Condominium Lease Agreement (Canada)
CONDOMINIUM LEASE AGREEMENT
This Condominium Lease Agreement (the "Agreement") is entered into on [Agreement Date] (the "Effective Date") by and between:
[Landlord Name], [Landlord Type] having an address at [Landlord Address], [Landlord City], [Landlord Province] [Landlord Postal Code], email: [Landlord Email], phone: [Landlord Phone] (the "Landlord"), and
[Tenant Name], having an address at [Tenant Address], [Tenant City], [Tenant Province] [Tenant Postal Code], email: [Tenant Email], phone: [Tenant Phone] (the "Tenant"), collectively referred to as the "Parties" and individually as the "Party".
WHEREAS the Landlord is the registered owner or authorized representative of a condominium unit and wishes to lease the unit to the Tenant for residential purposes under the terms and conditions set forth herein;
WHEREAS the Tenant desires to rent the condominium unit and agrees to comply with all applicable condominium corporation rules, by-laws, and declarations;
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. PREMISES. The Landlord agrees to lease to the Tenant [Unit Number], located at [Property Address], [Property City], [Property Province] [Property Postal Code], within the condominium corporation known as [Condo Corp Name] (the "Premises"). The approximate area of the unit is [Unit Area]. The unit is [Is Furnished]. Furnishing details: [Furnishing Details].
2. SUBLETTING. The Tenant [Subletting Allowed] sublet the Premises. Any subletting arrangement must comply with the condominium corporation's rules and applicable provincial legislation.
3. LEASE TERM. The lease term begins on [Lease Start Date] (the "Start Date") and ends on [Lease End Date] (the "End Date"), for a duration of [Lease Duration]. Upon expiry of the fixed term, the tenancy shall continue on a month-to-month basis in accordance with applicable provincial legislation, unless terminated by either Party with proper notice.
4. RENT. The monthly rent is $[Monthly Rent] CAD, due on the [Rent Due Day] of each month. Rent shall be paid by [Rent Payment Method] and made payable to [Rent Payee Name].
5. SECURITY DEPOSIT. The Tenant shall pay a [Deposit Type] in the amount of $[Deposit Amount] CAD, due on or before [Deposit Due Date]. The deposit shall be held and returned in accordance with the applicable provincial residential tenancy legislation. In Ontario, the Landlord must pay interest on the last month's rent deposit at the rate prescribed annually. In BC, the deposit must be returned within 15 days of the tenancy ending.
6. UTILITIES. The following utilities are included in the rent: [Utilities Included]. The Tenant is responsible for paying the following utilities directly: [Tenant Utilities].
7. MAINTENANCE AND REPAIRS. The Landlord shall maintain the Premises in a good state of repair and fit for habitation as required by provincial law. The Tenant shall keep the unit clean and promptly report any needed repairs to the Landlord. The Tenant shall not make any alterations or improvements without the Landlord's prior written consent.
8. LANDLORD'S RIGHT OF ENTRY. The Landlord may enter the Premises only in accordance with provincial legislation. In Ontario, the Landlord must provide 24 hours' written notice (RTA s. 25-27) except in emergencies. In BC, the Landlord must provide 24 hours' notice for inspections and 30 days' notice for showings to prospective tenants.
9. TERMINATION. Either Party may terminate this Agreement by providing [Termination Notice Days] days' written notice in accordance with applicable provincial legislation. The notice period specified herein must meet or exceed the statutory minimum. Upon termination, the Tenant shall vacate the Premises, return all keys and access devices, and leave the unit in the same condition as received, subject to normal wear and tear.
10. INSURANCE. The Landlord shall maintain insurance on the condominium unit structure through the condominium corporation's master policy. The Tenant is strongly encouraged to obtain tenant's insurance covering personal belongings, personal liability, and additional living expenses. The Landlord is not liable for loss or damage to the Tenant's personal property.
11. GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the residential tenancy legislation of the Province of [Governing Province] and the applicable condominium legislation of that province. Any disputes arising from this Agreement shall be resolved through the appropriate provincial dispute resolution body (e.g., Ontario's Landlord and Tenant Board, BC's Residential Tenancy Branch).
12. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the Parties with respect to the lease of the Premises and supersedes all prior negotiations, representations, and agreements. This Agreement may be amended only by a written instrument signed by both Parties.
13. SEVERABILITY. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
LANDLORD: [Landlord Name] _________________________ (Signature) Date: _______________
TENANT: [Tenant Name] _________________________ (Signature) Date: _______________
Landlord
________________
Signature
Date: ________________
Tenant
________________
Signature
Date: ________________
What Is a Condominium Lease Agreement (Canada)?
A Condominium Lease Agreement in Canada sets the rent, term, and maintenance and notice obligations between landlord and tenant, governed primarily by provincial residential tenancies legislation.
In Ontario, leasing a condominium unit is governed by both the Residential Tenancies Act, 2006 (S.O. 2006, c. 17) and the Condominium Act, 1998 (S.O. 1998, c. 19). Under the Condominium Act, s. 119 makes the corporation's rules binding on all owners, tenants, and occupants. The unit owner-landlord must confirm that the tenant receives a copy of the condominium's declaration, by-laws, and rules. The RTA provides tenant protections including restrictions on security deposits (only a last month's rent deposit is permitted under s. 105), void no-pet clauses (s. 14), and automatic conversion of fixed-term leases to month-to-month (s. 38).
In British Columbia, condominium units are called strata lots and are governed by the Strata Property Act (S.B.C. 1998, c. 43). Strata corporations can pass bylaws that restrict or regulate tenant behaviour, including pet policies, noise regulations, and rental restrictions. The Residential Tenancy Act (R.S.B.C. 2002, c. 78) governs the landlord-tenant relationship, allowing security deposits of up to half a month's rent and pet damage deposits of up to half a month's rent.
In Alberta, the Condominium Property Act (R.S.A. 2000, c. C-22) governs condominium corporations, while the Residential Tenancies Act (S.A. 2004, c. R-17.1) governs the rental relationship. Alberta permits security deposits of up to one month's rent. Condominium bylaws may impose additional restrictions on tenants that go beyond the residential tenancy legislation.
Quebec condominiums (divided co-ownership) are governed by the Civil Code of Quebec (articles 1038-1109), and the Tribunal administratif du logement handles tenant disputes. Quebec prohibits security deposits entirely, and the condominium declaration and by-laws are binding on all occupants. Each province and territory has its own condominium and tenancy legislation with specific rules regarding deposits, notice periods, rent increases, and tenant protections that must be reflected in the lease agreement.
The legal framework governing the Condominium Lease Agreement (Canada) in Canada draws on several key statutes and regulatory bodies. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Parties executing a Condominium Lease Agreement (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Provincial Real Property Acts sets the foundational requirements.
When Do You Need a Condominium Lease Agreement (Canada)?
When a condominium unit owner in Canada decides to rent out their unit to a tenant for residential purposes. The condominium lease agreement must address not only the standard landlord-tenant terms but also the additional obligations arising from the condominium corporation's governance structure, including compliance with by-laws, rules about common areas, parking, pets, noise, and modifications to the unit.
When the unit owner needs to confirm the tenant understands their obligation to comply with the condominium corporation's rules and by-laws. Under Ontario's Condominium Act, 1998 (s. 119), the rules of the corporation bind all occupants, and the owner remains liable for tenant violations. A well-drafted lease clearly allocates responsibility for fines and enforcement actions resulting from by-law breaches.
When renting a condominium unit in a province that has rental restrictions in the condominium declaration. Some condominium corporations in BC and Alberta restrict the number of units that can be rented or require board approval before leasing. The lease agreement should confirm that the landlord has complied with all pre-leasing requirements of the corporation.
When the unit includes amenities specific to condominium living such as assigned parking spaces, storage lockers, building amenities like gyms or pools, and common areas that the tenant will have access to. The lease should clearly specify which amenities are included and any additional fees associated with them.
When a property management company or the unit owner needs a thorough document that covers condo-specific issues such as maintenance fee responsibility, insurance requirements (distinguishing between the corporation's master policy, the owner's unit insurance, and the tenant's contents insurance), and the process for requesting modifications or repairs that may involve the condominium corporation.
Parties in Canada should prepare a Condominium Lease Agreement (Canada) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Condominium Lease Agreement (Canada)
Condominium Unit Description and Corporation Details -- The agreement must identify the unit number, building address, and the condominium corporation or strata plan by name or registration number. This ties the lease to the specific governance structure and confirms the tenant can access the applicable rules and by-laws. The description should include the approximate unit area, number of bedrooms, and whether the unit is furnished.
Condominium Rules Compliance -- A critical clause requiring the tenant to comply with all condominium corporation rules, by-laws, and declarations. Under Ontario's Condominium Act, 1998 (s. 119), these rules are binding on occupants. The lease should state that any fines levied against the owner due to tenant violations will be the tenant's responsibility. The landlord should provide the tenant with a copy of current rules at the start of the tenancy.
Rent and Payment Terms -- The monthly rent in Canadian dollars, the due date, the accepted payment method (Interac e-Transfer, cheque, pre-authorized debit, cash, or bank draft), and the payee name. Ontario landlords cannot require post-dated cheques or automatic payments as a condition of tenancy (RTA s. 108). The lease should also address whether condo maintenance fees or any portion thereof are included in or additional to the rent.
Security Deposit -- The type and amount of deposit must comply with provincial law. Ontario permits only a last month's rent deposit with annual interest (RTA s. 105-106). BC allows a security deposit of up to half a month's rent plus a pet damage deposit (RTA s. 18-19). Alberta allows up to one month's rent. Quebec prohibits all deposits. The lease must clearly state the deposit terms and return conditions.
Parking and Storage -- Whether the lease includes a designated parking space and storage locker, their identification numbers, and any additional monthly fees. Condominium parking and storage are often separate from the unit and may be subject to specific corporation rules regarding vehicle types, hours of access, and prohibited storage items.
Pet Policy -- The permitted pets, any breed or size restrictions imposed by the condominium corporation's by-laws, and any applicable pet damage deposit. While Ontario's RTA (s. 14) voids no-pet clauses in leases, the condominium corporation's declaration may still restrict pets under the Condominium Act (s. 58). BC strata corporations can similarly restrict pets through bylaws.
Governing Province and Dispute Resolution -- The specific province whose residential tenancy and condominium legislation applies. Disputes may be resolved through the Landlord and Tenant Board (Ontario), Residential Tenancy Branch (BC), or the appropriate provincial body. Condominium-specific disputes involving by-law enforcement may also involve the condominium corporation's internal dispute resolution process or the courts.
Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. The forms-legal.com Condominium Lease Agreement (Canada) template covers the mandatory elements under Provincial Real Property Acts.
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year = {2026},
howpublished = {\url{https://forms-legal.com/canada/real-estate/leases/lease-agreement-condo-canada}},
note = {Free legal document template. Based on Provincial Real Property Acts}
}Also available for these jurisdictions:
Frequently Asked Questions
When leasing a condominium in Canada, the tenant must comply with both provincial residential tenancy legislation and the condominium corporation's rules, by-laws, and declaration. In Ontario, the Condominium Act, 1998 (S.O. 1998, c. 19) requires that occupants follow the corporation's rules under s. 119. The landlord-owner remains responsible to the corporation for any violations by the tenant. Additionally, provincial tenancy laws such as the Ontario RTA, BC RTA, and Alberta RTA still fully apply to the landlord-tenant relationship. Under Canada law, Provincial Real Property Acts, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Yes, condominium corporations can impose pet restrictions through their by-laws and declarations, even in Ontario where the RTA makes no-pet clauses in leases void under s. 14. The Condominium Act, 1998 (s. 58) allows corporations to pass rules restricting pets. If the condo's declaration prohibits pets, this restriction is binding on both owners and tenants. In BC, strata corporations can similarly pass bylaws restricting or prohibiting pets under the Strata Property Act (S.B.C. 1998, c. 43). Under Canada law, Provincial Real Property Acts, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
The unit owner (landlord) remains responsible for paying condominium maintenance fees (common expenses) to the condominium corporation, regardless of whether the unit is leased. Under the Ontario Condominium Act, 1998 (s. 84), common expenses are the obligation of the unit owner. However, the lease agreement may specify that the tenant reimburses the landlord for all or part of the maintenance fees as an additional charge, though this must be clearly stated in the lease and cannot circumvent rent increase guidelines in rent-controlled jurisdictions. Under Canada law, Provincial Real Property Acts, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
If a tenant violates condominium by-laws, the corporation may take enforcement action against the unit owner under the Condominium Act, 1998 (s. 119, 134). The owner-landlord can then seek to recover any fines or costs from the tenant under the lease agreement. In serious cases involving interference with the reasonable enjoyment of other occupants, the landlord may apply to the Landlord and Tenant Board for eviction under RTA s. 64-67. In BC, strata corporations can fine owners for tenant bylaw violations under the Strata Property Act. Under Canada law, Provincial Real Property Acts, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
A Condominium Lease Agreement (Canada) does not legally require a lawyer in Canada, and individuals and businesses may draft and execute the document independently. The Provincial Real Property Acts does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Canada lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Canada has jurisdiction over disputes arising from this type of document, and Corporations Canada may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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