Landlord Tenant Rules

What is a security deposit?

A security deposit is a sum of money or other value given to the landlord,
that is in addition to the rent paid in respect of the residential premises, and
is held as security for the performance of an obligation or a liability of the
tenant

Must a landlord provide a receipt for a security

deposit? A landlord shall give the tenant a written receipt stating the
amount of the deposit, the date of payment, and the premises to which it
applies. The security deposits not an asset of the landlord, but must be
held in trust by the landlord.

Does a landlord have to pay interest on a security deposit?

Landlord shall also pay interest on the security deposit for the entire period
the landlord has had the security deposit.

How much can be charged for a security deposit?

The amount of the security deposit that a landlord can ask a tenant to pay
depends on the type of rental agreement:
•
If the premises are rented from week to week, the deposit cannot be
greater than the rest two weeks rent;
•
For a monthly rental agreement, it must not emceed three! “Ureters of the
rest months rent;
•
Where the premises are rented for an end term of months, the deposit cannot
emceed three! “Ureters of the rest months rent if the rent was proportioned
to a monthly payment.
How much time does a landlord have to return a security deposit
after a tenant has moved out?
The landlord shall return the security deposit to the tenant within $& days
after the tenant vacates, unless the landlord has a claim for all or a portion
of the security deposit. A landlord can keep a security deposit with
the tenant's (rotten) remission.

What is a rental agreement?

The*evidential Tenancies Act refers to landlord and tenant relationship
as a rental agreement. The agreement cane oral or written and is a legal
binding contract between the parties. +t maybe simple and brief, or it may
contain extra conditions or obligations. Any and all changes or additions to
a verbal or written rental agreement should always be noted in writing. +t is
important to note that any conditions or obligations in a rental agreement
are not valid if they contravene the Act.

What are the types of rental agreements?

Month! to! Month, week! To! Week- and fixed term leases

Must a landlord give a copy of a signed rental agreement to the

tenant?
-as, the landlord shall give the tenant a duplicate copy of the*entail
Agreement within $ days after the date of signing by all parties.+f the
landlord fails to do this, the tenant is not obligated to pay rent until the
tenant receives a copy of the rental agreement.

Must a landlord give the tenant a copy of the Residential Tenancies

Act?
-yes, a landlord has to provide a copy of the Act, without cost, to the
tenant, upon entering into a rental agreement.

What is a Rental premises! Condition Report form?

The*entail) remises/condition *export is completed, signed and dated by
the tenant and landlord to show the condition of the residential premises at
the beginning and end of the rental agreement. A tenant can use it to
show there were damages before the tenant moved in. A landlord can use
it to show damages which were not there before the tenant moved in.
0oes the *evidential Tenancies Act apply to a verbal rental agreement? -as,
the Act applies to a verbal rental agreement. /a landlord request post dated
cheques for rent payments? -as, the landlord can request post dated
cheques.

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 1including units owned
by memorial 2niversity of 3ewfoundland4;
•
Provided by religious, charitable or none! Port organi5ations;
•
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?

3o, the Act does not apply to this type of landlord! Tenant relationship.

Is a tenant responsible to have insurance on his or her personal

belongings?
-as, a tenant is responsible to carry insurance on his6herpersonal
belongings. A tenant's personal belongings are not covered by insurance
the landlord may have on the residential premises.

When a rented premise is sold to a new owner$ does the rental

agreement continue?
-as, the*entail Agreement 17% 894 1written orverbal4 continues as if there
was no change in ownership; however 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.

A landlord charge a fee for late payment of rent?

-as, the landlord can charge for the rest day the rent is late and for each
additional day the rent is not paid up to a maximum of

A landlord charge a fee if a tenant’s rent cheque is returned because

of non su'cient funds in the tenants account?
Aren’t cheque is returned a landlord may charge a fee not greater

A tenant withhold rent because a landlord is not maintaining the

premises?
3o, not paying the rent may result in the landlord serving
assort Termination 3otice. 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. +f the
landlord does not then carry out requested maintenance work, or if any
work carried out is not satisfactory the tenant may contact the 0ivision
for assistance.

A landlord terminate a rental agreement when the tenant does not

pay rent?
-as, a landlord can give a short Termination 3otice when the rent is not
paid.

A landlord increase rent by giving a verbal notice to the tenant?

3o, a landlord must give the tenant a written notice to increase the rent.

A landlord increase rent anytime?

A landlord cannot increase the rent during any end term rental agreement
or during the rest month’s oaf week to week or month to month rental
agreement.

A tenant responsible for damages to the residential premises?

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?
Landlord can request in writing a tenant to repair damages. +f the tenant
fails to do the repairs within > days, or a reasonable time, if appropriate,
then landlord can give a tenant a written Termination 3otice of not less than
&days.

A termination notice be verbal?

3o, a termination notice must be in writing.

a landlord gives a tenant a Termination) notice in writing$ is the

tenant required to give a written notice of his departure?
-as, all notices of termination by a landlord will also require a written notice
from tenant when he is leaving, otherwise rent is payable to defective date
of termination.