Tenancy Agreements

 Payments Not Allowed Under The Act

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

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.
 

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 a pet;

• for having visitors stay for extended time periods; or

• for finding a new tenant for an assignment or subletting.

A landlord can ask a tenant to pay extra for:

• 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.

There are no guidelines on the amount the landlord can charge for these services.

A landlord can also charge a tenant for the paperwork involved in an assignment or sublet, to a maximum of $40.00.
 

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
      

None

September, 1992

March, 2004
 

None

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