Here is a simple calculator to help you calculate interest owed on the last month's rent deposit: https://getrently.ca/calculator.html when you sign the lease).Michael K. E. Thielewww.ottawalawyers.com. None of that has happened and neither the tenants nor the landlord are returning our questions. If I were unable to find a new subtenant for the month of January, would I then be able to keep the original deposit to pay for January rent? One option was to identify the upper unit with the municipal address and then differentiate the lower unit by adding basement or lower to that unit. Just a quick question, how many days can my landlord hold back my deposits? In most cases, the rent cannot be increased until at least 12 months after the tenant moved in. Hi: No, it isn't standard--and arguably it is actually wrong. You may wish to confirm with the new landlord (when you have their contact) that there is an LMR on deposit and if you haven't received the interest due on your deposit that you are owed interest.Michael K. E. Thielewww.ottawalawyers.com. Lease clauses that are inconsistent with the Residential Tenancies Act are void. What about requiring the tenant to payout the lawful 60 days of notice rent? The answers are not legal advice and no one should rely on the answers provided as legal advice. It is not something that was discussed at all, and now they are requiring it with september's rent (which i just paid). Stating I am in "breach of contract. My payments are sent online through Interac (Scotiabank) to an email address owned by the cousin, as far as I know. Assuming that your application was accepted and they recognize that you are resiling from the lease (refusing it), what is their response specifically? "8. The two who left also remain responsible for the rent and obligations--simply moving out does not absolve them of their liability. This is good for both landlord and tenant because it makes each sides responsibility clear. Maybe you don't want to release "A" because "A" is the only tenant of the two that was credit worthy. but my landlord said it is an implied contract for one year rental. While technically a self help remedy that is frowned on by the Board the alternative is that you are going to have to chase your landlord for a refund if you pay July and move out August 1. I found a new apartment with a lease beginning November 1st and my current landlord is aware that I will therefore be moving out within the first week of November. This reality is often surprising to tenants who think that their liability is limited to their share of the rent. The people living in the unit said they were not moving out, and had no plans to do so. To terminate a month to month tenancy you use the same N9 Notice of Termination form that is available on the landlord and tenant board website. You say they stated that they are not giving you your money back. HI KV: So it isn't COVID related. In this rental market (hot hot hot) it seems unlikely that the unit you applied to would stay vacant for very long. The tactic is illegal--but unfortunately effective. You will of course be aware of your right to file tenant applications and you can seek relief for the actions of the landlord from the LTB. I issued the cheque the next day and then the rental company cashed it November 24th. That law, the Residential Tenancies Act, sets out the legal rights of landlords with respect to last month rent deposits. However, you plead reliance on the Notice given and that you assumed it was legal given that it was coming from your landlord. More Heat Please--It's Cold in my Apartment! Nothing in this blog, comments submitted or answers provided, gives rise to a solicitor and client relationship. That being said, the first tenant can be responsible for the costs of mitigation, extra costs on turnover the unit, and expenses associated with the short notice. Hi: To calculate the interest on the last month's rent deposit you need to know what the annual guideline amount is. In my view the same tenancy agreement has continued from the beginning notwithstanding the 4th year of tenancy on a newly executed further one year term. Just the interest for 2015 exceeds the amount of your rent increase. Perhaps it become a basis for termination under an N5 as being a breach of a lawful right interest or privilege? This is none of the landlord's business and an equal split is not to be presumed as tenants often split unequally (better bedroom, more chores, etc.). Also, you technically have the right to seek to assign your lease to someone else. Hi Michael,Thank you for getting back to me. can i refuse? Hi: No the Last Month's Rent deposit is still chargeable. Is this legal? That would leave you in arrears of rent for that month, or if the landlord applied every month of rent to the oldest arrears you would be in arrears for the current month. I presume though, that you did based on a "deal" you made with her--which is fair enough.Hope this helps answer your questions.Michael K. E. Thielewww.ottawalawyers.com. Hello: The landlord and tenant board refuses to help you because your tenancy was likely not covered by the Residential Tenancies Act. Is this true? Initially the last month rent was going to be used for July, but since i left before that date, I would like to get my last month's rent back.It seems normal to me, but from a legal point of view, is this possible? You pay rent for the term of your tenancy. While it seems that your landlord won't care, the Residential Tenancies Act at section 106 mandates that the deposit SHALL be applied to the last months rent. Does this mean I received a freebie month ? It turns out that it is anything but easy. If so, you may indeed have a right to use the Form N15.There isn't much I can do with the applicability of the section to your facts as there isn't enough information. 2006, c. 17, s. 106 (10)There is only one legal deposit that a landlord can take and that is a last month's rent deposit and it doesn't matter how that deposit is worded or what it is called. Rent deposit applied to last rent (10) A landlord shall apply a rent deposit that a tenant has paid to the landlord or to a former landlord in payment of the rent for the last rent period before the tenancy terminates. She also paid one month rent in advance, but we requested it as being the first month (January) of rent. You can do more for him if you wish but I think to do so is entirely gratuitous and it probably won't get you any thanks anyway.Lastly, if you wanted to reach an objective choice I imagine you'd ask yourself what the rental market in your area is like, the chances of re-renting quickly, and getting an increased rent. You seem well informed and know that you are not required to sign anything nor move just because the landlord wants you to. Ask your question here! However, one of the potential units called him for a reference, so now he knows we may be moving out early anyway. Rent deposit, prospective tenant 107. Landlord's Self-Help Centre receives core funding from Legal Aid Ontario. The foregoing are background facts. This would likely be the best money spent as you would have a clear idea of what the legal system is likely to do with your case.Good luckMichael K. E. Thielewww.ottawalawyers.com, Hello Michael! If you are not getting you LMR back from the landlord then you should get it from the assignee (new tenant) because they are getting the benefit of your deposit as it will pay their last month of rent when they move out.Michael K. E. Thielewww.ottawalawyers.com. "There's another issue that falls outside of the scope of this thread,but is related to my query. You are helping a lot of people, who are often in a vulnerable position.On September 30th I gave my landlord 60 days notice to terminate my month-to-month lease on November 30th. The value in you moving out is that the landlord can freshen up the apartment, perhaps paint, stage, and light it in the best possible way. Have an issue with your landlord/tenant? My question is is the tenant obligated to pay last months rent before moving out, given the fact the landlord did not ask for last months rent in the beginning? In other circumstances, a tenant has a duty to mitigate just the same as a landlord has a duty to mitigate. If so, am I correct that we only owe her interest for the 10 months that we held it? Hi Michael, you got it right! I agreed on a 1year lease for August 1. RENT RECEIPTS: WHAT IS REQUIRED FROM A LANDLORD. You applied to rent but did they accept your application? I find this blog extremely useful in fully understanding the landlord and tenant act.I have one short question regarding last months deposit. Hi Rebecca:The last month's rent deposit must be collected prior to the commencement of the lease. This kind of illegal activity doesn't immediately make me think of a form N15 and from what you've written I can't see where the criteria in section 47.3 are engaged.So that being said, I'm sorry to say that I can't be much help. The Landlord should be trying to re-rent the premises to someone else. If you are certain that you are moving out for August 1 then of course you can give your notice and then the Last Month's Deposit will apply to July and nothing will be owed by you to the Landlord.Good luckMichael K.E. It simply does not work this way.From your question it sounds like you failed to get the LMR prior to the start of the tenancy. Hi,I have a question. Meaning, the earliest her notice on April 27 could have been effective is June 30 (again assuming she is on a month to month and not a fixed term lease). If the landlord has kept the money then you can bring an application for a return of the money to the Landlord and Tenant Board. Hi: Firstly, you are not required to move simply because the landlord sold the house. The "if" isn't whether a landlord, generally speaking, can be liable to a tenant for the actions of another tenant--the law is clear that it is possible. Is he still bound by the law or does this clause in the contract allow him to make me pay for something like this?Moreover he gave me 11 days to pay the 300$, and I am wondering: what is my risk if I don't pay him? However, in my view the only way to be sure is to be a little more formal with the landlord. So how can i get my money back of the remaining days of January and the february,2016. It would be very interesting to see if the application to lease contains all of the lease conditions of the Standard Form Lease and any of the additional conditions they attach to it. Hi Michael. When you move out, the deposit money can be used to pay for the last month's rent. Rent increases, Residential Tenancies Act, Ontario, Part VII If I were unable to find a new sublet, would I then be able to keep the deposit to pay for January rent (despite requesting the deposit as a first month rent, instead of last month)? You were happily in your tenancy when the landlord proceeded against you illegally. - I will ask him to provide me with proper written notice of his exact termination date- Since he is giving me 2-3 days notice that he is moving out in 2-3 days, do I have to return his deposit for the month of April?- My finances will be affected as I don't have enough time to re-rent the unit for the month of April and rely on the rent to cover my expenses for the condo.Please help! You have an option to assign your lease and go through those steps. I would not recommend the Small Claims Court. These are technically not recoverable against the tenant at the LTB--these would have to be claimed at the small claims court. Whether you have enough at this stage to make an application worthwhile is for you to decide. I have read something related to rent deposits being only legal in Ontario if it's the last month of rent, so I'm not sure if this would be an issueOn January 5th, my sublet entered the unit with the intention of moving in and sees that the suite has 4 other female tenants, but one plans on having her boyfriend move in with her. If you paid a security deposit when your tenancy started, your landlord is not allowed to keep it to pay for damage or cleaning. Hi Michael. You sign and your landlord signs. Current Situation:-I have a job opportunity which came up suddenly in another province, and I will be vacating by the end of June-I informed the landlord of this and I gave him his options (again, novice landlord) and some colour re: how I myself would make this decision if I were in his shoes: 1. Use CLEO's Guided Pathway to complete Form T1 Tenant Application for a Rebate of Money the Landlord Owes. She mentions to me that she feels uncomfortable with the guy living with them and requests we do something. Would it be appropriate to ask for the deposit to be returned before we move out or have an inspection?Any insights would be greatly appreciated. I spoke to another tenant of our landlord and she says our landlord is under the apparently very wrong impression that this is okay. The sale did not terminate your lease. Then also, do a painfully slow walk through with your video on and take a slow video of the condition of the place--very thoroughly. I think this is a fair reading of this subsection as it is dealing with a right (i.e. Ideally--though, you don't do anything until you're holding a valid N12 notice.Good LuckMichael K. E. Thielewww.ottawalawyers.com. I ended my lease early by assigning my lease to my friend which was accepted by my landlord (a property management company) and they promised any unused deposits will be returned to me. Hence the landlord might feel stuck at the moment and no one has told her that her application of the LMR to rent arrears is improper. August and September---presuming you give the N9 for end of lease).I appreciate your comments about wanting to be ethical and fair. Now, interestingly, because you will not move in nor take possession the landlord will not be able to go to the Landlord and Tenant Board for an order or eviction. The LMR (Last Month's Rent) deposit is required by the Residential Tenancies Act to be applied to the last month of the tenancy. I put through his cheque for October 15 with the understanding that he would live out is last month rent in November. Interest on last months rent deposit : r/ontario - Reddit I explained the situation to the landlord and I asked for a refund for the LMR or even a portion that I had paid but the landlord refused.Meanwhile they had already found another tenant to rent my room to before the start of the lease. He says he does this for all his tenants at all his properties. Hello, My understanding is that the RTA gives the option to the landlord to request one month's worth of rent prior to moving into a place (i.e. They are saying my prepaid last month's rent will only be applied to the month of August, even if I were to move out August 1. Last month's rent in Ontario | Bonnie Hoy & Associates This is fair enough if you have no need take over the unit, no desire to sell it, and the rent you are getting reflects a fair market rent. on the day the first tenant moves out?--30 days? However, often enough, it is just "forgotten". The landlord being aware of the presence of these unauthorized occupants has the choice to apply to the Board to evict them, make a deal with them for a new tenancy, or have a new tenancy deemed with the passage of 60 days. In the same breath, you and your roommates can decide whether to pursue the landlord for your experience (you were denied your right to reasonable enjoyment) if indeed the landlord (in the circumstances of your tenancy) can be held accountable for the actions of your neighbour. Which one trumps? What is interesting in your situation is that the un-returned sum is an illegal security deposit (because it was not for Last Month's Rent). Perhaps the rent amount for the new lease--as opposed to the rent in your lease that could have been assigned--is higher. I just don't understand how the IEU at Ministry of Housing and the Landlord Tenant Board are not agreeing.Thanks so much for anything you can tell us. Even if there is legal responsibility for that rent it makes little sense to pay it.I would expect the following to occur. So my question is , can he serve us with this N4 ?? Is this correct that I need to pay the difference between the last If you have a partial year for the first interest calculation you would take the number of days remaining in the year after the deposit was given. I do realize that technically nothing is valid until he provides us with a N12 which I have asked for. The three of us are then required to pay the full amount of the rent. While it is common for landlords to collect a first and last months rent at the time of signing, the law technically only permits the landlord to get a last months rent deposit at the time of signing and the first months rent on the day that it is due. It provides:Notice of termination43. Did you get this interest? Specialist advice should be sought about your specific circumstances. Alternatively, if you could convince the adjudicator that there was a termination and new tenancy at the end of each 12 month term then you would be correct about the LMR having been used and the landlord not having the right to demand one now. If that's the case, then they did not give me a one month free at all as per their advertisement. Because of this it seems like it would fall under Residential Tenancy Act 47.3(1)(d)(ii), but I am unsure if we qualify for its use under Residential Tenancy Act 47.3(4)(d) since the neighbour lives in another unit below us and not in our unit specifically. I am quite confident that they will not leave by the date issued on the order and that I will have to have the Sheriff enforce the eviction. It is legally meaningless because the Residential Tenancies Act (RTA) doesn't allow landlords to impose whatever terms they wish.There are a few different angles to illegal charges or attempts to illegally retain deposits, application fees, key money, and the like.
