The Ministry of Housing is in the process of developing a Standard Lease Template. According to the Ministry’s web page, “Creating a standard lease template helps tenants and landlords alike, ensuring that both parties know their rights and responsibilities while reducing the number of disputes. ” Once it is finalized, this template will form the basis for most residential tenancy leases.*
The template could greatly assist the process of increasing the supply of smoke-free housing. Specifically, clarifying the legality of no-smoking clauses and the role of “reasonable enjoyment” in enforcing prohibitions on no-smoking clauses that cover all combustible products (e.g. Tobacco, Cannabis, and Shisha) would be most welcome.
On the other hand, if the template does NOT contain clarification about no-smoking clauses, it will make it difficult for property managers to add the clause and harder for tenants to request it.
*The template will not be used in social or supportive housing at this point.
Standard Lease Template Consultation
The Ministry of Housing is consulting to determine what to include in the Standard Lease Template. The public consultation closed on October 13, 2017. Thank you to everyone who participated.
We are engaged with the Ministry of Housing on this issue as they review the public consultation results and hear input from specific stakeholders. We continue to advise them about the necessity of using the Standard Lease Template to advise landlords and tenants that no-smoking clauses are legal and may be enforced by the Landlord and Tenant Board.
If there is another round of public consultation, we will use this space to encourage participation.