Some Clauses in Your Lease May be Illegal

Even something written into a lease isn't necessarily legal. In fact, some clauses in your lease may be downright illegal, according to Mark Weisleder, a Toronto real estate lawyer, in a recent Moneyville article.

If you're a renter in Ontario, here are a few examples of what to look out for. If you live in another region, be sure to check with your local authorities, as rules differ from province to province.



Asking For More Than First and Last Month's Rent

Weisleder knows of cases where the tenants have been asked to pay as much as one year's rent in advance but asking for anything more than first and last month's rent is not legal. If this has happened to you, he advises that you go to the Landlord and Tenant Board and ask for the return of any extra paid. Your landlord has no right to evict for for doing that.

Asking For Security Deposits

Apparently, a landlord can not ask for an extra month's rent to be applied as a deposit against any damages or for the rental of furniture. And you can't be asked to pay the first $100 of any repair bill. Repairs are the sole responsibility of the landlord.

Asking For Postdated Checks

A landlord can give you a discount for paying your rent on time but she can't insist that you give her postdated checks. If you agree to provide postdated checks, that's different, but it's not something the law says you have to do.

Asking You to Cut Grass or Shovel Snow

According to the law, these chores are the landlord's responsibility and you can't be expected to undertake them unless you make an agreement with the landlord to be paid for the work.

No Smoking Clause

A tenant can't be evicted for smoking unless it can be proven that the smoke is bothering other tenants or damaging the apartment.

No Pets Clause

Unless it can be proven that your pet is dangerous, damaging the property or bothering other tenants, you can't be evicted for having your dog or cat in a rental unit.


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RELATED LINKS
Renting vs. Buying: What's the Best Option for You?
Rent-to-Own: An Alternative Path to Home Ownership
A Guide to Shopping For Rental Property


Marlene Alexander is a freelance writer and Dollar Store Diva. She writes tips and ideas for finding and using the best the dollar store has to offer.