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Landlord & Tenant Frequently Asked Questions

What is a security deposit? Is a sum held in trust either as a initial part-payment in a


purchasing process.
Must a landlord provide a receipt for a security deposit? A landlord should give a
receipt stating the amount of deposit the date of payment and the promises to
which it applies.
Does a landlord have to pay interest on a security deposit? A security deposit is a
one-time payment and cannot be more then ones months rent.
How much can be charged for a security deposit? Suppose that you have agreed to
rent an unfurnished apartment for $500 a month. Before you move in, the landlord
can require you to pay up to two times the amount of the monthly rent as a security
deposit.
How much time does a landlord have to return a security deposit after the tenant
moves out? Landlord must pay tenets interest on security deposit right away.
What is a rental agreement? Is a contract between the landlord and the ternate
whereby a landlord gives a tenant the right to occupy the residential premises.
What are the types of rental agreements? Month to month agreement- do not
contain specific time limits, one way leases- are month-to-month agreements where
the landlord charges a termination fee or waives the deposit if the tenant moves out
before a certain number of months and fixed term leases- are rental agreements for
a specific period of time. They must be in writing. One-year leases are very
common. Under RCW 59.18.210 , leases over 12 months must be notarized in order
to be valid.
Must a landlord give a copy of a signed rental agreement to the tenant?
Both landlord and tenses must sign and date the agreement.
Must a landlord give a tenant a copy of the Residential Tenancies Act? At
the request of a tenant at the start of a new tenancy, the landlord must locks so
that keys or other means of access given to the previous tenant do not give access
to the rental unit, and.
What is a Rental Premises Condition Report form? When a bond is paid, a landlord or
owner must prepare a condition report which notes the general condition of the
property, room or caravan, including fittings and fixtures. The landlord must
complete this report before you move in and give the tenant or resident two copies.
The condition report is important because it can be used as evidence if there is a

dispute about who should pay for cleaning or damage, particularly at the end of a
tenancy.
Does the Residential Tenancies Act apply to a verbal rental agreement? The Act
does not apply if the tenant must share a kitchen or bathroom with the
new tenancy is entered into, the landlord and tenant can sign a written agreement,
whether there is a written or oral lease, landlords must provide new tenants
Can a landlord request postdated cheques for rent payments? Paying rent by postdated cheques is convenient, but it is illegal for the landlord to ... If you don't move
or pay the rent, your landlord can request help
Are there residential premises not covered by the Act? There are certain premises
which do not come under the Act, such as accommodations:

where meals and bed linens are provided;

where the owner shares bathroom and kitchen facilities with an occupant, as
in a boarding home;

provided by an educational institution to its students (including units owned


by Memorial University of Newfoundland);

provided by religious, charitable or non-profit organizations;

in a hospital or nursing home;

Occupied on a transient basis provided in a hotel, motel, inn, tourist home or


hostel.

Does the Act apply to business/commercial rental agreements? No, the Act does not
apply to this type of landlord-tenant relationship.

Is a tenant responsible to have insurance on his/her personal belongings? Yes, a


tenant is responsible to carry insurance on his/her personal belongings. A tenant's
personal belongings are not covered by insurance the landlord may have on the
residential premises.
When a rented premises is sold to a new owner, does the rental agreement
continue? Yes, the Rental Agreement continues as if there was no change in
ownership, however a foreclosure may result in an exception.
What happens to a security deposit when there is a change in ownership? The new
owner will be responsible for the security deposit.

Can a landlord charge a fee for late payment of rent? Yes, the landlord can charge
$5.00 for the first day the rent is late and $2.00 for each additional day the rent is
not paid up to a maximum of $75.00.
Can a landlord charge a fee if a tenant's rent cheque is returned because of nonsufficient funds (N.S.F.) in the tenant's account? If a rent cheque is returned N.S.F., a
landlord may charge a fee not greater than $25.00.
Can a tenant withhold rent because a landlord is not maintaining the premises? No,
not paying the rent may result in the landlord serving a short Termination Notice the
tenant has other options to have a landlord carry out required maintenance work.
The tenant should contact the landlord in writing outlining the maintenance work
required. If the landlord does not then carry out requested maintenance work, or if
any work carried out is not satisfactory the tenant may contact the Division for
assistance.
Can a landlord terminate a rental agreement when the tenant does not pay rent?
Yes, a landlord can give a short Termination Notice when the rent is not paid. Please
refer to our Information on Termination Notices
Can a landlord increase rent by giving a verbal notice to the tenant? No, a landlord
must give the tenant a written notice to increase the rent.
Can a landlord increase rent anytime? A landlord cannot increase the rent during
any fixed term rental agreement or during the first 12 months of a week to week or
month to month rental agreement.
Is a tenant responsible for damages to the residential premises? A tenant is
responsible to repair damages where the tenant or one of the tenant's guests or
visitors caused the damages.
What can a landlord do if a tenant has not repaired damages? A landlord can
request in writing a tenant to repair damages. If the tenant fails to do the repairs
within 3 days, or a reasonable time, if appropriate, then a landlord can give a tenant
a written Termination Notice of not less than 5 days
Can a termination notice be verbal? No, a termination notice must be in writing.
Where can I get a copy of the Residential Tenancies Act? Official copies of the Act
can be purchased for $5.25 (including tax) at our Locations and at the Government
Service Centers. Credit card, debit card, cash, cheque and money order payments
are accepted. Cheques and money orders must be made payable to "Newfoundland
Exchequer". You can order copies by phone using your credit card by calling 1 877
829-2608.
If a landlord gives a tenant a Termination Notice in writing, is the tenant required to
give a written notice of his departure? Yes, all notices of termination by a landlord

will also require a written notice from a tenant when he is leaving, otherwise rent is
payable to effective date of termination.