Heena Sidhu

Planning 10
Block 2
Landlord & Tenant Frequently Asked Questions
What is a security deposit? A security deposit is money a landlord takes from a tenant other
than the rent. The security deposit protects the landlord if the tenant breaks or violates the rules
of the lease or rental agreement. A security deposit cant be more than half of one months rent.
Must a landlord provide a receipt for a security deposit? A landlord shall give the tenant a
written receipt stating the amount of the deposit, the date of payment, and the premises to
which it applies.
Does a landlord have to pay interest on a security deposit? When a security deposit is
refunded to a tenant, a landlord shall also pay interest on the security deposit for the entire
period the landlord has had the security deposit.
How much can be charged for a security deposit? The amount of the security deposit that a
landlord can ask a tenant to pay depends on the type of rental agreement:

if the place is rented from week to week, the deposit cant be more than the first two
weeks rent;
for a monthly rental agreement, it cant be more than three-quarters of the first months
rent;
when the place is rented for a fixed term of 6 to 12 months, the deposit cannot exceed
three-quarters of the first months rent if the rent was proportioned to a monthly payment.

How much time does a landlord have to return a security deposit after the tenant moves
out? The landlord should return the security deposit to the tenant within 15 days after the tenant
leaves, unless the landlord has a claim for all or a portion of the security deposit.
What is a rental agreement? A rental agreement is a contract between a landlord and tenant
where a landlord gives a tenant the right to occupy the residential premises.
What are the types of rental agreements? There are three types of rental agreements. Week
to week, month to month, and a fixed term of not less than 6 months and not more than 12
months.
Must a landlord give a copy of a signed rental agreement to the tenant? Yes, the landlord
should give the tenant a copy of the rental agreement within 10 days after the date of signing. If
the landlord doesnt do this, the tenant does not have to pay rent until the tenant gets a copy of
the rental agreement.
Must a landlord give a tenant a copy of the Residential Tenancies Act? Yes a landlord has
to provide a copy of the Act to the tenant before going into a rental agreement.
What is a Rental Premises Condition Report form? The Rental Premises Condition Report
form is completed, signed and dated by the tenant and landlord to show the condition of the
place at the beginning and end of the rental agreement.
Does the Residential Tenancies Act apply to a verbal rental agreement? Yes.
Can a landlord request post-dated cheques for rent payments? Yes.

Are there residential premises not covered by the Act? Yes, there are certain things that
arent covered by the act such as; where meals and bed linens are provided, where the owner
shares the bathroom or kitchen with another person, in a hospital or nursing home, provided by
religious, charitable or non-profit organizations, etc.
Does the Act apply to business/commercial rental agreements? No.
Is a tenant responsible to have insurance on his/her personal belongings? Yes.
When a rented premises is sold to a new owner, does the rental agreement continue?
Yes, the Rental Agreement goes on as if there was no change in ownership.
What happens to a security deposit when there is a change in ownership? The new owner
is responsible for paying the security deposit.
Can a landlord charge a fee for late payment of rent? Yes, the landlord can charge $5.00 for
the first day the rent is late and $2.00 for each additional day the rent is not paid up to a max of
$75.00.
Can a landlord charge a fee if a tenants rent cheque is returned because of nonsufficient funds in the tenants account? If a rent cheque is returned because of nonsufficient funds, a landlord may charge a fee not more than $25.00.
Can a tenant withhold rent because a landlord is not maintaining the premises? No.
Can a landlord terminate a rental agreement when the tenant does not pay rent? Yes, a
landlord can give a short Termination Notice when the rent isnt paid.
Can a landlord increase rent by giving a verbal notice to the tenant? No, the landlord has
to give the tenant a written notice.
Can a landlord increase rent anytime? No.
Is a tenant responsible for damages to the residential premises? A tenant is responsible to
fix damages if the tenant or one of the tenant's visitors caused the damages.
What can a landlord do if a tenant has not repaired damages? A landlord can ask in writing
a tenant to fix damages.
Can a termination notice be verbal? No, it has to be in writing.
Where can I get a copy of the Residential Tenancies Act? Official copies of the Act can be
bought for $5.25 (including tax) at the Government Service Centres.
If a landlord gives a tenant a Termination Notice in writing, is the tenant required to give a
written notice of his departure? Yes, all notices of termination by a landlord will also require a
written notice from a tenant when they are leaving.