and the tenant act does specifically state pet's cannot be prohibited on any lease if the property is solid and the price is right you should be able to find a renter who does not own a pet without much trouble. If it is part of a condominium the condo's by-laws may have a prohibition on pets. If that is the case you can include an additional clause requiring the tenant to abide by all condo rules.
But the first case (finding someone without a pet) presumes that a) people are honest about having a pet or not, and b) the tenant doesn't get a pet after moving in.

And you should probably include the clause about abiding by all condo rules in any case, just to try to minimize conflict with the condo board.

C
Member
May 27, 2013
377 posts
26 upvotes
GalvToronto wrote: It depends.
I, for example, included the clause that tenants understands and agrees that common areas in the house may be dangerous for pets, since I have places with rat poison, etc. And landlord cannot be forced to provide a safe environment for pets, since that expenses are not included in rent.
Second clause is that any damage from pets, whether smell or physical damage will force tenant to replace the damaged item to new condition, instead of repair.

I don't know whether it will be fully enforceable if any problems occur, but it is still better than nothing.
It literally means that I comply with RTA, not prohibiting pets, but tenant has increased responsibility for damage and sole responsibility over the safety of the pet in non-safe environment.
Thx
Deal Addict
Jun 11, 2005
2616 posts
300 upvotes
GalvToronto wrote: Smoking restrictions are part of standard lease already, no need to create extra rules on additional terms page.
Pets issue is trickier, since standard lease clearly says that pets cannot be prohibited. If anyone has a good solution for pets restrictions in standard lease, please share the approach.
When I researched the "smoking" issue a year ago, I came across some suggestions that there may be uncertainty as to whether "smoking" includes the use of pot, etc.

Anyway, if relevant, it is probably better to be sure than sorry.
Deal Addict
Mar 20, 2017
1210 posts
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mudd_stuffin wrote: When I researched the "smoking" issue a year ago, I came across some suggestions that there may be uncertainty as to whether "smoking" includes the use of pot, etc.

Anyway, if relevant, it is probably better to be sure than sorry.
For sure it includes, noone cares if its a tobacco or something else.
The main concern is fire safety, not how you feel after smoking.

The issues landlords recently had is about growing some stuff, not smoking inside.
Sr. Member
User avatar
Feb 25, 2018
533 posts
189 upvotes
If you are in Ontario there is a standard lease now. Nothing you can do about it.

You should mention it in the ad no smoking and no pets. Meet the tenants in the evening and do a sniff test.
Deal Addict
Jun 11, 2005
2616 posts
300 upvotes
GalvToronto wrote: For sure it includes, noone cares if its a tobacco or something else.
The main concern is fire safety, not how you feel after smoking.

The issues landlords recently had is about growing some stuff, not smoking inside.
You cannot be more wrong if this article is correct: http://www.cbc.ca/news/canada/toronto/o ... -1.4499579.

It is potentially costly to remove pot smoke from a home. In a multiple unit situation, a neighbouring tenancy can be terminated if the smoking tenant smokes so much that it causes the neighbouring tenant to have to put up with a lot of second hand smoke resulting in substantial interference in the enjoyment of the neighbouring home.
Deal Addict
Mar 20, 2017
1210 posts
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mudd_stuffin wrote: You cannot be more wrong if this article is correct: http://www.cbc.ca/news/canada/toronto/o ... -1.4499579.

It is potentially costly to remove pot smoke from a home. In a multiple unit situation, a neighbouring tenancy can be terminated if the smoking tenant smokes so much that it causes the neighbouring tenant to have to put up with a lot of second hand smoke resulting in substantial interference in the enjoyment of the neighbouring home.
I cannot be more correct. Just start reading carefully articles.
Medical marijuana use will be permitted anywhere that cigarette smoking is allowed, the legislation says.
Landlords will be able to spell out a ban on smoking marijuana in rental units for new leases post-legalization — the same as they do for tobacco use — but the province's tenancy laws make it illegal to change a lease before it ends.
Landlords have the right to include stipulations banning tobacco smoke when drafting a lease but if they do not, a tenant can smoke in their own unit. Those rules will likely apply to marijuana when it is legalized, the government says.
Everything confirms what I said. Does not matter what substance you are smoking, if smoking is prohibited by landlords, then you cannot smoke anything.
Government is not granting any special status to pot smoking. The best thing government can do for junkies is to make it equal to smoke tobacco or pot in the eyes of law.
Member
Jan 6, 2012
259 posts
77 upvotes
Hi, i dont know anything about marijuana...someone in my neighborhood has a plant on their porch, and i dont know if it is marijuana or not. I am worried for my children if they walk near this house:
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Deal Addict
Jun 11, 2005
2616 posts
300 upvotes
GalvToronto wrote: I cannot be more correct. Just start reading carefully articles.





Everything confirms what I said. Does not matter what substance you are smoking, if smoking is prohibited by landlords, then you cannot smoke anything.
Government is not granting any special status to pot smoking. The best thing government can do for junkies is to make it equal to smoke tobacco or pot in the eyes of law.
You misread what I was referring to.

You said "The issues landlords recently had is about growing some stuff, not smoking inside." This is where you cannot be more incorrect.

According to the article I provided, landlords do have issues with tenants smoking inside.

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