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📁 Case #002: Tenant Issued Non-Compliant Lease Form

Category: Tenant Rights


Region: Peel Region


Date of Incident: May 2024


Status: 🟢 Corrected After Complaint


 

Summary

🧾 Summary

A prospective tenant was given a residential lease agreement by a real estate agent using an outdated third-party form, created by a real estate organization. The lease presented was lengthy and professional-looking but lacked multiple elements required under Ontario law.

The tenant noticed the absence of clauses relating to assignment rights, dispute resolution, and maintenance obligations. Upon comparison with the official Ontario Standard Lease, it became clear the lease did not comply with the Residential Tenancies Act.

The tenant raised the issue directly with the landlord, who was unaware that the form provided by the agent was incorrect. The landlord later replaced the document with the government-issued standard lease, and the agreement was re-signed accordingly.

⚠️ Key Issues

  • Non-compliant lease presented by a licensed agent

  • Omission of mandatory tenant protections

  • Use of a real estate industry form instead of the required provincial lease

  • No explanation of tenant rights provided

📎 Supporting Documentation

  • Copy of the OREA lease form

  • Email exchange between tenant and landlord

  • Link to official government lease used in correction

⚖️ Legal Concerns

Since 2018, all residential landlords in Ontario must use the Ontario Standard Lease. Third-party forms — including those created by industry organizations — are not compliant on their own. Use of these documents can mislead tenants and may result in disputes that favor the landlord due to lack of transparency.

🔍 Current Status

  • Lease corrected with no legal action filed

  • Tenant declined to escalate to LTB or RECO

  • Case retained as a documented example of widespread misuse of forms

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