Are damage deposits legal in Ontario?

No. A landlord cannot collect a damage deposit to pay for damage done to the unit. Also, a landlord cannot use the last month’s rent deposit to cover damages in the unit. The rent deposit can only be used for last month’s rent before the tenancy ends.

Are damage deposits allowed in Ontario?

Security and Damage Deposits are Not Allowed

Key deposits are permitted in Ontario, but they cannot be more than $100.

Is last month’s rent or damage deposit illegal in Ontario?

Landlords in Ontario are within their rights to ask for both first and last month’s rent. This is because the first month’s deposit is immediately received as a payment, and it is allowed to hold a deposit of up to one month’s rent to be used at a later date.

Can landlord charge for cleaning Ontario?

The landlord cannot attempt to charge or collect anything other than lawful rent and key deposits. The tenant agreeing with same doesn’t sidestep the law because there is no opting out of something declared unlawful. The clause becomes void and unenforceable. Landlord is allowed to charge a cleaning fee for damages.

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Are furniture deposits legal in Ontario?

Under the Residential Tenancies Act a landlord is allowed to collect the last month’s rent as a rent deposit. Landlords cannot charge damage deposits, even where they are refundable.

Are damage deposits legal?

In Alberta, most landlords require a tenant to pay a security deposit or damage deposit before moving in. A security deposit is a one-time only payment and cannot be more than one month’s rent. A landlord must place a security deposit in a trust account within two days of receiving it.

How much should damage deposit be?

A Guide for Landlords. On average, a security deposit is worth a month or two of rent.

Can landlords ask for damage deposit in Ontario?

Can the landlord charge the tenant a damage deposit? No. A landlord cannot collect a damage deposit to pay for damage done to the unit. Also, a landlord cannot use the last month’s rent deposit to cover damages in the unit.

Can a landlord keep your deposit if you never move in Ontario?

The Ontario rental laws do not allow landlords to charge tenants a security deposit. … If the tenant fails to move into the rental within the agreed time period, they will lose their rent deposit. If the tenant does move in within the agreed time period, they will receive their rent deposit back.

What reasons can a landlord keep my deposit?

Money your landlord might take from your deposit

  • you owe rent.
  • you’ve damaged the property – this could be something like a spill on the carpet or a mark on the wall where you’ve hung a picture.
  • you’ve lost or broken some items from the inventory, like some cutlery or mugs.
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Can my landlord sue me for damages Ontario?

Once the tenant leaves, you will have to go to Small Claims Court to sue for any damages. You can sue for any amount up to $25,000 in Ontario, which usually is enough for most of these types of claims. … Landlords cannot threaten to ruin a tenant’s credit over these types of issues.

What damages are tenants responsible for Ontario?

A tenant must repair or pay for the repair of any damage to the rental property that’s not due to normal wear and tear. The damage could have been caused by the tenant, their guests or another person living in the rental unit.

How long does a landlord have to sue for damages Ontario?

Since the tenants have already moved out, as of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant moved out of the rental unit.

What happens if my landlord sells the house I’m renting Ontario?

When an Ontario landlord is selling their house, tenant rights must be strictly upheld. Tenants cannot be evicted to accommodate a sale if they still have an ongoing lease agreement, nor can landlords trick tenants into leaving under some other guise.

Can a landlord charge for damages after moving out?

Landlords can legally charge for any damages to the unit caused by tenants or the guests of tenants. There is no specific standard for how much the landlord can legally deduct from a deposit for any damage. … Common deductions include damages, cleaning costs, unpaid rent or fees, or utility bills.

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