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ONTARIO: Landlord 'requires' a security deposit - my rights?

ONTARIO: Landlord 'requires' a security deposit - my rights?

Postby anson34 » Mon Oct 31, 2011 9:22 am

Hi all,

First of all, this question applies to Ontario which, if you are familiar with the Residential Tenancies Act, disallows security deposits. Landlord are only entitled to collect the first and last months' deposits.

Here's the story - I'm an International Student and will be flying in to Canada next month to begin my studies at a University in Ontario (going to keep this a little anonymous for the benefit of all). I've been looking to find a place to stay though it's really rather difficult to do that via the 'net, as you can imagine.

There's a place a friend and I have found which is quite pleasant, close to campus and generally well-maintained, by the looks of things. The landlord owns many properties in the area and so I would be surprised if they've not got a very good idea of what they're supposed to be doing by now.

However, I'm a little suspicious of the set-up and there are a couple of things that have made me hesitate going any further with this deal - unlike my friend, who's unfortunately already gone and paid their deposit.

One of these is the small matter of a security deposit. I know it's illegal for the landlord to ask for one, but in addition to the first and last months' rent, he has put $150 'for security' over and above that. Upon inquiring as to why they felt it necessary to put an additional (illegal) charge on the deposit, the reply came "[the landlord] has had such bad experience with students that he is only willing to rent to students that agree to pay such a deposit. It is therefore up to you to decide if you would like to rent from us or not."

So. This really stinks. While I realise it's only $150, it's more a matter of principle; and if they're so happy to go ahead and break the law, could they be trusted if things turned sour?

However, what I really wanted to know was that, if I were to go ahead and give them their cash, by my prior knowledge that such a payment is illegal, would I have any recourse by which I would be able to get the $150 back? Or would it be the case that, knowing such a transaction shouldn't happen, I lose any indemnity if I'm to go ahead and give them what they're wanting?
anson34
 
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ONTARIO: Landlord 'requires' a security deposit - my rights?

Postby eochaidh94 » Mon Oct 31, 2011 9:31 am

Dude.. let me explain something... as a matter of principle. Do you own property? Have you ever owned property? If not then you know absolutely Zero about renting to undergraduates. While you and your room mates may be the exception, the rule is that the place will be destroyed and require repair once you leave. That's a completely justified assumption based on what I've seen during my academic career. If you don't like the terms... look elsewhere.

It's no different than having to pay extra to rent a car when you're under the age of 25.
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