Leases are full of terms that sound absolute. Some of them are unenforceable in Ontario, and a clause that contradicts the Residential Tenancies Act is void even though you signed it.
Pets
Section 14 of the Act makes a provision in a tenancy agreement prohibiting pets void. It does not matter that it was in the lease or that you initialled it.
Two things that remain true. A landlord may lawfully decline your application before you are a tenant, which is why "no pets" appears in so many listings. And you can still be evicted for a pet that causes real problems: damage, allergic reaction to another occupant, excessive noise, or a genuinely dangerous animal. The blanket ban is void; the consequences of a specific problem are not.
Condominium declarations are a separate matter and can restrict pets in ways a lease cannot. See Agreements and Legal.
Smoking
Different answer. A no-smoking term in a lease is generally enforceable, because there is no provision in the Act voiding it the way there is for pets. Breaching it can support an N5 for interference or damage, particularly where smoke affects other units.
Smoking cannabis is treated the same way as tobacco for these purposes. Legalisation did not create a right to smoke in a unit where the lease prohibits it.
Guests
A landlord cannot prohibit guests, cannot require notice of them, and cannot charge you for having them.
A clause limiting overnight guests to a set number of nights is generally unenforceable against you.
Where it changes is when a guest stops being a guest. Someone who moves in permanently may make the unit overcrowded under health and safety standards, which is a legitimate ground.
You are responsible for your guests. Damage or serious disturbance caused by a visitor is treated as yours.
Other clauses that are commonly void
- Any deposit beyond first and last month's rent: damage, security, pet, key or cleaning deposits.
- A requirement to provide post-dated cheques or automatic payment.
- A clause requiring you to pay the landlord's legal costs.
- A term purporting to waive your rights under the Act, or to allow entry without proper notice.
- A blanket prohibition on assigning or subletting. A landlord can refuse reasonably, not absolutely.
Tenants may install a window or portable air conditioner after giving written notice, provided the installation is safe and does no damage. Where electricity is included in the rent, the landlord may charge a seasonal amount for it.
Whether a specific clause is enforceable depends on its wording and your circumstances. A community legal clinic will read a lease with you at no cost, and it is worth doing before you sign rather than after.