Can my landlord force me to sign a move-out agreement when I first sign my lease?

The situation

I am currently in the process of moving into a new apartment in Ontario and I am feeling quite stressed about a situation that came up during my viewing last Tuesday. The landlord was very friendly, but when it came time to sign the actual lease agreement, they told me that I must also sign a separate document stating that I agree to vacate the unit by a specific date next summer. They mentioned that this is a standard part of their programme for managing turnover and that if I do not sign this early termination agreement now, they won't let me take the unit. I have already tried to explain that I would prefer to wait until I know my plans for next year, but they insisted it is a requirement for the tenancy to begin. I am worried because I don't want to lose this place, but I also don't want to be locked into leaving if I decide to stay. Is it actually legal for them to make signing an agreement to end my tenancy a condition of me being allowed to move in and start my lease?

Detailed Analysis

In your situation, the landlord is attempting to make a separate document—an agreement to vacate the unit by next summer—a requirement for you to move in. This is not permitted under the Residential Tenancies Act, 2006.

Specifically, the law states that "A tenant’s notice to terminate a tenancy is void if it is given... as a condition of entering into the tenancy agreement"^[1]. This means if you are forced to give notice to leave just to get the keys, that notice has no legal power^[1].

Furthermore, the law protects you from being forced into these early exit deals by stating that "An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into... as a condition of entering into the tenancy agreement"^[1]. In plain language, a 'void' agreement is one that the law treats as if it never existed. Even if you sign the document to secure the apartment, the landlord cannot legally enforce that move-out date because the agreement was made as a condition of your tenancy^[1].

There is one exception to these rules: if the rental unit is specifically for students at a post-secondary institution and is part of a specific type of housing agreement^[1]. If you are not a student living in such a specialized residence, these protections apply to you.

State, provincial, or local laws may add further rules, so you should check with the Landlord and Tenant Board or a local legal clinic.

Statutory Citations

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