No written lease? You still have full rights.
A handshake tenancy is a real tenancy in Ontario, with all the protections of the law — including protection from eviction. And your landlord has to give you the official standard lease. Here's what you're owed.
Free. No payment to start. This is information, not legal advice.
In 30 seconds, here's what's true
- A verbal or handshake tenancy is fully legal in Ontario. You have all the same rights as someone with a written lease — including protection from eviction.
- For most tenancies, your landlord must use the government's official standard lease form and give you a signed copy within 21 days.
- If you ask in writing and your landlord doesn't give you the standard lease within 21 days, you can withhold one month's rent.
- Illegal lease terms are void even if you signed them. A 'no pets' clause, for example, can't be enforced under Ontario law.
- A landlord can only collect a last month's rent deposit and a key deposit. Damage deposits, security deposits, and pet deposits are illegal.
The steps your landlord must follow
Know your tenancy is real
You don't need anything in writing to be a tenant. A verbal agreement gives you the full protection of Ontario's rental law, including the right not to be evicted without proper process.
Ask for the standard lease in writing
Most landlords must use the official standard lease. Request it in writing. They have 21 days to give you a signed copy.
Withhold a month's rent if they refuse
If your landlord doesn't provide the standard lease within 21 days of your written request, you can withhold one month's rent. If they still don't provide it, you may not have to repay it.
Watch for illegal terms and deposits
Ignore void terms like 'no pets' clauses. And know your landlord can only take a last month's rent deposit and a key deposit — not a damage or security deposit.
Get a rent receipt and keep records
You have the right to a free rent receipt on request. Keep records of what you pay. Start a free PLAIN session if your landlord isn't following the rules.
What to do next
- Know a verbal tenancy gives you full rights.
- Ask for the official standard lease in writing.
- Give the landlord 21 days to provide it.
- Withhold one month's rent if they don't.
- Ignore illegal terms like 'no pets' clauses.
- Refuse any illegal damage or security deposit.
- Ask for a free rent receipt and keep records.
- Know you can't be evicted just for having no written lease.
Common myths
| Myth | Reality |
|---|---|
| I have no rights without a written lease. | False. A verbal or handshake tenancy gives you the full protection of Ontario's rental law, exactly like a written lease. |
| A verbal agreement isn't a real tenancy. | It is. Nothing in the law requires a written lease for you to be a tenant with full rights. |
| My landlord doesn't have to give me the standard lease. | For most tenancies they do. If they don't provide it within 21 days of your written request, you can withhold a month's rent. |
| No-pets clauses are enforceable. | No. 'No pets' clauses are void under Ontario law. A landlord generally can't evict you just for having a pet. |
| My landlord can charge a damage deposit. | No. The only deposits allowed are a last month's rent deposit and a key deposit. Damage and security deposits are illegal. |
| I can't get a rent receipt. | You can. You have the right to a free rent receipt on request, even after you've moved out (within a year). |
| Without a lease, the landlord can evict me anytime. | No. Eviction always requires a proper reason and a process through the Landlord and Tenant Board — a written lease has nothing to do with it. |
| When my fixed term ends, I have to leave or sign a new lease. | No. It automatically continues month-to-month. You don't have to sign anything or move out. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Landlord and Tenant Board.
Free. No payment to start. This is information, not legal advice.