Lease conditions in ontario

[Reece C.]

I am wondering if it is legal in ontario to include a clause stating the tenant pay legal fees if eviction was to occur.

I am getting mixed messages on this topic saying if their income is too low it would be on the landlord to pay for cost either way.

If you know anything about this could you please inform me ? I AMA a new landlord and want to make sure I am covering my bases.

[Thomas S.]

You may not include anything in your lease that contradicts or is not supported by the RTA. The LTB under most circumstances will not support tenants having to pay landlords legal fees. The board may order the tenant to pay some landlord costs where the tenant has abused the process. There is no need to include this in your lease as it is a request that is made at the board hearing itself. Bottom line is that the RTA and LTB rule and anything you put in your lease that is not covered in the act will not be supported by the Board.

If you do a search under "LTB costs" you will find a explanation of how the board operates in regards to landlords costs.

Best you can hope for is to have your tenant pay for the filing fee of $190.

It is essential that landlords in Ontario thoroughly study the RTA and LTB web sites and in addition attend LTB hearing to get a full understanding of the process. 

Do a search on CanLII Ontario Landlord Tennat Board  to access past board rulings.