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. How much? However, the landlord didn’t give me back all the money. Return of Security Deposit. Tell him to return the deposit immediately before you take him to court. my tenant wants to terminate a year long lease agreement after four months .Is it my obligation to return his last month rent deposit? The landlord has a right to ask for and collect a security deposit when you move in, which is an additional deposit that will be used if you cause damage to the apartment (and will be returned if you don’t). The rent was applied to the first month of the tenancy even thought the tenant had never taken possession. 9:3252. The last month has been paid and applied to my last month. You can tell your landlord to use your deposit, plus any interest your landlord owes you, for that final rent payment. deposit. A new tenant was not found until 45 days after the start date of her original tenancy date. 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. Version 1.00 written March 31, 2007. We had a sudden family emergency and decided in fact to move out of the city. Sherry, I’m not a fan of rent to own, I’d try the Landlord & Tenant Board on this one. Can he do this? It does not mean the tenant has to receive it … Go to the Landlord & Tenant Board and go to a hearing and present your evidence. 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. Landlord not returning key deposit after finishing tenancy. I’m not sure but it does make you a bit of a jerk. 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. I had a sublet living there in the summer till the end of the lease. Landlords are allowed to ask for key deposits, as long as the deposit is refundable, and the deposit is not more than the expected value of replacing those keys. 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 Form Assistant gives you a letter to ask your landlord to give your security deposit back. Amount of a Rental Deposit. In this case it the adjudicator has no leeway and must adhere to what the higher court has ruled. My question is how much of our money are they allowed to keep? The language in the lease limiting liability did not protect the landlord in this case. Don’t they have a lease? The landlord doesn’t offer a copy of the lease in advance for review (when asked, … Can I Sue My Landlord for Not Returning My Deposit? They don’t want to take a chance that they won’t be able to find a place. I can’t do anything about their actions but I can control mine so I explain the terms as clearly as I can. If landlord wants a lease signed, they can do that as well if there are no disagreeable terms. The Tenant have moved out. 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. Your agent is right. 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. Is this okay? Remember, the landlord can only ask for one deposit, and that’s for last month’s rent. Hi I have paid last months rent for an apt I was going to lease. Yes less any cost the landlord incurred during the rerental process. Damage Deposits. 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? 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? Every month there were a few lost deposits. Not sure, you’re not a magician, just make sure it’s well document that you need their address to mail them a check. Hi I just want to know how soon the key deposit shall be paid back? I signed a year lease for an apartment starting October.1. Why should they lose the month’s rent because you had some type of problem? 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). The last month’s rent is really just … Twitter. LATEST: Landlords do not have to return deposits for ongoing tenancies signed BEFORE June 1st last year. 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. When the tenant gives up possession of the property (which is usually when the tenant gives the keys back to the landlord), the landlord has 10 days to deliver a statement of account to the tenant. The tertiary reason to take a deposit is to mitigate your losses should the tenant change their mind. Leases have virtually no merit and aren’t even required in a tenancy. Use CLEO’s Guided Pathway to complete Form T1 – Tenant Application for a Rebate of Money the Landlord Owes. The cheques were current dated. 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. No renter wants to lose that! Q. I have since cancelled my application and they have told me that I would forfeit my deposit. or forfeit their right to the security deposit. The landlord cannot collect 2 rents for the same house but it depends on the landlord. When a residential tenancy ends and after a tenant gives the landlord their forwarding address in writing, the landlord must return all of the deposits plus any interest unless the tenant agrees in writing to allow the landlord to keep all or part of the deposit or an arbitrator orders that the landlord may keep the deposit. I’ve had people cancel apartments the day before move in and want their money back. 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. Once agreement is reached by both sides, a future tenancy is created. For example, a landlord cannot charge a “key deposit,” or a repair deposit, or any amount other than a last month’s rent deposit. Thanks very much for taking the time to explain. I urge all landlords to consider taking deposits for all the important reasons listed above, it’s just good business. - 3. I realized the environment of the room wasn’t great. If I have only applied for the rental but haven’t signed a lease, I don’t owe rent yet. I am a big believer in honest, straightforward, clear instructions. Am I able to get any of the money back? For example, a landlord could make deductions from your security deposit to cover the costs of cleaning up food and dirt on your walls, but not for mild scratches on the kitchen work surface. WhatsApp. Tenants stop shopping once they give a deposit but not always when they give an application. The landlord argued that I broke the contract, but I think it wasn’t my fault. For example, a landlord cannot charge a “key deposit,” or a repair deposit, or any amount other than a last month’s rent deposit. This site contains general legal information for Ontario, Canada. When you move out, the landlord has a finite amount of time to inspect the apartment for damages and to get estimates on what it will take to make repairs. Requirements for Returning the Security Deposit. See La. Also her contract has additional deposits like cleaning fee deposit, key deposit, not interest to be charged on deposit, no outside shoes to be worn in unit, etc so some of these I do not think are legal. 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.) They are responsible until the unit is rerented. No. The province has announced a temporary residential evictions moratorium effective January 14, 2021. My landlord hasn’t returned my damaged deposit, and I’ve paid the last rent and utilities. Landlords that don’t return a full deposit may have to give you an itemized list of how they’re using the money (e.g., to pay for a cleaning service, repair damages, etc.) 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. Ask in writing and ask why they are keeping it. Had to pay the city extra to pickup the garbage they left curb side. Because you're not suing for a large amount of money (this is a security deposit, after all), most tenants who go to small claims court over a deposit do not hire a lawyer. This is a free online interview that helps you complete the application to the Landlord and Tenant Board. By not providing a vital service, the landlord may be committing an offence. Generally, you won’t be responsible for normal wear and tear on … The landlord should not be entitled to do this if you have fully adhered to the terms in the tenancy agreement. I entered into a tenancy agreement with the landlord but the landlord did not allow me to move in and did not return the money I paid as a deposit. A tenant agreement has been signed by the landlord &a tenant but no exchange of last months cheque or keys. A future contract was created verbally with a prospective tenant. Your landlord can also charge you a fee if you write a cheque and do not have enough money in your bank account. If your "security deposit" was, in fact, a security deposit and not your last month's rent, that is illegal in Ontario. We are allowed to ask for key deposit and we are actually allowed to accept additional security other than LMR in cases where the tenant asks us put down an additional deposit. They told us lots of people are trying to get in there building and we where lucky to be accepted. The tenancy agreement begins when there is acceptance on both the landlord & tenant’s side that the tenant will move in. The lease expired Aug 31st, 2014 and I've tried contacting my landlords multiple times. 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? Can my landlord keep my deposit because of damage? Your landlord can only use your security deposit to cover the rent for the last rental period before your tenancy ends. 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. I will take a partial deposit with the application, the amount is not as important as the psychological commitment. 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. The easiest way to get your security deposit back is to not make your normal rent payment for the last period before you move out. The landlord is required to return the security deposit to the tenant within 10 days after the tenant vacates, unless the landlord has a claim for all or a portion of the security deposit. Generally, landlords are not allowed to charge tenants additional fees or charges above rent. I’m out of town we agreed I would send it this weekend, © 2021 Property Rental Agency & Property Management Services - Landlord Rescue. 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. Can a tenant hold the keys until the landlord returns the security deposit? He paid rent for the time, he gets the time. I have received a call that they are now backing out. What are my rights? 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. The apartment is not ready for me to move in on the due date. What should I do? Breaking or Terminating a Lease Early. Find a place put an offer in and wait. 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