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Landlord-Tenant Agreements: When to Get Them Notarized | Minute Notary Blog | Minute Notary
RealEstate Landlord-Tenant Agreements: When to Get Them Notarized Guide to notarization for landlords and tenants. Learn when lease agreements, rental documents, and landlord-tenant communications benefit from or require notarization.
MN
Minutes Notary
Notary Public • Ottawa, ON
Notarization in Landlord-Tenant Relationships
In Ontario, most residential lease agreements don't legally require notarization. However, there are many situations where landlords and tenants benefit from notarized documents to prevent disputes, provide legal protection, and ensure enforceability.
This guide covers when notarization is valuable in rental situations.
Standard Lease Agreements
Ontario's Standard Lease
Since 2018, most residential tenancies in Ontario must use the provincial Standard Lease form. This form:
Is mandated by law
Covers essential terms
Does NOT require notarization
However, additional agreements or modifications may benefit from notarization.
Commercial Leases
Commercial leases are different:
Not governed by the Residential Tenancies Act
Often more complex
May benefit from notarized signatures
Sometimes explicitly require notarization in the lease terms
When Notarization Adds Value
1. High-Value Commercial Leases
For significant commercial rental agreements:
Why notarize:
Proves identity of signers
Creates reliable signing date
Provides evidence if disputes arise
May be required by landlord's lenders
2. Lease Assignments and Sublets When tenants transfer their lease to another person:
Document Notarization Benefit Assignment agreement Proves all parties consented Sublet agreement Protects original tenant Landlord consent Documents landlord's approval
3. Lease Termination Agreements When ending a lease early by mutual agreement:
Confirms both parties agree to early termination
Documents any settlement (returned deposits, etc.)
Prevents later claims of coercion
4. Guarantee Agreements When a third party guarantees a tenant's obligations:
Ensures guarantor's identity is verified
Proves guarantor understood the commitment
Creates enforceable document
This is especially common for:
Student rentals (parents guarantee)
New immigrants without credit history
Commercial leases
5. Rent Increases Outside Guidelines In Ontario, landlords can sometimes increase rent above guidelines with tenant agreement:
Proves tenant's voluntary consent
Documents what tenant received in exchange
Provides evidence at Landlord and Tenant Board
Documents Landlords May Need Notarized
Statutory Declarations Situation Purpose Property condition at move-in Describes property state Lost documents When original lease is lost Non-payment history For legal proceedings Attempts to contact tenant For eviction purposes
Affidavits Affidavits are sworn statements for legal proceedings:
Situation Purpose Landlord and Tenant Board applications Supporting evidence Small claims court For damage claims Insurance claims Documenting losses
Certified Copies
Property ownership documents
Business registration (if corporate landlord)
Previous court orders
Documents Tenants May Need Notarized
Proof of Residency For various purposes, tenants may need proof they live at an address:
Purpose Document Government ID applications Statutory declaration of addressSchool enrollment Proof of residence Insurance Address verification
Declarations for Legal Proceedings If disputes go to the Landlord and Tenant Board or court:
Document Purpose Affidavit of serviceProves documents were delivered Witness affidavit Third-party statements Declaration of damages Documenting issues
Guarantor Documents If someone is guaranteeing your lease:
Specific Scenarios
Scenario 1: Subletting an Apartment Sarah needs to sublet her apartment while abroad:
Documents that may benefit from notarization:
Sublet agreement with new tenant
Original landlord's consent letter
Statutory declaration that Sarah remains responsible
Scenario 2: Commercial Lease Guarantee ABC Restaurant is signing a commercial lease, but the landlord wants the owner to personally guarantee the lease:
Personal guarantee agreement
Corporate resolution authorizing the lease
Notarized signatures on the lease itself
Scenario 3: Tenant Dispute at LTB Mike the landlord is taking a tenant to the Landlord and Tenant Board for unpaid rent:
Documents that may need notarization:
Affidavit of service (proving tenant received notices)Witness statements
Certified copies of banking records
Scenario 4: Move-In Condition Documentation Lisa is moving into a rental and wants to protect her deposit:
Statutory declaration describing property conditionDated photos (can attach to declaration)
Joint inspection statement
Notarization for Foreign Landlords or Tenants When landlords or tenants are abroad, notarization becomes more important:
Foreign Landlords Non-resident landlords may need:
International Tenants International tenants may need:
Statutory declarations of immigration statusNotarized identification for landlords
Guarantee documents from overseas guarantors
Common Landlord-Tenant Documents Here's a summary of common documents and whether notarization is typically needed:
Document Notarization Required? Notarization Beneficial? Standard residential lease No Usually not Commercial lease Sometimes Yes Lease assignment No Yes Sublet agreement No Yes Guarantee agreement Often Yes Lease termination No Yes Rent increase agreement No Sometimes LTB affidavits Yes (must be sworn) N/A Move-in inspection No Yes Move-out inspection No Yes
The Move-In/Move-Out Inspection One of the most important landlord-tenant documents is the inspection report:
Why Document Condition
Protects security deposit
Prevents disputes about damages
Creates evidence for any claims
How to Strengthen Inspection Reports While not required, you can add weight to inspections by:
Having both parties sign Adding dated photos Getting signatures notarized (optional but helpful)Creating a statutory declaration of condition (for valuable properties)
Landlord and Tenant Board Proceedings If disputes reach the Landlord and Tenant Board (LTB):
Documents That Must Be Sworn
Affidavits of service
Witness affidavits
Certain applications
We can help prepare affidavits for LTB proceedings.
Certified Copies for Evidence
Banking records
Correspondence
Photos and videos
Previous agreements
Tips for Landlords
✓ Document Everything
All communications with tenants
Payments received
Complaints and maintenance requests
Property condition
✓ Use Written Agreements
Pet agreements
Parking arrangements
Modifications to property
Early termination
✓ Consider Notarization for High Stakes When significant money is involved:
Large commercial leases
Properties with major deposits
Guarantee agreements
✓ Keep Certified Copies
Tips for Tenants
✓ Document Property Condition
Take dated photos/videos
Have landlord sign inspection report
Consider a statutory declaration for valuable rentals
✓ Keep Copies of Everything
Lease agreement
All communications
Payment records
Maintenance requests
✓ Get Agreements in Writing Verbal agreements are hard to prove:
Rent reductions
Included services
Permission for modifications
✓ Understand Your Rights Ontario's Residential Tenancies Act provides significant tenant protections. Know your rights before signing anything.
Costs for Landlord-Tenant Notarization
How We Can Help At Minutes Notary, we assist landlords and tenants with:
We provide professional, confidential service for all your rental documentation needs.
Need Rental Documents Notarized? Whether you're a landlord protecting your investment or a tenant documenting your rights, we're here to help. Book an appointment with Minutes Notary.
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