Landlord & Tenant Frequently Asked

Questions
What is a security deposit?
A security deposit is any extra payment for the tenant of
respect of the landlords property to make other than the
rent or advance payment.
Must a landlord provide a receipt for a security deposit?
A receipt must be given to the tenant stating the date and
deposit.
Does a landlord have to pay interest on a security deposit?
Yes he has to pay interest for the entire time he had the
security deposit.
How much can be charged for a security deposit?
A security deposit cannot be more than one months rent.
How much time does a landlord have to return a security
deposit after the tenant moves out?
The landlord has to give the tenant his security deposit
within 15 days he leaves.
What is a rental agreement?
The rental agreement is an oral or written agreement
between the tenant and landlord stating the rules for the
property and payments.
What are the types of rental agreements?

Landlord & Tenant Frequently Asked

Questions
month-to-month;
week-to-week;
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, also within 10 days after original has been signed.
Must a landlord give a tenant a copy of the Residential Tenancies
Act?
Yes he must and for free.
What is a Rental Premises Condition Report form?
The Rental Premises Condition Report form shows the
condition of the landlords property at the beginning
and end of the rental agreement. It is signed and
dated by the tenant.
Does the Residential Tenancies Act apply to a verbal
rental agreement?
Yes it does.
Can a landlord request postdated cheques for rent
payments?
Yes, the landlord can request postdated cheques.

Landlord & Tenant Frequently Asked

Questions

Are there residential premises not covered by the Act?

There are certain premises which do not come under the
Act, such as accommodations:
where meals and bed linens are provided;
where the owner shares bathroom and kitchen
facilities with an occupant, as in a boarding home;
provided by an educational institution to its students
(including units owned by Memorial University of
Newfoundland);
provided by religious, charitable or non-profit
organizations;
in a hospital or nursing home;
Occupied on a transient basis provided in a hotel,
motel, inn, tourist home or hostel.
Does the Act apply to business/commercial rental
agreements?
No it doesnt.

Is a tenant responsible to have insurance on his/her personal

belongings?
Yes, a tenant is responsible to carry insurance on his/her
personal belongings. A tenant's personal belongings are not
covered by insurance the landlord may have on the
residential premises.

Landlord & Tenant Frequently Asked

Questions
When a rented premises is sold to a new owner, does
the rental agreement continue?
Yes, if there is no change in the agreement.
What happens to a security deposit when there is a change
in ownership?
The new owner will be responsible for 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 maximum of $75.00.
Can a landlord charge a fee if a tenant's rent
cheque is returned because of non-suffi cient funds
(N.S.F.) in the tenant's account?
If a rent cheque is returned N.S.F., a landlord may
charge a fee not greater 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 he can.
Can a landlord increase rent by giving a verbal notice to
the tenant?
No, a landlord must give the tenant a written notice to
increase the rent.
Can a landlord increase rent anytime?

Landlord & Tenant Frequently Asked

Questions
A landlord cannot increase the rent during any fixed term
rental agreement or during the first 12 months of a week
to week or month to month rental agreement.
Is a tenant responsible for damages to the residential
premises?
Yes the tenant is responsible.
What can a landlord do if a tenant has not repaired damages?
The landlord must request in writing for the tenant to repair the
damage.

Can a termination notice be verbal?

No.
Where can I get a copy of the Residential Tenancies
Act?
Official copies of the Act can be purchased for
$5.25 (including tax) at Government Service
Centers.
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 notes must be written.