How Do I Review a Lease Before Signing?

A Signed Clause Is Not Always an Enforceable Clause

The most important thing to know about a residential lease is that your signature does not make an illegal term legal. Tenancy statutes — every US state's landlord-tenant act and every Canadian province's Residential Tenancies Act — set a floor of protections that a lease cannot drop below. A clause that waives the right to repairs, permits eviction without a court order, allows unlimited entry, or forces automatic deposit forfeiture is void, and courts and tribunals disregard it regardless of the tenant's signature.

That is why lease review is about spotting protection-reducing clauses, not just reading for fairness. The clauses that matter most cluster in predictable places: maintenance and repairs, deposits and fees, landlord entry, notice periods, and eviction. Anything in those areas that gives the landlord more than the statute allows — or gives you less than it guarantees — deserves a closer look before you sign, because catching it early is far easier than unwinding it during a dispute.

Standard Lease Forms and the Clauses That Get Voided

Some jurisdictions mandate a standard lease. Ontario has required the government's Standard Lease for most residential tenancies since 2018: if a landlord fails to provide it, the tenant can demand it in writing and, if it is not supplied within 21 days, withhold up to one month's rent. Additional terms bolted onto a standard lease that conflict with the tenancy act are void. Where no standard form exists, the statutory floor still governs every clause.

The recurring offenders are consistent across jurisdictions. Clauses making the tenant responsible for all maintenance collide with the non-waivable warranty of habitability. Non-refundable deposits and automatic forfeiture clauses conflict with deposit-return and itemization laws — and in Ontario, damage deposits are banned outright. 'Enter anytime' clauses fail against the standard 24-hour notice rule and the right to quiet enjoyment. Penalty-style late fees, key deposits, and administration charges are capped or prohibited in many places. Each of these is common, and each is frequently unenforceable.

How to Negotiate and What to Keep

Before signing, read the entire lease including every addendum and schedule, and mark each clause touching repairs, deposits, entry, fees, notice, and eviction. Ask the landlord, in writing, to remove or correct anything unlawful or one-sided — a reasonable landlord will, and the request itself documents your objection. Crucially, get verbal promises put in writing: a landlord's assurance that 'we'll fix the heater' or 'pets are fine' means little if the lease says otherwise.

If you have already signed a lease with a void clause, you are not bound by that clause, but keep the full signed lease, all addenda, and any standard form for reference. When a dispute arises, statutory rights override the conflicting term, and the documented lease becomes your evidence. For anything ambiguous or high-stakes, a tenant legal clinic can review the specific wording against your local act before you commit.

Related: Landlord & Tenant Wizards · All Landlord & Tenant Wizards · Landlord Entry & Privacy Rights · Repairs & Maintenance Rights · Roommate Agreement Builder · All Legal Wizards