Do I need to sign a lease or tenancy agreement?

No. A verbal agreement is binding; however, a signed written lease form is recommended.

Types of rental periods, which determine how long you can stay in the apartment:

  • Week-to-week
  • Month-to-month
  • A fixed term of not less than 6 months and not more than 12 months

Is a signed move in/move out condition report required?

No. A checklist is recommended, but is not mandatory.

The following is a sample form provided by the Government of Newfoundland: http://www.gs.gov.nl.ca/landlord/condition_report.pdf

May the landlord request a security deposit?

Yes, but the amount of the security deposit allowable depends on the term of the tenancy:

  • For monthly or term tenancies: a maximum of 3/4 of the first month’s rent
  • Weekly tenancy: no more than the amount of the rent payable for the first 2 weeks.

Landlords must request a security deposit before the tenant moves in and deposit it in a trust account within 2 days of receiving the deposit. The security deposit must be refunded to the tenant within 15 days of moving out or the landlord may apply to the Residential Tenancy Section to keep some or all of the deposit. If there is a dispute over the deposit refund, either the landlord or the tenant may apply to the Residential Tenancies Section for the security deposit. The interest rate on the security deposit is calculated as simple interest, not compounded. The landlord must pay the interest once the tenant moves out. The interest rates are set each year in December.

May the landlord request key money?

No, requiring key money is illegal.May the landlord request post-dated cheques?

Yes

May a landlord refuse to rent to a tenant who has pets or smokes?

Yes.  However, if smoking and pets are allowed in the tenancy agreement, or the agreement does not address these issues, they are permitted in the rental unit.