East York Tenants Group

IMPORTANT LINKS FOR TENANTS

NEW TENANTS

According to the Landlord and Tenant Board regulations, Landlords must give all new tenants a copy of the Information for New Tenants brochure on or before the day the tenancy begins.  This document is available at this link: http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111600.html

RENT DEPOSIT AND OTHER CHARGES:
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111479.html

Does a landlord have to pay interest if a rent deposit is collected?
Yes, the landlord must pay the tenant interest on the rent deposit every 12 months.  The amount of interest that a landlord must pay is the same as the rent increase guideline that is in effect when the interest payment is due.  The guideline is set each year by the Ministry of Municipal Affairs and Housing.

If the landlord does not pay the interest owed to the tenant when it is due, the tenant can:

• deduct the interest from a future rent payment, or
• file a  Tenant Application for a Rebate (Form T1) to the Board- Check this link: http://www.ltb.gov.on.ca/en/Law/251899.html.

Damage deposit – The regulations of the Landlord and Tenants board are clear on this matter.  Here is the direct quote:

This deposit must be used as the rent payment for the last month or week of your tenancy.  It cannot be used for any other reason, such as to pay for damages.  A landlord must pay interest on the deposit every year.

Damage to the unit or building – If the landlord finds that a tenant has damaged the unit or caused damage to the building, the landlord can give the tenant a notice and/or ask them to pay for the damages.  If they do not, the landlord can apply to have the Board determine if there are damages and what should be done about them.  For more information about the remedies available to a landlord if a tenant causes damage, see the Board’s brochure on Maintenance & Repairs: http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111464.html

It is clear that in cases of damage to the unit done by the tenant the Landlord cannot apply the last months rent to cover damages caused. However, it is also clear that tenants have responsibilities related to their tenancy agreement and landlords can seek remedies through the Landlord and Tenand Board to be reimbursed for damages to the rental property caused by tenants or their guests.

More detailed information on Tenants Rights and Responsibilities, and Landlord Rights and Responsibilities can be accessed here:
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111600.html

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NOTE – We would appreciate it if you notify us of any errors, omissions or broken links.