Residential Tenancies Branch

Section 2 

Tenancy Agreements

Sub-Section 2.6

Payments Not Allowed Under The Act

Legislation

s. 14, 57, 137, The Residential Tenancies Act

Definitions

Deposit: includes a security deposit, a pet damage deposit.

Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.

Policy

A landlord can’t collect extra money from tenants, in the form of fees or deposits:

• before a rental application will be processed;
• before keys will be given to the tenant;
• before gas, water or hydro service will be hooked up;
• before garage door openers will be given to the tenant;
• for providing an original rent receipt when a tenant pays their rent in cash; when a tenant pays rent by automatic debit or pre-authorized remittance, the Branch considers it a cash payment;
• for having visitors stay for extended time periods; or
• for finding a new tenant for an assignment or subletting except as noted below.

A landlord can ask a tenant to pay extra for:

• the paperwork involved in an assignment or sublet, to a maximum of $75.00.  The landlord may only charge the fee if they actually consent to the assignment or sublet on the tenancy agreement form;
• special visitor parking arrangements;
• replacing a key or garage door opener the tenant has lost;
• providing extra copies of keys which can’t be duplicated for security purposes;
• providing a rent receipt if the tenant or the tenant’s source of income pays their rent by cheque or money order; or providing a duplicate rent receipt if the tenant loses the original receipt; or
• voluntarily "buying out" of a tenancy agreement before it expires.

Procedure

Overview   

This policy is included as information for tenants, landlords and officers. If tenants and landlords aren’t able to agree whether a fee may be collected, they can ask the Branch for help.

Steps ▼   

1.   The officer encourages the landlord and tenant to share information, and       to discuss the problem, to try to come to an agreement.

2.   When a tenant or landlord asks the Branch for help with an additional       payment problem, an appropriate officer follows the procedures for:

• mediation
• claims for compensation/orders of possession
• hearings
  

Forms & Form Letters

X-Referencing

None

Policy Developed

September, 1992

Last Revision

July, 2010

Other Resources

None

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