Barn Lease Agreement

Homeowners may inadvertently refrain from using two important tax provisions. The Canada Revenue Agency (CRA) considers many types of non-leases to be farmed. For example, a proportion of crops where part of the crop is paid to the landowner as a payment to the country may not meet the definition of the agricultural rating agency. As a result, some leases may deter landowners from applying the following tax provisions: Land Use Restrictions – The lease should clearly define all areas that may have limited use (e.g. B the surface directly under a wind turbine). This publication is exclusively for information. This is only a general illustration and not a specific consultation on individual situations. The examples made available serve only to illustrate and are by no means exhaustive or adapted to any situation. This fact sheet should not be considered legal advice. This fact sheet is not provided as a full interpretation or cover of the Income Tax Act or the various laws relating to land lease agreements. The Ontario government has no responsibility for the people who use it as such. It is strongly recommended that you check all land lease and lease agreements with your advisor, accountant and/or lawyer before signing them. The disadvantage of an oral lease becomes apparent when a disagreement over the terms of the lease occurs, because it is extraordinarily difficult to prove what the original agreement was between the parties.

Most Ontario properties are registered under the Land Titles system, which requires that leases not be registered for up to 3 years if the tenant is in possession of the property described in the lease. For real estate under the less popular land registry system, the period is increased to 7 years. In the absence of registration, a subsequent purchaser of the land could take over the property without having to meet the terms of the lease. As a general rule, tenants need written permission from the landlord before making major improvements. It is also important to outline how the value of the improvements will be determined and when compensation will be paid.

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