Registering a Lease in Ontario

By Ridhima Pathak

It is common for a tenant to request a lease to be registered on title, whether that is registering the lease itself or a notice or short form on title to the applicable property. The reasoning for this is that a tenant runs the risk of losing priority to subsequent purchasers, mortgagees, and other third parties having dealings within the property. Therefore, the tenant is protecting their rights in circumstances where a mortgagee or lender acquires an interest in the property.

Not all leases are required to be registered though as per Section 44(1)(4) of the Land Titles Act[i]. Third parties are bound to unregistered leases if they have actual notice of the lease i.e. by providing a copy of the lease or an estoppel certificate, which would contain details of the lease. Furthermore, if a lease is for a period that does not exceed three years and there is actual occupation meaning a tenant is in physical possession of the premises as per the lease, then the lease is an encumbrance on the property. The doctrine of actual notice is further reinforced in United Trust v Dominion Stores Ltd.[ii], noting that an unregistered lease is protected when actual notice is given.

As per the Land Titles Act, interests are ranked based on the order in which registration occurs. Essentially by registering a lease, the tenant’s name is on title so anyone that conducts a title search for a sale or mortgage of the property becomes aware of the lease. If it is not registered, and the landlord obtain a mortgage with a lender, and the lender has no actual notice of the tenancy, and if the landlord defaults on the mortgage for example, then the lender can evict a tenant.

If you are considering the registration of a lease on title, there are a few ways in which registration can take place:

1. Registration of a Full Lease on Title – here you would be registering the original lease on title. This means that the entire details of the lease would be disclosed including rent for anyone to see.
2. Registration of a Short-Form Lease on Title – here you would be registering a lease without the relevant rent provisions or any other business details. 
3. Registration of a Notice of Lease on Title – here you are registering a notice, which means that if title is searched, it would indicate that a lease exists with basic details of the tenancy, without having to register the fully signed lease on title. While this may be similar to a short-form lease, a notice only requires one person to sign and register the document. A landlord does not need to sign off on it. In this option, the registrant must provide a copy of the actual lease within 14 days of receiving a request. This is to ensure that the lease is in fact available.

Once registered, parties should also take into consideration the fees associated with discharging a registered lease from title. A discharge of a lease would occur if the lease is being terminated or if the tenant is leaving the premises. Fees may include the government land registry fee for registering a discharge of the lease or notice of lease for approximately $85.00 (as of 2026) along with legal fees for the lawyer to prepare the acknowledgement and direction and discharge, obtain the tenant’s signature, and to register electronically. These fees can vary depending on how cooperative a tenant is. If the lease is silent on registration and these fees, then parties should determine who is responsible for these fees.

If you have any further questions on commercial leasing, please contact Ridhima Pathak (ridhima@sorbaralaw.com).