Do I need to sign a lease or tenancy agreement?
This depends on the choice of rental period, which can be periodic, fixed, or any other term.
- Periodic lease: one is not required to sign a lease or tenancy agreement.
- A fixed term lease of more than 3 months: must be in writing.
If the rental agreement is written, the landlord must give a signed copy to the tenant within 20 days of when the tenant signed it.
Is a signed move in/move out condition report required?
May the landlord request a security deposit?
Yes, but there are regulations:
- The amount of the deposit must not exceed one month’s rent.
- It may be used by the landlord to cover any loss, including damages.
- The security deposit can be paid in two installments:
- A landlord may require the tenant to pay up to one-half of the security deposit at the beginning of tenancy or within 30 days of receipt of a written demand for payment.
- The remainder is due within two months or 60 days after receipt of demand for payment.
- The landlord has 7 business days after the tenant moves out to obtain the written consent of the tenant to keep/access the security deposit and interest, or give notice to the tenant of a claim against the security deposit.
- The tenant must provide a forwarding address to the landlord. If no forwarding address is provided to the landlord, the landlord is not obligated to send a notice of claim. If the tenant has provided a forwarding address to the landlord, and the landlord has not returned the security deposit or provided a notice of claim, the tenant may apply to the Office of Residential Tenancies for an order to require the landlord to return the security deposit.
May the landlord request key money?
Yes, requiring key money is not illegal.
May the landlord request post-dated cheques?
May a landlord refuse to rent to a tenant who has pets or smokes?