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Are additional terms in my lease enforcable? 

swander
swander
Posts: 1


Posted On: 8/16/2022
swander
swander
Posts: 1
Hi, My tenant has been occupying my townhouse since 2017. In 2021, we did our fourth two year lease
till July 30th, 2023. In this new standard Ontario lease, I put two clauses as additional terms. The clauses
are:



1.The tenant agrees to vacate the premises by no later than 30th June 2023. Tenant agrees that the
landlord may choose to re-rent the premises to another tenant or sell the house thereafter. Tenant
agrees to provide a vacant possession of the property on 30th June 2023 regardless of the future plans
of the landlord for the property.



2. Tenant also agrees to the regulated allowable yearly rent increase to take effect by the end of the first
year of the tenancy. Beginning July 1st 2022, the rent will be increased in line with Ontario's regulated
rent increase guidelines.



So my questions are:



Regarding Clause 1: Will this hold in court? Is it enforceable? The tenant accepted these terms with his
initials and signatures over a year ago when the lease was signed in 2021.



Regarding Clause 2: Since I document the next year increase in the lease itself, do I still have to give a N1
notice of increase of rent 90 days before the end of first year?
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Moderator
Moderator
Moderator
Posts: 3787


Posted On: 8/22/2022
Moderator
Moderator
Moderator
Posts: 3787
Hi there,

Thank you for sharing your question and situation with us.

It is best that you contact a community legal clinic for some advice regarding your situation. You may also find helpful information in CLEO's guide to rent increases. If you choose to connect with a community resource navigator at 211 to narrow your search, 211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.


It may also help to contact the Landlord's Self-Help Centre directly for some additional information specific to your situation. The Landlord's Self-Help Centre is a non-profit community legal clinic which supports Ontario's small-scale landlord community exclusively.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.


Sincerely,


Your Settlement.Org team
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