Landlord and Tenant Law questions answered for tenants and landlords by Ottawa lawyer Michael Thiele.
Tuesday, 29 July 2014
Can the landlord demand post-dated cheques or money orders?
REQUIRING POST-DATED CHEQUES IS ILLEGAL
In Ontario a landlord is not allowed to demand post-dated cheques, money orders or any type of direct debit from your bank account. The Residential Tenancies Act is the law that governs residential landlord and tenant relationships and it has specific rules about rent and how it is charged to tenants.
With respect to post-dated cheques and other types of automatic payments this is what the law says:
s. 108. POST-DATED CHEQUES ETC.-- Neither a landlord nor a tenancy agreement shall require a tenant or prospective tenant to,
(a) provide post-dated cheques or other negotiable instruments for payment of rent; or
(b) permit automatic debiting of the tenant's or prospective tenant's account at a financial institution, automatic charging of a credit card or any other form of automatic payment for the rent.
WHAT IS A POST-DATED CHEQUE?
A post-dated cheque, or what is meant by this in the contexted of landlord and tenant law is that a landlord will often ask a tenant to provide 12 cheques, all at once for the monthly rent. The cheques are post-dated, meaning each cheque is dated for the day rent is due in each of the following 12 months. The point of post-dating a cheque is that the cheque isn't "good" or capable of being cashed until the date on the cheque. Therefore the post-dating prevents the landlord from depositing all of the cheques at once.
ARE YOU ALLOWED TO PROVIDE POST-DATED CHEQUES?
Note that the language of the Residential Tenancies Act simply provides that a landlord may not "require" a tenant to provide post-dated cheques. Certainly, providing post-dated cheques can be a great convenience and be easier for both the landlord and the tenant. This is especially true in tenancies where the relationship with landlord and tenant is good. If you have provided post-dated cheques, and this is convenient to you, there is nothing wrong with having done this. If you are a landlord and you have asked for post-dated cheques there is nothing wrong with this either. The prohibition is against "requiring" the post-dated cheques as a condition of the tenancy.
Michael K. E. Thiele
www.ottawalawyers.com
35 comments:
IMPORTANT NOTICE
Any answers provided are intended to reflect the Law of Ontario, Canada. The answers are not legal advice and no one should rely on the answers provided as legal advice. The answers are intended to be general information about Ontario Law and are the personal view of the author based on the limited facts provided to the author. The answers may not be legally accurate and may indeed be contrary to the law of Ontario. Answers and conclusions drawn may have been different if facts had been shared that have not been disclosed in the comment/question. This blog is intended to assist people in learning about Ontario Landlord and Tenant Law. However, if you have actual legal problems this blog should under no circumstances replace proper legal advice obtained by retaining a lawyer or licensed paralegal to advise you. Nothing in this blog, comments submitted or answers provided, gives rise to a solicitor and client relationship. Comments are published as submitted and commenters should be aware that if they identify themselves in a comment that their identity will become public upon the comment being published. Comments that have been published may be deleted upon request to the author.
The content of this article and any responses to comments are intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Hi Michael,
ReplyDeleteRecently I've been in a disagreement with my landlord. About 1 year ago, we moved into a townhouse in Toronto and we signed a formal lease agreement. This summer, when it was time to renew our lease, we verbally agreed to an extension of another year. However, our situation changed and now we are looking to move of our place. We gave our 2 month notice to our landlord, but now she is saying that we cannot terminate the lease because we are breaking the a legal lease. She said that because we gave her a year's worth of post-dated cheques, as well as alleged email and text message agreements ( she says that is written proof), we are in a binding agreement. When we renewed, I don't recall ever signing any formal agreement, nor do I have any emails or texts that confirm our agreement. There are some texts mentioning planning to renew the lease, but I never replied to them. I was under the impression that after the first year, once we renew the lease, the tenancy goes on a month to month basis, thus allowing us to give her a 2 month notice. She has also told me that if I did not agree with her that I should take it up with the Residential Tenancy Board.I can also prove that for a year now, we have had issues regarding our A/C that she was aware about but never repaired. She currently lives about a 6 hour drive from where we currently live, making repairs very difficult. What is your take on this situation?
Hi: In the situation you describe the underlying facts will be relevant to a determination of what your obligations are. The applicable section of the RTA provides as follows:
DeleteDeemed renewal where no notice
38. (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (1).
Same
(2) If the period of a daily, weekly or monthly tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another day, week or month, as the case may be, with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (2).
Same
(3) If the period of a periodic tenancy ends, the tenancy has not been renewed or terminated and subsection (2) does not apply, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy, with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (3).
The key to a fixed term tenancy is setting out the fixed term with precision, much in the same was as the original fixed term tenancy agreement. My feeling is that in order to enter into a renewed fixed term tenancy agreement there needs to be a signed renewed fixed term tenancy agreement and more than just an email exchange as you describe. I don't see the post-dated cheques as determinative of anything given that they are only a matter of convenience and you may demand them back at any time. I'm inclined to accept your explanation that in your mind "renewal" meant month to month as opposed to terminating and moving out at the end of the fixed term lease. Emails and texts are fine things, but what do they say, and more importantly, what do they mean. There needs to be a meeting of the minds with respect to what you were intending to do when dealing with her. If you look at the emails and texts in the context of a tenant who is at the end of their fixed term do they make sense as communications from someone who believes that they have to let the landlord know that they are not moving out but continuing to stay? Clearly you know now that you didn't need to do anything to renew automatically on a month to month but to be fair, a great many tenants do not know that. Many believe that coming to the end of a lease means you have to move unless you "renew". I think your interpretation is fair.
I don't see any issue with 12 post-dated cheques and nothing inconsistent with the view that this is a month to month tenancy. Being month to month is a contractual state that people live in for years and years. At the time you "renewed" you had no plans to move--so why wouldn't you provide 12 post dated cheques?
DeleteIn my view, prove the service of an N9 (Tenant's Notice to Terminate). If the landlord will not confirm to you that she agrees that the tenancy is terminated you may 1) simply move out in accordance with your notice to terminate, or 2) file an application to the Board (Form T2) seeking an Order terminating the tenancy in accordance with the N9. The only reason to go to the Board is to avoid the possibility that the landlord might "sue" for lost rent, report you to a collection agency and basically cause you trouble in the years to come after you move out. There are enough examples of tenants who have moved out, thinking all was resolved, only to discover that their landlord obtained an order against them after they moved out or filed a claim with a collection agency. It is possible of course to fight and fix these things after the fact--but it can be difficult especially if you've thrown out the copy of the N9 (Notice of Termination) that you provided to the landlord when you vacated.
If the landlord puts you to the trouble of going to the Board to terminate the tenancy you may as well file a T6 for the maintenance issue and ask for an abatement of rent while you're there anyway.
Best of luck.
Michael K. E. Thiele
It is also not required for landlords to pickup a cheque or go to a rental unit to get rental payment. It is the tenants responsibility to ensure rent is paid on time.
ReplyDeleteIs the section that says, "provide post-dated cheques or other negotiable instruments" meant to be read as, post-dated cheques or other (post-dated) negotiable instruments? What does "negotiable instruments" mean? Are landlords allowed to require money orders or certified cheques?
ReplyDeleteHi: The term "negotiable instruments" is not defined in the RTA or in the regulations to the RTA. When you look very closely at the caselaw about what a negotiable instrument actually is the whole question becomes rather confusing. However, for the purposes of the RTA I think it is fair to say that what is meant by the term "negotiable instruments" is money orders, bank drafts, certified cheques. What is intended here is that the tenant is allowed to choose how they wish to pay their rent.
DeleteMichael K. E. Thiele
www.ottawalawyers.com
Landlord demanded money orders for first and last month's rent prior to July 2015 as well as post dated cheques for the year. Clearly, we would not get the townhouse if we did not comply. This is B.S. to the nth degree! I only provided the money because I had no choice. Tenants have no rights. Money talks, if I did not give it to them I was told I could not have the unit. It's June 11th and I had to give the money order for July 1st rent and 11 post dates. What can do to report them after I get my unit and not get kicked out?
ReplyDeleteHi: Once your tenancy has commenced and you are in possession you can more easily complain about any illegal actions of your landlord. While you could complain before the tenancy started the likely result, as you indicate, is that you would not get the apartment. Complaining afterwards is not a basis to terminate your tenancy and you can file an application with the Landlord and Tenant Board without fearing a legal termination notice for doing so.
DeleteGood luck
Michael K. E. Thiele
www.ottawalawyers.com
I am currently applying to rent a 2 bedroom apartment, and the future landlord is demanding I provide them with a form allowing automated payments to come out of my account on the first of every month. Is that legal?
ReplyDeleteHi: The landlord is not legally allowed to require you to permit automatic debiting of your account. This is very clearly set out in section 108 of the Residential Tenancies Act.
DeleteWhile the law is clear, you may want to consider how you approach this issue with your prospective landlord. You are not a tenant yet. If you play hardball on this issue you might find that the landlord refuses your rental application. Certainly, if you can prove that this is why your rental application was refused you have a claim to make against the landlord. However, you will still be without an apartment and having a "claim" will be cold comfort when you are apartment hunting.
Good luck
Michael K. E. Thiele
www.ottawalawyers.com
What can you do if the tenant is breaking many tenant laws and bullies you when you report it? But with housing you have nowhere to move?
ReplyDeleteCan you make a formal complaint about laws landlords are breaking after you have moved out for compensation and cause they are doing it to previous and past tenants?
ReplyDeleteHI: I am unsure of what you mean by "formal complaint". Certainly, under the Residential Tenancies Act you may make an application to the Landlord and Tenant Board for a determination of any landlord breaches and compensation owed to you. You may do this after you move out but keep in mind that any application respecting a breach (a specific event) must be brought--at the Landlord and Tenant Board--within 1 year of the date of the incident complained about.
DeleteAs for filing a complaint---there is not anything consistent across the province that I am aware of. You may have some landlord licensing in communities that may accept a complaint and for breaches of the RTA you may consider filing a complaint with the Rental Housing Enforcement Unit--though I would not expect much to come from a complaint to them.
Michael K. E. Thiele
Hi:
ReplyDeleteI am kind of stuck right now and don't really know who's right and wrong. We were given post dated cheques for the year and we were chequing as usual but last December's cheque got misplaced or lost. It is our fault for misplacing it so we did apologize and ask for another one but our tenant doesn't want to write us another cheque since it was our fault. And I honestly don't know what to do.
Any help would be appreciated thanks.
What if you have given post dated cheques and your landlord has not cashed them?
ReplyDeleteHI: What is your concern? It can indeed be annoying when a cheque is not cashed as many people do not maintain a cheque ledger to keep the balance positive. Hence, an uncashed cheque can be a surprise when it is cashed months later or it will go nsf because the funds are no longer there. Ultimately, the Residential Tenancies Act does not address the issue of when cheques must be cashed.
DeleteThe cheques represent rent and perhaps you concern is an allegation that rent is unpaid? You could answer any such allegation with proof that you provided the landlord with post-dated cheques. If you don't have a receipt for the post-dated cheques then perhaps just send your landlord and email reminding him/her that your post-dated rent cheque(s) have not been cashed. This email will also be "evidence" useful to you if the landlord denies having the post-dated cheques.
If the concern is that the landlord has post-dated cheques and won't return them then you would be wise to go to your bank and put a stop payment on each of the cheques.
Michael K. E. Thiele
www.ottawalawyers.com
What if a landlord refuses post dated cheques? It is more convenient for my friend. At the beginning of every month she needs a ride to the bank to get rent. Can they legally do that? She does still get a written receipt.
ReplyDeleteHi: The "ride to the bank" at the beginning of every month makes it sound to me like the landlord is requiring payment in cash? If that's the case it is an odd requirement. I would certainly be inclined to give the landlord post-dated cheques as that is indeed convenient. It is NOT illegal to provide post dated cheques and the landlord may lawfully receive them. It is only illegal for the landlord to require post dated cheques if the tenant does not wish to provide them. There are options today, of course, for transferring money. If your friend has online banking you can email money, transfer money, or even go to the landlord's bank and deposit the money into his account. Requiring "cash" today is an odd thing--and frankly is suggestive of something untoward (though that certainly may not be the case). I'd offer the landlord post dated cheques again and if he won't take them then offer him a single cheque. You can also mail him the cheque on a monthly basis (which seems like a ridiculous waste of time) but your friend could put 12 cheques in 12 separate envelopes and mail them a few days before the rent is due.
DeleteI imagine that the landlord is going to object to getting a cheque at all---presuming they want cash. I think it is quite reasonable to refuse to pay cash (even if the history has been payment in cash). If this came up at the LTB I'm confident that an adjudicator would tell the landlord to take cheques, post dated cheques or offer another way for rent to be paid that doesn't involve the tenant having to go get cash on a monthly basis.
Michael K. E. Thiele
www.ottawalawyers.com
Hi Michael, we have been living at a fixed yearly term residence for 2 years now, paying by e transfer, and we are now renewing our lease but the landlord demands that we pay by post dated cheques. My housemates and I are not comfortable doing this, I know that landlords cannot demand this from us but can he not let us to renew our lease unless we oblige with his demand to pay by cheque?
ReplyDeleteHi: Because it is illegal to demand post dated cheques it would be illegal to refuse to enter into a lease on this basis. Of course, proving it might be difficult if the landlord did not admit the reason for his refusal to sign a further lease. The law does not require the landlord to sign a further one year term if he does not want to. This does NOT mean that your tenancy ends however. In fact, it is somewhat unusual for tenants to sign further leases after the expiry of the first one year term. The tenancy simply goes month to month after the expiry of the first term. The security of tenure is virtually the same for you as tenants. Except that on a month to month you have the right to terminate on 60 days notice. The landlord is still limited to terminating your tenancy in accordance with the RTA and termination because he "feels like it" will not in fact work. Granted, a fixed one year term prevents termination on Not for Cause grounds prior to the end of term however those grounds are already rather limited. Are you sure that you need a further fixed term lease and that a month to month wouldn't be good enough?
DeleteMichael K.E. Thiele
Thank you for the reply, our landlord has been renewing our lease for year to year terms and is looking to renew it again this coming May. How would I go about having the tenancy become a month to month term, is it the landlords choice? My choice? And if I request the lease to be month to month can the landlord refuse?
DeleteHi: There is a deemed renewal of your lease (by law), and it is not the landlord's choice and in fact not your choice either. The deemed renewal happens whether you want it or the landlord wants it UNLESS the lease is lawfully terminated or a renewal is signed. The applicable section of the Residential Tenancies Act is section 38---I will reproduce it here:
DeleteDeemed renewal where no notice
38 (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (1).
Same
(2) If the period of a daily, weekly or monthly tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another day, week or month, as the case may be, with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (2).
Same
(3) If the period of a periodic tenancy ends, the tenancy has not been renewed or terminated and subsection (2) does not apply, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy, with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (3
Hope that answers your concern. Given that it is an important issue you could also call the Landlord and Tenant Board and they should be able to confirm this for you as well. There is a 1-800 number on their website that you can call.
Michael K.E. Thiele
www.ottawalawyers.com
Hi, If the tenant decided to stay after one year lease term. However he is not cooperating for providing additional post dated cheque, are there any rules when the tenant needs to send the additional post dated cheque by?
ReplyDeleteHi: The tenant does not have to provide post dated cheques. This is the case even if there is a written agreement that they will or that they have provided post dated cheques in the past. It is not illegal for tenants to provide post dated cheques voluntarily but you can not force them to do it.
DeleteMichael K.E. Thiele
www.ottawalawyers.com
Hi Micheal,
ReplyDeleteWe have been renting the main level of a bungalow since November 1, 2018. The conditions that the landlord added to the lease was, 10 post dated checks, a damage deposit of half a months rent and she scratched out and modified places on the Ontario tenancy agreement. Our hands were tied and we signed the lease.
She contacts us endlessly through text messages and emails. Things like, we must only clean with vinegar.
There were tenants in the basement but according to her they moved out at the end of February because of our 5 month old baby. I was mortified when she indicated that it was our fault. I reached out to that tenant and she told me that it is absolutely untrue, they actually moved in with parents in Quebec due to a job offer. We are in Ontario. The landlord has moved into the basement now and we feel like we cannot even go outside in case we see her. The emails and text messaging have increased to things such as asking us what we are doing upstairs when we have guests over, which we rarely do as I am stressed out and so tired. My brother just passed away tragically on March 1 and I have pleaded with her multiple times to leave us alone and at least respect our time of mourning, she has not stopped. Just today she accused us from stealing a chimenia from the backyard. I'm overwhelmed and desperately need some sort of resolution. What are our options at this time?
Hi KAitken:
DeleteMy condolences to you for your loss.
As you likely already know (or at least suspect), your landlord is not a stable person. Her demands are not lawful, her emails are harassing, her constant interference in your life is contrary to your right to quiet enjoyment. The best comfort I can offer you is that there is nothing "legal" about what the landlord is doing.
The Residential Tenancies Act has various remedies. You could file an application against the landlord (Form T2), for the harassment etc.. The Board could order the landlord to stop it. The Board may award you a rent abatement or other remedies that you can see in the Form itself. The question of course is whether this will actually help? You have a mentally unstable landlord--will she respect the legal process or simply continue on?
Another option is perhaps to call the police and make a report that you are being harassed by your landlord and now neighbour. Ask for them to speak with her and instruct her to stay away from you and not to contact you. The police might be helpful in this way. Depending on where you live, you might want to stop into the police station to explain your situation and see if you can get some help.
Otherwise, the comfort I can offer you is that you are not doing anything wrong. Your landlord is unstable, and you should feel free to ignore her. Do please keep all the text messages, notes, emails, and communication from the landlord. If it ever comes to it, these things are great evidence and will allow you to easily show what you have had to put up with.
Michael K. E. Thiele
www.ottawalawyers.com
Thank you so much for your condolences and advice.
ReplyDeleteWe will stop into the police station today and see if they can at least speak to her as this would indeed be the most immediate option.
She actually just emailed me last night again and requested our lawyers name. We are a young family and do not have a lawyer. Another email was awaiting me this morning talking about court and judges.
I will also file a T2 right away. I have kept all communication and made notes.
At least till the end of our lease, a little space and peace would go a long way right now. Spring is around the corner and I would love to be able to take the baby outside without being afraid to see her. I can't do that at this time.
Again, Thank you from the bottom of my heart for your time and guidance!
Hi Michael - firstly - KAitken I am so sorry. I wish you were my tenants. Now on to my tenants. They have lived there since July 1, 2014. I allow them to pay their rent bi-monthly (according to his paycheques). The rent was never paid as agreed, but always paid. I have decided to sell the house. We have not had lease for 2 years now - they are month to month. What is the "eviction date" - do I have to match it with the old lease? I.e., I do know that I need to provide them 60 days notice ONLY after receiving a signed agreement to purchase. But, are they allowed to stay in the rental for 60 days after closing or do I give them 60 days notice now, say March 20th, 2019 to be out by July 1st (yes it is more than 60 days notice). They claim they don't have to leave until September 1st (again - no new lease - they are month to month but their previous lease term was July 1 - June 30th) The last lease expired June 30th 2017.
ReplyDeleteHi:
DeleteYour tenants, being on a month to month tenancy are entitled to 60 days notice if the purchaser you find wants vacant possession on closing. If this is the case, the closing date of your real estate transaction needs to be structured to permit the eviction process to start and finish. It is very important that you speak with your lawyer prior to signing an agreement of purchase and sale. I have seen vendors get in trouble when they unconditionally agree to provide vacant possession on closing and are unable to deliver. Just because you serve a Notice of Termination for Purchaser's Own Use (Form N12), and that form is legally correct and meets the requirements, does not mean that the tenants will actually move out. If the tenants refuse to move out you will have to apply to the Landlord and Tenant Board. A hearing will be scheduled and it is virtually assured that even if you win (slam dunk win) the termination date will be changed from the date in your N12 form. Hence, any Agreement of Purchase and Sale--where vacant possession on closing is critical, needs to address the potential of having to go through the eviction proceedings at the LTB (and possibly an appeal) and hence the need for a flexible losing date if the purchaser does not wish to close with a tenant in possession.
Hopefully you have some evidence of a rent due date. Even if rent was paid randomly there will have been a due date at some point. The old lease will be helpful for that. The terms of that lease carry over to the month to month tenancy.
As for how long the tenant's have in the unit all depends on when you can legally serve the N12. You can't serve it in anticipation of a prospective purchaser wanting to occupy the premises. You can only serve the N12 once a valid APS has been entered into and the purchaser advises you that they plan to occupy the premises for residential purposes. Read the termination provisions in the RTA with the circumstances of the purchase for specific guidance. Your real estate agent should be familiar with the requirements.
Lastly, it sounds like your tenants will be a bit of a challenge. Once you are in a position to have served a lawful N12 I recommend that you don't wait to see if they move. Apply to the LTB right away on the N12. The sooner you have an Order from the LTB the better as it is only with an Order that you will have anything close to certainty.
Good luck
Michael K. E. Thiele
www.ottawalawyers.com
Our townhouse complex has been purchased by new owners. They sent out a letter on Friday March 22 asking that all tenants fill out a direct direct withdrawl form for rent to be taking out of their bank accounts for April 1st. Requiring the forms be returned to a email address by March 27th @7pm. No phone to call and ask questions. Just a email address to send the paperwork to, and a promise that further information of the day to day running of the buildings will be provided within 7 days.
ReplyDeleteI know as per section 108 of the Residential Tenancies Act that I do not have to fill in this form. However i have some concerns.
I've been a long term good tenant of 10 years. I usually pre-pay my rent via email transfer with the old compnay.
Can this new company come back and say that this is the only form of payment they offer/accept? Can they terminate my lease for refusing? My current lease isnt up until January 2020.
Hi: The company is going to have to work with you. They can not stipulate that the only method of payment is them auto-debiting your bank account. It sounds like they will appreciate electronic payment methods so this is something to talk to them about. Instead of an e-transfer you might be set up as a bill payment with an account number. I presume that this is just as convenient as e-transfer.
DeleteNo, they can not terminate your lease for refusing their automatic payment system. How rent is paid is something negotiated at the time of the tenancy being entered into. A landlord is not permitted to unilaterally change the manner and location of payment of rent. If the new landlord gets "stupid" about this then the law will be on your side. Absent such behaviour it would be best to simply work it out.
Cheers
Michael K. E. Thiele
www.ottawalawyers.com
i am going to rent a basement, my land lord sent me an application form to fill it out and send it back to him, i filled out my SIN and my chequing account Number, how can i be sure that the land lord is not gonna misuse my bank account # and SIN?, i was checking the application form i found out it same this application form on this website:http://www.freeottawainfo.com/RentApp.pdf .
ReplyDeletehe required as well postdated cheques as well for 12 months, i envisage there is no problem to give him postdated cheques. Please i need ur advise as it is the first time i am goin to sign lease agreement.
Hi:
DeleteYou assume that your landlord will deal with your personal information with professionalism. Unfortunately, there is no guarantee of this and the Residential Tenancies Act is rather useless on this point (i.e. no provisions deal explicitly with this kind of tenant information). If the landlord deals negligently with your information, releases it, loses it, sells it, you will have a right of action against the landlord but of course this may be cold comfort as you are dealing with problems arising from the landlord's misuse of your information.
Now, the good news is that landlord's misusing tenant information is not a rampant problem in Ontario. In my 22 years practicing in this area it has come up only a few times and even then without serious issues just concerns about potential problems.
I think it is interesting that you provided your Social Insurance Number (SIN) to the landlord and that the landlord requested it. This is not information that you are typically asked to provide and just because the landlord asks does not mean you need to provide it.
With respect to postdated cheques the landlord is free to ask and you are free to provide them. However, you can not be required to provide them as a condition of your lease. Post-dated cheques are for convenience only.
Good luck to you.
Michael K. E. Thiele
www.ottawalawyers.com
This comment has been removed by the author.
ReplyDeleteHi: This is right up there with one of the strangest questions I have gotten on this blog. You are in the business of being a landlord. Your customer (i.e. tenant), wants to make sure you have your rent--in full and on time--by giving you post-dated cheques. Your explanation about needing to store them safely as a reason for not wanting them is nonsensical. Presumably you have a file folder, cabinet, ledger book, or other files where you keep your receipts, tax information, rent ledger, bank deposit book, etc.. I don't see why you wouldn't be quite happy to have an envelope with these documents holding post dated rent cheques. You can prepare your banking in advance (not needing to wait for the cheque to be mailed, dropped, off or picked up).
DeleteFrankly, not wanting to take post dated cheques would raise for any adjudicator the question of what is really going on here. There would be a natural suspicion that you simply don't like the tenant and are trying to make life difficult for the tenant. If that's the case, this will only be a problem for you. If you refuse the post-dated cheques you can forget about ever being able to demand rent on time.
The short answer to your question is that the RTA doesn't say whether you can refuse post dated cheques or not. The RTA only states that you can not require them to be provided.
Michael K. E. Thiele
www.ottawalawyers.com