What are your rights as a tenant with no lease?

This article has been updated from a previous version.

While written leases are standard for rental agreements across the country, the reality is not every tenant has the chance to sign one.

For example, you may be renting from a family member or friend, or perhaps your original lease expired and was never formally renewed. Or you might have simply made a verbal agreement to rent a basement unit and started paying monthly. These situations are relatively common, and they raise a crucial question: what are your rights as a tenant without a lease?

Fortunately, tenants without a written lease still have rights and responsibilities as those with a lease under Ontario law. They also have the same options for protections when it comes to legal disputes. This article will describe these rights and responsibilities, the purpose of a lease, and how to protect yourself in the event of a dispute.

What exactly is a lease?

A lease or rental agreement is defined as a formal contract between a landlord and tenant that permits the tenant to live in a home and pay rent.

Throughout Canada, a rental agreement is a written and signed document, and most provinces have a standard, easy-to-understand lease form that landlords are required to use. Since the standard lease law was introduced in Ontario in 2018, all tenants can request one under law.

A lease will typically include information around rental amount, payment schedule, due dates and the length of the rental term, as well as any rules regarding pets, guests, utilities or parking.

According to Ontario’s Residential Tenancies Act of 2026, non-written or “oral” leases are also considered legally binding. Just because your rights are not strictly put in writing, doesn’t mean you don’t have any.

Read more: Know your rights: 6 things landlords can’t stop you from doing

What are your rights as a tenant?

Even without a standard written lease agreement or rental agreement, if you pay rent regularly and live in a residential rental unit, you are still covered by Ontario’s provincial tenancy laws.

Legally, landlords are required to maintain the rental unit whether you’ve got a written lease or not. This includes ensuring that things like heating, plumbing, and structural safety are all adequate so that the home is livable. So, if a pipe bursts or a water tank fails, the landlord is legally responsible for fixing it, even if you don’t have a signed lease.

Similarly, you also have the right to privacy. A landlord must provide 24 hours’ written notice before entering your unit, and visits must be for legitimate reasons, like repairs or arranged inspections.

Tenants with or without a written lease are also protected from illegal eviction. A landlord can’t simply tell you to leave or change the locks. They must provide written notice, typically at least 60 days, and in most cases must apply to the Landlord and Tenant Board (LTB) for formal approval to end the tenancy.

Just as tenants have rights, they also carry responsibilities — with or without a lease. As a tenant, you’re still expected to pay rent on time, take reasonable care of the unit and follow any terms or rules that were agreed upon.

Related: 3 things you should always tell your landlord and insurance company

What happens in the case of a legal dispute?

Even if you don’t have a written lease and a disagreement arises between you and your landlord, you can still seek a legal resolution. In Ontario, the LTB hears disputes involving all kinds of tenancies, including those without formal leases. If your landlord wants to evict you, they must follow legal steps, including providing written notice and filing forms with the LTB. Importantly, only the LTB can issue an eviction order, which must be enforced by a sheriff—landlords cannot evict you themselves.

However, recent changes under Bill 60, the "Fighting Delays, Building Faster Act," aim to speed up eviction processes.

• Tenants can no longer raise new issues during LTB hearings, potentially limiting their defense.
• Landlords reclaiming a property for personal use no longer need to offer compensation if they provide 120 days' notice.

If you want to move out, you must give proper notice—usually 60 days—or reach a written agreement with your landlord. Even in informal rental arrangements, keep documentation like rent receipts and e-transfer confirmations. These records can be critical if disputes arise.

You don’t need to detail your reasons for wanting to leave, but according to Ontario legislation you are required to either provide your landlord with written notice, or make an agreement with your landlord to end the tenancy, in writing.

Even in informal arrangements, documentation matters. That’s why it’s worth saving any rent receipts, e-transfer confirmations, or general communications with your landlord. These pieces of evidence will be crucial if you ever need to prove something that was agreed upon but not put into writing.

How to protect yourself as a tenant without a lease

If you’re renting without a formal lease, there are some steps you can take to avoid disputes and protect yourself if an issue does come up.

As mentioned, keeping good records of any rent payments, details of repairs and any relevant communications with your landlord can be extremely helpful. This might seem unnecessary especially at the beginning of a lease, but good records will be the foundation of your case if a disagreement occurs later.

Beyond that, you might consider tenant insurance. This can cover your belongings even without a written lease, in case of theft, fire, or water damage. It may even offer liability coverage if someone gets hurt in your unit, and these policies are usually affordable and easy to set up.

It also helps to know your rights before you get into a tenancy dispute.

While you may not necessarily want to read through the entire Residential Tenancies Act of Ontario, the LTB and legal organizations like Steps to Justice can provide reliable and plain-language guidance on what the law says and what to do if something goes wrong.

Finally, if you’re unsure in an active dispute, you do have options for legal support. Organizations like the Advocacy Centre for Tenants Ontario (ACTO) can offer legal advice or representation. You might also find more local legal aid resources in your area to provide assistance, especially if your housing situation is at risk.

Final thoughts

In Ontario, and throughout Canada, a lack of a written lease does not mean a lack of basic tenant rights. All tenants without a lease are still protected under the law, and landlords are still required to follow the same rules as those with a formal, documented lease.

What’s crucial is understanding your rights and responsibilities, maintaining thorough records and knowing where to turn for help, especially if your lease isn’t on paper.

Read next: My landlord is asking for my Social Insurance Number (SIN). Should I give it?