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, a tenant services security 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:

Forms & Form Letters


X-Referencing

None


Policy Developed

September, 1992


Last Revision

May, 2015


Other Resources

None


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