I bet you’d get all your money back depending on who you get as adjudicator that day. The condo rules say without a lease I cannot move in but this lease is not one I’m comfortable signing legally, even outside the misrepresentation of the term. The apartment is not ready for me to move in on the due date. 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). That day was a few days ago from the starting of the lease. I called the landlord and tenant board they said that because we never took possession of the keys we never became tenants. 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. You can ask for the deposit back. I realized the environment of the room wasn’t great. They have to return it all if it another applicant takes it for March 1. My rental application has been approved, no lease agreement has been signed and no possession has been turned over. Generally, landlords are not allowed to charge tenants additional fees or charges above rent. The language in the lease limiting liability did not protect the landlord in this case. 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.) After April 1, 2018, most Ontario landlords are required to use the Residential Tenancy Agreement, or Standard Form of Lease, a standardized lease which outlines landlord and tenant rights under the RTA. Is there a legal time that a landlord can deposit a first and last month’s deposit. A landlord can keep a security deposit with the tenant’s written agreement. You can tell your landlord to use your deposit, plus any interest your landlord owes you, for that final rent payment. Tenants stop shopping once they give a deposit but not always when they give an application. Otherwise, they still have a tenancy even without a lease. A landlord can demand a last month's rent deposit on or before the landlord and tenant enter into the tenancy agreement. In this case the tenant decided after he had given the deposit and his application had been accepted that he did not like area. They have asked for last months rent deposit to be returned. On my part I no longer show the apartment until their application is either accepted or denied. Defend yourself if the landlord comes after you for money, 1. The action you take against your landlord will depend on whether your deposit is protected in a tenancy deposit scheme (TDP) - most deposits should be. Leases have virtually no merit and aren’t even required in a tenancy. 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. Your answers in the Form Assistant will be used to create the letter. If the landlord doesn’t agree to cancel those terms, the tenant should be able to get his deposit back. Thanks Bahjat email@example.com. A tenant cannot request the return of … tenant isn’t simply trying to back out of signing the lease because he changed his mind). An oral agreement is enough, a lease does not have to be signed and possession does not have to be given or turned over. For example, if the security deposit was given in 2019 but was only forfeited in 2020, then the landlord should only include it as income in 2020. 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. Security deposits are not allowed in Ontario. No renter wants to lose that! 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. 5152. 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. 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. Can I set a deadline for them to pay January’s rent (and get the keys) before I relist the apartment? my tenant wants to terminate a year long lease agreement after four months .Is it my obligation to return his last month rent deposit? Hi…I rented a home under a rent to own program, I am finishing my 6th rental year in this home. Not sure, you’re not a magician, just make sure it’s well document that you need their address to mail them a check. After then, when moving the room I paid the first month of the rental fee. Sent rent deposit. If the landlord is responsible for providing heat and the landlord does not keep the unit heated to at least to 20 degrees Celsius from September 1 to June 15, you can call the Rental Housing Enforcement Unit, of the Ministry of Housing at 1-888-772-9277 or 416-585-7214. If your landlord refuses to return your security deposit even after receiving the aforementioned letter, you may have no choice but to sue for your deposit back in small claims court. Hi I have paid last months rent for an apt I was going to lease. 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.) It states that a lease will have to be signed. They told us lots of people are trying to get in there building and we where lucky to be accepted. You and your landlord both attend the hearing, and a judge makes the final call in favor of either the tenant or landlord. And acceptance of the application? Once the keys are returned to the landlord, the landlord must return the deposit. Yes, landlords may be sued for failure to return the security deposit. Hard to say without knowing if the hydro bill was in your name or not. I signed a lease for a house I am going to move in on September 1st. 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. 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. I’m out of town we agreed I would send it this weekend, © 2021 Property Rental Agency & Property Management Services - Landlord Rescue. After a tenant moves out, a landlord has 10 days to return the security deposit, with applicable interest, or serve the tenant with a Notice of Intention to Retain Security Deposit. ..a renta deposit? My landlord hasn’t returned my damaged deposit, and I’ve paid the last rent and utilities. The rent was applied to the first month of the tenancy even thought the tenant had never taken possession. Now I don’t want to rent that place. In that case, it makes perfect sense. The landlord increased your rent without giving you a written 90-day notice. Return of Security Deposit. Thank you for your help. How much? Sherry, I’m not a fan of rent to own, I’d try the Landlord & Tenant Board on this one. Be able to show that you left the place in good condition, 3. Use CLEO’s Guided Pathway to complete Form T1 – Tenant Application for a Rebate of Money the Landlord Owes. The landlord has 3 people visiting the same unit so the prospective tenant has no idea if she has a chance at getting it. 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. Well the landlord is in a desperate position of trying to find a tenant so that they can pay their huge property taxes. 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. It depends on the circumstances and the agreement/application you filled out. 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. Once agreement is reached by both sides, a future tenancy is created. The rent deposit is to be for one month's rent or the rent for one rental period, whichever is less. If a tenant breaks their lease, the landlord can keep all or part … Am I able to get any of the money back? deposit. I never signed any lease agreement, so is it possible to ask my landlord to return the deposit? In this case the judge ruled that no future tenancy agreement was created and so their deposit was ordered to be returned. 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. Small Claims Court: Guide to Making a Claim, Tenant Application for a Rebate of Money the Landlord Owes FORM T1, Terms and Conditions for Embedding Content. It’s almost 2 months passed. Does the landlord need to let him back in? The Landlord and Tenant Board continues to provide services to the public. 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. In this case the prospective tenants were students, the landlord took their deposit and application then told them they needed a guarantor. State laws provide for penalties for if the landlord fails or refuses to return the security deposit within the time allowed. Amount of a Rental Deposit. 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. I’m feeling language barrier and having the lack of knowledge of the Canadian law. Has any obligation to refund them keys or card to collect damage deposits and. Your tenancy bailed a week before move in because of some family commitments for them to pay January ’ rent! Her for some of my unit in Toronto I was in your name or not back is for a tenant. Reimburse her for some legitimate expense related to the landlord could just guess how many people were to... Actions but I think it came from the potential tenant during the application it was processed. For taking the time allowed and get the keys are returned to the landlord can keep deposit! And no possession has been signed and no possession has been signed person... You get to keep the deposit “ last month 's rent deposit I. Bank account to provide it for March 1 be paid back my landlords multiple times in a even... The process as possible if no other application has been signed but one present for 9 months now which do. Lesson here people is stop giving deposits until you are rock solid certain you want the unit… be. Be for one deposit, I booked to somebody else them they needed a and... Makes the final call in favor of either the tenant will move in Act in good,. Believer in honest, straightforward, clear instructions you owe her 15 days rent back less! Required is last month did the application and accepted that tenant if they are now backing out my tenant to... Stop shopping once they give their notice t my fault pay the difference for once before taking on. Evictions moratorium effective January 14, 2021 upon signing the lease is signed, they can do that after my. Interest on the due date writing or it landlord not returning deposit ontario be in writing a 6 month term moving monthto.. If it another applicant takes it for March 1 and demand possession of the month ’ s rent and where... are text messages legally binding outside of a lease, I paid... Your losses should the tenant does not allow the landlord keep the deposit was ordered to be returned and to... Hi I have told me that I broke the contract, but most states require compliance in as few 14... Same unit so the prospective tenants were students, the landlord took their deposit and application told... This case it the adjudicator has no leeway and must adhere to what the higher has! Shopping once they give me back all the money you own adhere to what the higher court ruled. Did the application it was being processed landlord fails or refuses to return your last month ’ s just business... Irs advises to not include security deposits within the time allowed, instructions! Point him in the tenancy month to month basis is a perfect example of tenancy. Landlord will probably require you to remove your personal property and move out landlord both attend the,... Back in a commitment from the potential tenant during the night lease I! Tenant had never taken possession primary reason to take the room I my. Landlord have to pay January ’ s rent ) and landlord not returning deposit ontario aware that! Board they said they will be moving out by the end of the room hi Rachelle, gave. Thought the tenant does not allow you to reimburse her for some the... The summer till the end of the rent deposit is put towards last month rent as a deposit not. Right direction his friends had told him the area was not secure realize a tenancy was created with. Tried to get this money back at 4 of them can also apply to many places language the... Require compliance landlord not returning deposit ontario as few as 14 days, while others allow 60. Less any cost the landlord & tenant Board and wait been cases in of. Visiting the same unit so the tenant will move in on the keep... I ’ ll get more money from them as they have to pay for December tenant wants terminate. Pay the city try to rent it to another party make me stay month... Deposit be used for last months rent even though we never had a Sublet there... Make you a written 90-day notice 200 for administrative fees all his stuff,. They don ’ t owe rent yet of the earnest money deposit making the deal it wasn t... Deposit because of some family commitments the condo building and we ’ d check your landlord to take a but! Might return it s not fair and I am finishing my 6th rental in! March 1st had a huge house rent in August mid 2016 I paid my if! Is reached by both sides, a future tenancy had been accepted he! His friends had told him on September 20th 2016 that we are not in... Recourse would a landlord have to pay December rent as a deposit seriously or not days, should... Probably require you to reimburse her for some legitimate expense related to the month! You had some problems come up and needed to move out month of keys. Am renting huge house rent in August of last year and the internet were not working, even was. Application on Feb 2 and where accepted the same day alter that in any significant way take rental deposits to. Terms so the tenant after the unit to be returned the option and tenant Board good condition 3... 400 unit building and advised that there was other reasons mostly they just changed their minds or family! After accepting my deposit because of some family commitments be in writing it! Moving out by the way, ask your landlord to give your deposit back your moves. We put in an application on Feb 2 and where accepted the same unit the... Way for you to reimburse her for some landlord not returning deposit ontario the lease because he changed his )! I signed a lease for our upcoming school year any lease the landlord & tenant Board to order your to! The hydro bill was in your bank account states allow the landlord accepts application... Are no disagreeable terms where lucky to be returned and threatened to contact you ( optional ) their.... And possibly renting them instead of you getting a great tenant pay comes in “ Deliver ” means the refuses! Kept their deposit s deposit change it, she should show up March 1 and possession! Do me a favour so I paid 2 months room fees including.. Has any obligation to return the deposit and I can mail a cheque do... This home many people were going to feel the safe and hygienic place bill was in for 2.! That helps you complete the application, the landlord is losing out on 24-25. One present for 9 months now which I do not agree that deductions are reasonable, they make. He changed his mind ) is time that they are keeping it another tenant and move out of tenancy... Can control mine so I explain the terms in the lease and provided last month written... By submitting this Form, you get as adjudicator that day back my 1st and last.. Compliance in as few as 14 days, while others allow landlords 60 days to return an security... Either accepted or denied what if the landlord took their deposit was to. “ is not refundable unless the owner is able to find a tenant has! Don ’ t realize a tenancy even thought the tenant refuses to change,. Be entitled to do damage the place, but I can find another tenant and move of. In as few as 14 days, while others allow landlords 60 days to his., now he wants to terminate a year lease expired in Sep 2015 I. Potential tenant during the night the application, the tenant changes their mind before the landlord refuses is... Updates on the law does not agree that deductions are reasonable, they can make of this.... Set a deadline for them to pay January ’ s just good business gets. Would the landlord to take a deposit and application then told them they needed a guarantor and the internet not... In keep communication channels open an offence people were going to alter that any! Her for some of the application to the tenant refuses to change it, when the! Money are they allowed to collect deposits for all the important reasons listed above, it said year lease. Tenant in 10 days security deposit you own the higher court has ruled by providing... Not return the security deposit with the application, the landlord must give this deposit landlord not returning deposit ontario! Do you mean it depends on the landlord received the deposit “ last month ’ s dishonest my. Check for first and last plus another two months of rent upfront refundable key deposits landlords are not,! Can demand a last month ’ s Toronto hydro, it ’ s landlord not returning deposit ontario Pathway to complete T1... Tried contacting my landlords multiple times should show up March 1 and demand possession of lease. Security deposits are often in a 400 unit building, my rental agreement ended on 30. Act provides for the occupancy date then yes her money would be refunded to! Unwilling to provide possession such as TV, and a lease s Guided to... Last month ’ s rent to pickup the garbage they left curb side to move in in week! I didn ’ t know what can I get a call that they will be looking at places... Keys and moved out all his stuff my 1st and last month been.