Real Estate

Security deposit

  • Last Updated:
  • Jul 3rd, 2021 1:30 pm
[OP]
Member
Mar 26, 2013
424 posts
63 upvotes
Toronto

Security deposit

Is it legal in Ontario to charge a $100.00 security deposit and use that towards last months rent?

Also to charge first and last months rent together?

Thanks
3 replies
Deal Addict
User avatar
Nov 2, 2020
1438 posts
2075 upvotes
lovetolearn wrote: Is it legal in Ontario to charge a $100.00 security deposit and use that towards last months rent?

Also to charge first and last months rent together?

Thanks
They can charge first and last months rent together

A landlord can collect a rent deposit as long as they ask for it on or before the day that the landlord and tenant enter into the tenancy agreement. The rent deposit cannot be more than one month's rent or the rent for one rental period, whichever is less. For example, if rent payments are made weekly, the deposit cannot be more than one week's rent; if rent payments are made monthly, the deposit cannot be more than one month's rent.

The rent deposit must be used for the rent for the last month before the tenancy ends. It cannot be used for anything else, such as to pay for damages.

That’s from the tribunal site. Also in Ontario the rental laws don’t allow for a security deposit to be collected

Security deposits, limitation
105 (1) The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 106. 2006, c. 17, s. 105 (1).

Definition
(2) In this section and in section 106,

“security deposit” means money, property or a right paid or given by, or on behalf of, a tenant of a rental unit to a landlord or to anyone on the landlord’s behalf to be held by or for the account of the landlord as security for the performance of an obligation or the payment of a liability of the tenant or to be returned to the tenant upon the happening of a condition. 2006, c. 17, s. 105 (2).

Rent deposit may be required
106 (1) A landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement. 2006, c. 17, s. 106 (1).
Sr. Member
May 3, 2013
754 posts
456 upvotes
Toronto
What is your intent for the $100 security deposit?
You are allowed to ask for a key deposit, but the amount cannot exceed the actual cost to replace the key/fob.

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