Create a Canadian Condominium Lease Agreement compliant with provincial residential tenancy and condominium legislation. Covers rent, deposit, condo rules, parking, pets, utilities, maintenance, and termination with references to provincial laws including the Ontario RTA and Condominium Act.
What Is a Condominium Lease Agreement (Canada)?
A Canadian Condominium Lease Agreement is a legally binding contract between a condominium unit owner (the landlord) and a tenant that establishes the terms and conditions for renting a condominium unit for residential purposes. This type of lease is unique because it involves a dual layer of legal obligations: the provincial residential tenancy legislation that governs the landlord-tenant relationship, and the condominium corporation's rules, by-laws, and declaration that bind all occupants of the building.
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 ensure 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.
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 ensure 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 comprehensive 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.
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 ensures 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.
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