Can a landlord charge a tenant a deposit or a fee for allowing them to rent a unit?
A landlord may ask for a rent deposit prior to the tenant entering the tenancy agreement. However, the rent deposit cannot exceed a month’s worth of rent/ the rental period (whichever one is less). For instance, if the rent is to be paid bi-weekly, you cannot ask for a month’s worth of rent. The deposit is to be used as last month’s rent prior to the termination of the tenancy; thus a landlord may not use the money to pay for damages or other expenses.
Information a landlord must provide their tenant(s).
Landlords must provide all new tenants with the following:
1. Information regarding
a. The rights and responsibilities of landlords and tenants
b. The role of the Board
c. How to contact the Board
2. Brochure called Information for New Tenants that landlords must use which is to be provided to the tenant before the tenancy commences (when the tenant is entitled to move in).
For written tenancy agreements:
1.The landlord’s legal name and address must be included in the lease
2.Once the tenant has signed the lease and returned it to the landlord, the landlord has 21 days to sign the lease/agreement and provide the tenant with a copy of the lease *thus both the tenants’ and the landlords’ signatures would now be on the lease*
What if there is no written tenancy agreement?
The landlord is still obligated to provide the tenant with the landlord’s legal name and address in writing, again within 21 days of the tenancy beginning.
What happens if the tenant is not provided with the above-noted documents?
If the tenant is not provided with a signed lease or if the landlord fails to provide the tenant with their legal name and address within 21 days the tenant DOES NOT have to pay rent. Nevertheless, if the landlord does provide the tenant with the above-noted documents the tenant will be required to pay the pending rent. Failure or refusal to pay the landlord for the missed payment can result in eviction for the tenant.
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