Ontario Landlord – Rental Deposits

September 9th, 2010 · 381 Comments · Landlord & Tenant Board, Property Management, Rental Property

I gave a speech yesterday about Rent Deposits – Risks & Benefits and now I’m going to write down a summary of what I said. I did manage to record the whole speech but it’s an hour long.

I’m really grateful for the invitation from Durham REI I had never been there and did not know what to expect but it was more of an informal group which was nice, friendly, no one selling stuff. If I were to describe it I would describe it more as a learning class for landlords; specialists were invited to speak and people asked questions.

Reasons To Take Rental Deposits

The primary reason to take rental deposits is to get a commitment from the potential tenant during the application process. I have learned that tenants can be very complimentary and tell you what you want to hear, until that crucial moment when you ask them to put their money down. So by asking for a deposit you immediately discover if they want the apartment seriously or not.

The secondary reason you take rental deposits with an application is so you don’t waste your time and money processing an application and then the tenant has found some other apartment. Tenants stop shopping once they give a deposit but not always when they give an application. In fact the tenant who has filled out just an application may shop around even more “to make sure they made the right choice”

The tertiary reason to take a deposit is to mitigate your losses should the tenant change their mind. If your policy was to only accept first and last upon the lease signing and the tenant came early in the month and you stopped renting the place then changed their mind, you would lose a month’s rent because you mistakenly assumed you had a tenant and you would be unable to find a new tenant a few days before the end of the month.

Partial Deposits – Why you should take them

The best tenants are conscientious and careful. Tenants who value their housing want to get their housing as early in the process as possible. Some tenants will even want to find a place before they give their notice. They don’t want to take a chance that they won’t be able to find a place. Such tenants are generally superior than last minute tenants. The worst of the worst of these potential tenants being the people who come with cash in hand on moving day.

The problem for these tenants is that even though they want to get a a place as soon as possible, they are still paying rent at their old location. They may have the entire first and last available or they might not. They may need to wait for their next paycheck before making a commitment to your place. This is time that they will be looking at other places and possibly renting them instead of you getting a great tenant. I will take a partial deposit with the application, the amount is not as important as the psychological commitment. Then I’ll get more money from them as they have it, when their pay comes in.

The Tenancy Agreement

The tenancy agreement begins when there is acceptance on both the landlord & tenant’s side that the tenant will move in. An oral agreement is enough, a lease does not have to be signed and possession does not have to be given or turned over. Once agreement is reached by both sides, a future tenancy is created.

Accepting the Application Quickly

I try to process applications as quickly as possible generally within 24 hours because it is only once the application is accepted that the future and binding tenancy is created. Once you have approved the application and accepted that tenant if they change their mind, you get to keep the deposit. You are only allowed to keep the deposit once this agreement is in place.

Keeping The Rental Deposit

If the tenant changes their mind once the agreement is place, the landlord gets to keep the deposit. It’s that simple.

Divisional Court Law

The Landlord & Tenant Board is a quasi judicial tribunal, what this means is that the adjudicator has broad powers to interpret the Residential Tenancies Act. Except where…Divisional Court has made rulings. In this case it the adjudicator has no leeway and must adhere to what the higher court has ruled.

Opara v Cook

In this case the tenant decided after he had given the deposit and his application had been accepted that he did not like area. His friends had told him the area was not secure. The judge ruled that the landlord got to keep the deposit and that the future tenancy had been created. The rent was applied to the first month of the tenancy even thought the tenant had never taken possession.

Benedetto V Dineen

In this case the prospective tenants were students, the landlord took their deposit and application then told them they needed a guarantor. They did not have a guarantor and the landlord kept their deposit. In this case the judge ruled that no future tenancy agreement was created and so their deposit was ordered to be returned.

Honesty During Application Deposit Process

I am a big believer in honest, straightforward, clear instructions. I tell prospective tenants that I will not return their deposit if they change their mind but that the deposit is fully refundable if their application is not accepted. On my part I no longer show the apartment until their application is either accepted or denied. There is commitment for both parties until the application in front of me is dealt with. I no longer keep shopping for a better tenant while keeping the tenant from shopping and delaying acceptance of the tenancy. That’s dishonest in my opinion, it’s not fair and I don’t do business that way.

So far, I have never been sued for keeping a deposit and I enacted this policy in a 400 unit building. Every month there were a few lost deposits. I get some now too, less because I don’t have this number of units to rent, however, people understand before they give the deposit that if they cancel they don’t get their deposit back. I am very clear about it and they understand the terms when they give me the deposit.

Most people, including prospective tenants, do get very upset if they feel that they have been taken advantage of or have been urged into a situation that they didn’t understand. It is pretty common practice by many major corporations to have service agreements that are incomprehensible, written in 9 point type by lawyers and dozens of pages long. Personally I think that people should understand their leases and important documents without have to obtain independent legal advice before getting a cell phone or buying software. I can’t do anything about their actions but I can control mine so I explain the terms as clearly as I can.

I urge all landlords to consider taking deposits for all the important reasons listed above, it’s just good business.

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381 Comments so far ↓

  • ladycrastic

    My 1 year lease expired in Sep 2015 and I am currently on a month to month basis. I have found another house and would like to move in on Feb 1st, Can I ask my landlord to use my deposit to cover up for the month of Jan 2016 and that will mean giving him 30days notice or is it illegal?

    • Rachelle

      Notice in Ontario is 60 days to end a tenancy

      • leann

        my landlord told me i have to be out in 60 because he is selling his house but there isnt any sign out i find a place now does he have to give me last months rent back since i wont be there

        • Rachelle

          No sure, he didn’t give you proper notice, and you moved out without one, so you’re kind of off the reservation in this situation. Call him and see.

    • Rachelle

      Yes Notice period in Ontario is 60 days.

    • Pedro

      I paid the money order for first and last month did the application . I then was asked to get a guarantor since I’m a student and that’s all I needed to get approved I did that’s as well . After 2 days I get a call saying that my application was rejected . It that ok for them to do?

  • Greg

    Hi Rachelle,
    I have a tenant who was suppose to move in Jan 1sr (paid last months rent and signed the lease a few weeks ago). They now say they can’t move in just yet (they don’t have the money for January’s rent) and may not be able to until February or later. Can I set a deadline for them to pay January’s rent (and get the keys) before I relist the apartment? Can I relist the apartment now for Feb 1st and keep their last months rent that they gave me without them actually agreeing to cancel the lease?

  • Norm

    have a new tenant who is to take position on the first of april gave a deposit,I’m doing painting and maintenance now he is getting on my nerves always calling texting coming over wants in early now I have come to the point I don’t want him in as a tenant cant I tell him to find another place live even though he left a deposit

  • Dhananjay Kshirsagar

    Hi,

    My credit check came positive and so I paid my deposit of $799 to property manager. After 1 month without any notification the property manager gave apartment which I booked to somebody else. Can they legally do that after accepting my deposit. When I called them they said there are some technical problems with my applications for I have given them justification and clarification and also supporting document. They did not call me for once before taking decision on their own. What should I do?

    Please advice

  • Larry

    Hi Rachelle,

    My rental application has been approved, no lease agreement has been signed and no possession has been turned over. I was told my deposit was being held so that the apartment would be saved until my application could be approved and I could sign the lease agreement. A subsequent event occurred that changed my ability to make payments every month so I told them that I could not rent the apartment, before the set move in date, and they would not take my calls or respond to my text messages (she gave me her personal number). I have since cancelled my application and they have told me that I would forfeit my deposit. Can they keep my deposit if upon signing the application it was required that I have renter’s insurance? I do not have this insurance and I am not able to move into the apartment without said insurance so is future tenancy created in this case?

  • Justin Waterfall

    ..a renta deposit? Lol… the only thing you can ask for, and is legally required is last month rent as a deposit. Pet waivers, key deposits, parking per month fees, and security damage deposits are not legal required fees to pay and can be refused. Go to he landlord and tenant board and see how fair it will hold up, been working with them for far too long to know this is bs.

  • Sonia

    The apartment is not ready for me to move in on the due date. Can i get back my 1st and last month deposit?

  • Wayne

    A future contract was created verbally with a prospective tenant. She paid first and last month’s rent. The cheques were current dated. A day later she contacted and advised that there was a problem and she couldn’t take it. She asked if it could be Sublet or if I could find a new tenant could she get her money back. An agreement was made that if a new tenant could be found for the occupancy date then yes her money would be refunded. A new tenant was not found until 45 days after the start date of her original tenancy date.

    1. What is owed back to her?
    2. Is there a legal time that a landlord can deposit a first and last month’s deposit.

    Thanks

  • Sehgal

    I signed a lease for a house I am going to move in on September 1st. Still 15 days to go. I have already given 2 month deposit However, after signing the lease, i came to know my office is going to move to another location. Now I don’t want to rent that place. What should I do now with minimum losses?

    • Rachelle

      Tell the landlord and they must try to rent it to someone else. If they are unsuccessful, you might not get your money back. The landlord cannot collect 2 rents for the same house but it depends on the landlord.

  • Jane

    Hi,
    if tenant has given 60 days notice (so lease technically till end of Sept.), but has moved out earlier in mid-August he obviously forfeits the remaining rent money (i.e. last month’s rent) and is aware of that. However, now he wants to come back to the apartment for a little longer. He’s handed over the keys and moved out all his stuff. Does the landlord need to let him back in?

  • amanda

    my tenant wants to terminate a year long lease agreement after four months .Is it my obligation to return his last month rent deposit?

  • wes roberts

    application made, last month money order given, application turn down after credit report, how long to get deposit badk and it returned deposit in certified check if not I have to wait 10 days to check clears.

    • Rachelle

      Hi Wes,

      Landlord should give you your money back as soon as possible if they turn down your application, but there is no requirement for them to give you a certified check. However you can go to their home branch written on the check and get it certified yourself so that it will clear your account faster if you need it to.

  • Sherry

    Hi…I rented a home under a rent to own program, I am finishing my 6th rental year in this home. It did not work out as planned to purchase the home and I understand any monies other than first and last are lost to me but my landlord is claiming that my last month’s rent is part of the deposit to rent to own and is not mine to use as my last month’s rent. Can he do this? Is it legal for him to keep my last month’s rent and therefore in essence I lost a month or inevitably have to pay for my last and final month as he deemed the last month’s payment as part of my down payment towards purchasing the home… thanks

    • Rachelle

      Sherry, I’m not a fan of rent to own, I’d try the Landlord & Tenant Board on this one. I bet you’d get all your money back depending on who you get as adjudicator that day.

  • Harp

    Hi Rachelle,
    MyTenant gave notice on Sept 13 that they will be moving out by the end of the month, Sept 30. But they said they will do me a favour so I can find another Tenant and move out on Sept 24-25 a week early. Until they move out they do not want me to access the unit either because of boxes everywhere so I can’t show the unit or make repairs. They have asked for last months rent deposit to be returned. Beside owing 6 years interest on the rent deposit do I have to return the rent deposit on such short notice? How much? Thank you for your help.

    • Rachelle

      They have to give you 60 days notice and they have to allow you access to show the unit when people want to see it.

      • Harpreet Banwait

        Hi Rachelle…thank you for the information. The website is a great resource. The Tenant have moved out. Had to pay the city extra to pickup the garbage they left curb side. Tenant still insisting last month rent to be returned and threatened to contact LTB on me because of unfair practice. I have requested several times the forwarding address so I can mail a cheque for the interest on LMRD but they have not provided. What should I do with the cheque?

  • Barry

    My landlord hasn’t returned my damaged deposit, and I’ve paid the last rent and utilities

  • Dinesh kumar

    We planned to move in October 1st 2016, in August mid 2016 i paid a landlord the last month rent as a deposit. But now am planning not to move in because of some family commitments. I have told him on September 20th 2016 that we are not moving in. I never signed any lease agreement, so is it possible to ask my landlord to return the deposit?

  • Glenda

    we apply the apartment last sept.15,2016,and got approved.we plan to move on Oct.1st,and we give a 1monrh money order,$980.they already approved our application,but we decided to cancel our application due to some family issues.is it possible to get back our deposit $980?

  • Sydney Martin

    I paid my first and last when I moved in a couple months ago, I had to leave on short notice (only found out a couple weeks ago) so I’ve paid this month out of pocket. There is a new tenant in place to take over the lease starting the first of Oct and the landlord has already created a contract with them so they won’t be losing any money. Am I still eligible to get my original last month’s rent back?

  • Paulina

    A tenant agreement has been signed by the landlord &a tenant but no exchange of last months cheque or keys. Q. Can the landlord cancel/turn down the agreement after the tenancy agreement has been signed. Are there any legal repercussions.
    Thank you for your response.

  • Chantelk

    Hi i was supposed to move into new place yesterday 1st months is paid and i was given keys utikities aee already switched to my name and it was agreed i woukd move in yesterday last nifht the landlord calked said he wasnt rentijg to me now and woukd return my deposit now woikd he not have to file a proper evecticn through through the tribunal heing as the agreement was made and agreed that u wouls move on yesterday

  • Rebeca

    Hi, my rental agreement ended on Sep 30, but I found another tenant and moved out on Sep 15th. I’ve requested the return of the key deposit, but my landlord responded that I am responsible for the hydro bill until Sep 30th, and that they will return the key deposit once they confirm with Toronto Hydro that I am not in arrears. Is that legal?

  • Sean

    Hi, I booked up the room around the end of August. After then, when moving the room I paid the first month of the rental fee. That day was a few days ago from the starting of the lease.

    I realized the environment of the room wasn’t great. I heard there are no insects, but I found a lot of insects came from cracked floor and wall, which have many legs like a centipede but small and fast. Some facilities such as TV, and the internet were not working, even it was included the option. The worst thing is the bad smell that might be from mold.
    I think it came from the cracked wooden floor. I suffocated and vomited several times during the night. I couldn’t sleep at all.

    So, I immediately moved out there just next morning. I didn’t sign any documents, but I wanted to live to feel the safe and hygienic place.

    However, the landlord didn’t give me back all the money. I asked the lawyer from the legal clinic, he said that I may lose the deposit, and he sent an email to the landlord and getting an answer of the house has no problem.

    I am so angry all the situation. It’s almost 2 months passed.

    In short, I paid 2 months room fees including deposit. There was the agreement of 10months lease as an oral contract, but there are environmental problems, so I stayed just 1day(it was before lease starting the day.) moved out before writing the actual contract.
    The landlord argued that I broke the contract, but I think it wasn’t my fault.
    Particularly, I didn’t sign any documents.

    I’ve been searching all the possibilities desperately, but it’s not easy because I’m an international student. I’m feeling language barrier and having the lack of knowledge of the Canadian law.

    My friend suggested me to make a small claim or go to the police. I don’t know what can I do…
    Could you give me any advice?
    Thank you.

  • Lauren

    Hello.
    I signed a year lease for an apartment starting October.1. I paid first and last months rent. I than had some problems come up and needed to move out. I let my landlord know at the beginning of November, and she has now signed a new lease with someone starting Jan.1. I paid November rent. And now she is asking me to pay December rent as well. Do I have to pay for December or can last month deposit be used for December?

    • Rachelle

      Last month’s rent is in fact used for last month. She could ask you to reimburse her for some legitimate expense related to the rental of the place, but not the entire month.

  • Ann

    Hi
    I have paid last months rent for an apt I was going to lease. There is no lease signed, suppose to sign it tomorrow. Things have changed and I cannot sign a lease for a year. Am I able to get any of the money back?
    Thanjs

  • Parveen

    Hello I rented a3 bedroom bsmt to three girls aging 21 to 28. They lived as filthy as ever in the unit plus wouldn’t listen to anything I asked them to do as per my unit requirements rather they complained to tenant board that I was harassing them. They wouldn’t reply to my text or come see me in person to discuss my concern. They are claiming back one month rent just because they decided to leave blaming my harassment and they couldn’t accommodate their two cars as not an excuse of moving earlier than 6 months lease. What to do please reply ?

    • Rachelle

      I’m pretty sure considering you are already involved with some legal issues that you should consult a paralegal or the Landlord’s self help center.

  • Bjorn

    Jw if my landlord lord gives me a notice that starting February until the end of April doesn’t that mean I can leave on the 1st of February if I so choose to even tho my no cited started January 15th

  • Vera

    We agreed to rent a home starting Feb 1, 2017. The landlord asked for the last months deposit which we gave. We asked for the least and she told us we will sign it on Feb 1, 2017 when we pay first months rent and get the keys.

    So we never saw or signed a lease.

    We had a sudden family emergency and decided in fact to move out of the city. We will still need first and last for a new place and apologized to this landlord whom we paid already for the inconvenience we have caused however, this was still PRIOR to Feb 1 the move in date and PRIOR to us signing any lease.

    Are we out the last months rent even though we never had a lease or is she obligated to refund it to us ?

    Thanks for your help.

    Vera

    • Rachelle

      Well it depends. Usually the deposit is not refundable unless the owner is able to rerent it to another party. I’ve had people cancel apartments the day before move in and want their money back. Once the landlord received the deposit and approved your application they were obliged to provide it for you and stopped renting to other people. Why should they lose the month’s rent because you had some type of problem?

  • Daniel Wine

    As part of the offer/application, the landlord asks, for last month’s rent as a deposit. It states that a lease will have to be signed. It says if the tenant does not sign the lease, the landlord can keep the deposit.
    After signing the offer/application and giving the deposit, the tenant is given a copy of the lease and he has objections to certain terms in the lease. The landlord refuses to amend the terms so the tenant refuses to sign. Does the tenant lose his deposit?

    • Rachelle

      Probably, it depends what the clause is.

      • Daniel Wine

        Do you mean it depends on the clause(s) in the lease that the tenant objects to? For example, landlord has a clause in the lease limiting his liability for damages caused to tenant’s property, where the damage is covered by tenant’s insurance. My point was to question the ability of a landlord to keep a deposit when the tenant isn’t signing the lease for something other than an arbitrary reason (i.e. tenant isn’t simply trying to back out of signing the lease because he changed his mind).

  • Claire

    We put in an application on Feb 2 and where accepted the same day. We unfortunately read some unfavourable things about our building and backed out 24hrs later. We had given a check for first and last months rent. They told us lots of people are trying to get in there building and we where lucky to be accepted. Now they are telling us that if they can’t rent the apartment for March 1 we won’t get all of our money back. My question is how much of our money are they allowed to keep? Is there anyway for us to get all of our money back?

    • Rachelle

      Well first of all you are always free to file a tenant complaint with the Landlord & Tenant Board. the only way for you to get your money back is for the unit to be rerented by March 1st.

      • Danny wein

        But what if the lease is presented to Claire and she has a reasonable objection to one or more of the terms? If the landlord refuses to change it, she should refuse to sign and then ask for deposits back. If landlord refuses, she should show up March 1 and demand possession of the unit. When the landlord refuses (because no signed lease), he has to refund the deposits.

        • Rachelle

          Actually I can assure you that if the landlord is using a standard lease, there is nothing for Claire to complain about, plus leases in Ontario are superceded by the RTA so any illegal clauses are automatically void. The landlord wants to rent her the unit so if she take possession of it she has to give 60 notice at the end of her term of after the year. Lesson here people is stop giving deposits until you are rock solid certain you want the unit…

          • Danny wein

            I think there’s a difference between a deposit given with an application and a deposit upon signing the lease (last month’s rent). Some applications call the deposit “last month’s rent” but that isn’t accurate. If the application is accepted and the lease is signed, that deposit is put towards last month’s rent. But if the lease has any provisions that may not be in violation of the RTA but ask for things not referred to in the offer (e.g. tenant responsible for snow removal on steps, or hot water tank is a rental and tenant has to pay for it), then the prospective tenant should not be obliged to sign the lease if they don’t agree to these “new” conditions. If the landlord doesn’t agree to cancel those terms, the tenant should be able to get his deposit back.
            We would all agree the RTA allows a landlord to keep the last month’s rent deposit if the tenant signs the lease but doesn’t take possession. The landlord is losing out on all of the rent, not just last month’s rent. But if the lease hasn’t been signed yet, what legal right does the landlord have to keep the deposit if the tenant, in good faith, and with a reason that is not arbitrary, does not agree to certain provisions of the proposed lease? And if the proposed lease contains a provision that does violate the RTA, why is the prospective obliged to sign it, or risk losing his deposit if he doesn’t? Why does he have to rely on the fact that the provision is probably invalid? If it’s invalid then he has a right to ask that it be removed and refuse to sign if it isn’t. And if he doesn’t sign, why would the landlord keep the deposit?
            Remember, the landlord can only ask for one deposit, and that’s for last month’s rent. If I have only applied for the rental but haven’t signed a lease, I don’t owe rent yet. If I were obliged to sign ANY lease the landlord put in front of me, why bother having an application and a lease?

          • Rachelle

            Most applications state that upon acceptance the last month’s rent deposit goes towards the last month’s rent of the tenancy and the tenancy is actually created at the time of the landlord’s acceptance.

            Leases have virtually no merit and aren’t even required in a tenancy.

            But the landlord’s obligation to provide the space to the tenant and not rent it to other people is triggered by the landlord notifying the tenant that they have been accepted. At that point the tenant is bound.

            No nitpicking of the lease is going to alter that in any significant way.

            I’ve been doing property management for 20 years now and I’ve never had someone cancel because of a term in a lease. There was other reasons mostly they just changed their minds or had family problems.

  • Danny wein

    By the way, tenants are often in a desperate position because time is running out to find a place to live. The landlord has 3 people visiting the same unit so the prospective tenant has no idea if she has a chance at getting it. The landlord asks for a deposit with the application and says they might not return the deposit if the application is accepted by the tenant doesn’t take the apartment. The landlord doesn’t offer a copy of the lease in advance for review (when asked, the landlord may give it but claims he doesn’t have to). So as a tenant, you don’t have to give the deposit but you also don’t have to be accepted by the landlord either. This is a classic case of the tenant being at a disadvantage and the landlord exploiting that for no justifiable economic reason. That’s what the RTA is for and that’s why it only allows for a deposit against last month’s rent, not a deposit at the application stage.

    • Rachelle

      Well the landlord is in a desperate position of trying to find a tenant so that they can pay their huge property taxes.

      The landlord accepts the application and deposit only if no other application has been taken in. It doesn’t take long to process an application and frankly the landlord can’t accept double rents on a unit so if there is all this competition for the unit, the landlord will accept another tenant and give the tenant his or her money back.

      People have to act in good faith, both landlords & tenants.

      The landlord is not exploiting a tenant by taking a last months rent deposit when a tenant doesn’t move in, the landlord can’t accept double rents and in 99% of cases the landlord would prefer to have the tenant move in rather than bail.

      As a person you can’t go around giving people deposits for ANYTHING and expect to get them back. What if I told you someone went and dropped $1000 at 5 car dealerships? Then went and tried to get their money back at 4 of them? How is this exploitation?

      We can’t collect double rent and we’d rather have the tenant. I had a huge house rent in August of last year and the tenants bailed a week before move in. It took another 6 months to rent that place yes we kept the deposit of course but honestly it didn’t cover the utilities for 6 months.

      Tenants are not babies, they can make decisions and also suffer the consequences of making foolish decisions.

      Would you rather have a world where tenants can just ask for their money back for what ever reason they decide? What is the point of the deposit? And application? And acceptance of the application? The landlord could just guess how many people were going to feel like moving in on the first?

      • Danny wein

        Well said! I didn’t realize a tenancy was created without the lease. In that case, it makes perfect sense. I guess the most important thing for a tenant to realize is the application and the discussions with the landlord before the application is approved are enough to establish the terms of the tenancy. Then, approval of the application creates the tenancy. If landlord wants a lease signed, they can do that as well if there are no disagreeable terms. Otherwise, they still have a tenancy even without a lease.
        Thanks very much for taking the time to explain.

  • Claire

    So if I’m reading things properly they can only keep one month’s rent if they don’t rent for March 1. I gave first and last. They have to return it all if it another applicant takes it for March 1.

    • Claire

      Well I have an update. They have agreed to give us all of our money back save for $200 for administrative fees. I called the landlord and tenant board they said that because we never took possession of the keys we never became tenants. Now I don’t know if they can keep this $200 dollars because I don’t remember seeing this on my rental agreement.

  • Oghale Atareva

    Hi Rachelle,
    I signed a 1 year lease with my landlord for August to September (second year),I got a car he doesn’t have parking space so I had to move to house with Parking space. This was around 22nd of February and I was to move out 1st of March. I paid rent for february and previously paid deposit for last month rent when i signed lease and also $50 for keys. He asked me to place an ad online for someone to take the room. By 1st of march when I moved out, someone else moved in. When i was leaving i asked him for my money back and he told to come back later that day, but because i work evening shift i told him i will go there the next day. The next day i tried to contact him he didn’t reply my messages and didn’t return my calls, I went there and a former roommate let me in but he kicked me out and was accusing me of trespassing.

  • Christine

    I gave verbal notice to the landlord within the 60 days, she agreed, cashed my last months rent cheque. Now, 2 weeks later, she claims I did not give written notice so I must stay one month beyond our lease agreement period. Since she cashed the last months cheque can she make me stay another month?

  • Brandi

    Hi
    I applied to two apartments
    I gave a deposit to one
    I was accepted to both
    Both sent me a lease to sign
    When I wanted to take the apartment that I did not give a deposit to just yet
    The other said upon application approval it is now an agreement that I am obligated to the unit for the term
    The deposit was deposited
    The lease has not been signed
    Am I obligated to them for the year ?
    I cannot take possession until I show proof of renters insurance and hydro set up appointment
    And they ask I get renters insurance for $2000000 liability

  • Cynthia

    Me and my sister are working with an agent to help find us a place she has told us we cannot apply to let’s say 3 places at once to see if we get one and that once we apply for a place we cannot back out if we get it. We have not put any deposits down on application and it is really hindering us from getting a place as she is only allowing us to apply to one place at a time and waiting to hear back to see if we got it or not. Is this true or can we apply to many places?

  • rob mcc.

    long story short….girlfriend filled out application and gave last months…for a townhouse rental coming available for june 1st…..couple days later she had to go back and file out a lease ….this was a ast week….today she finds out she wasnt accepted…and was given her last months rent back….curious as to why the lease signing…and they wont tell her why she was denied….can they do that….i’d want to know why so i could rectify the issue so i dont have continual denials…..thanx

  • Alayna

    Hi there,

    I’ve exchanged texts messages in order to extend my stay within a rental unit outside of the time period agreed upon in the lease. The last month has been paid and applied to my last month. These texts were to extend my stay passed my paid last month and written lease.

    My question is.. Are text messages legally binding outside of a lease agreement? If I change my mind and leave instead of extending what sort of legal recourse would a landlord have?

    Thank you

  • Elle

    Tenant signed the lease and provided last month rent. They are set to move in in 1 week. I have received a call that they are now backing out. As the lease has been signed and last month has been provided are we able to keep the LMR to recover losses due to having to market the rental again so close to move in date?

  • Anthony

    Hi, potential landlord is requesting first and last plus another two months of rent upfront. Is this okay? Her reasoning is that we are internationals but we have been renting in Canada for 4 years now so we all have landlord references plus a good credit scores.

    Thanks in advance.

    • Rachelle

      The idea of taking extra security is that if an applicant would ordinarily be turned down because of lack of income, lack of credit, lack of landlord reference, lack of Canadian history, lack of legal status an extra security deposit can serve as a buffer if the tenant defaults. If the tenant would usually be accepted because your credit is good, you work,you have landlord reference here in Canada, then that’s completely illegal.

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