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Legal handing over keys from Tenant to landlord In Ontario Province?
Is it legal for a tenant to hang on to the keys after his tenancy has expired even for a few hours the next day? What about the security deposit, is it not legal for a landlord to hold the security deposit for a period of 2 weeks or till proof of the tenant having paid the utilities and inventory checks done?
This tenant has to move by a specific date but he wants to hold on to the keys and insists on the landlord to return the security deposit immediately and only then will he hand over the keys-The landlord agrees to handover the deposit immediately on condition that the tenant shows him proof of the utilities paid by him and the inventory check done on the last day of his tenancy but the tenant wants to drag it to the next day
How does one address this situation? Responses sent immediately will be grately appreciated-Thanks
2 Answers
- Anonymous1 decade agoFavorite Answer
According the Ontario Residential Tenancy Act:
Landlords can collect a rent deposit up to one month's rent, but this deposit is not a security deposit. In Ontario, "security" deposits are not allowed and are illegal. Last month's rent may be collected as a deposit, but it can never be used to apply to damages. Landlords collect the last month's rent, or if rent is paid weekly the last week's rent, at the beginning of the tenancy and pay the tenant interest based on the Ontario Consumer Price Index (the rate of inflation for the year running from June to May). This deposit may only be applied to the last month's rent. It is not considered a damage or security deposit.
If the landlord finds that a tenant has damaged the unit or caused damage to the building, the landlord can give the tenant a notice and/or ask them to pay for the damages. If they do not, the landlord can apply to have the Board determine if there are damages and what should be done about them.
My understanding of the Ontario Residential Tenancy Act is that it is saying that if a security deposit has been collected from the tenant it has been collected illegally and the tenant has every right to get it back [with interest] immediately. This has nothing to do with withholding the keys. If the tenant has not paid for the utilities and has not returned the keys this would come under the heading of monetary damages and lost or stolen keys. The landlord would still need to go through the proper procedure to recovery any monies owing.
If you think about a little, all the tenant has to say is that he has lost or misplaced the places and cannot find them. You would have no recourse but to return what money is owing to him.
Bottom line: return the security deposit with interest immediately or he has grounds to sue you.
- Anonymous4 years ago
because of the fact the owner owns the development he actually could have keys..in case you get locked out he wiill have a spare and what if their is a hearth alarm going off do you anticipate him to could smash down the door. i in my opinion won't enter an house without giving 24 hours be conscious till it a flood or different dire Emergency--even then i will attempt to tell the tenant... till now you believe your landlord--i might think of long and not effortless on the subject of the lacking money. Who knew it grow to be their ? so an prolonged way as your stay wires--ask him returned to repair them. in case you accuse him of stealing and cant instruct it----you will land up in a feud which will consequence in you having to bypass.