canada rental-property landlord tenant ontario
Can my landlord force me to sign an agreement whereby I&#39;d have to pay their legal fees?
<p>Canada, Ontario:</p>

<p>My landlord included this item in the additional terms for a lease they want me to sign:</p>

<blockquote>
  <ol start="9">
  <li>Tenants agree to pay all reasonable costs, Lawyer’s fees and expenses
  made or incurred by Landlord enforcing this agreement.</li>
  </ol>
</blockquote>

<p>This is a major red flag for me since this would seem to imply that if my landlord wants to take me to court for anything (reasonable or not) I'd have to pay for their lawyer as well as my own lawyer. If they wanted to hire an expensive lawyer and drag it out they could easily bankrupt me.</p>

<p>Is this even legal? It feels like signing away your rights which I'm pretty sure you're not allowed to do.</p>

<blockquote>
  <p>Is this even legal?</p>
</blockquote>

<p>Yes, it is lawful. The <a href="https://www.ontario.ca/laws/statute/06r17#BK23" rel="noreferrer">Ontario Tenancy Act</a> does not seem to outlaw that type of clauses. But the clause (or lease) will be binding only if you agree to it.</p>

<p>Also note that the clause refers to <em>reasonable costs</em>, which implies that those costs must be for a <em>reasonable cause</em>. In other words, the landlord would be barred from recovery of legal expenses if you persuade the Board that the landlord's complaint is frivolous or vexatious.</p>

<p>Notwithstanding that the clause is lawful, I would personally discourage you from agreeing to pay the adversary's attorney fees. Note that the clause may apply in the event that neither party fully prevails, whence it is in your best interest to preclude the risk of having to reimburse the landlord in that scenario.</p>
