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1. 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

2. 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 deposit is not an asset of the landlord, but
must be held in trust by the landlord.
3. Does a landlord have to pay interest on a security

deposit?
When a security deposit is refunded to a tenant, a landlord shall also pay interest on the security
deposit for the entire period the landlord has had the 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 first two
weeks rent;
for a monthly rental agreement, it must not exceed three-quarters of the first months rent;
where the premises are rented for a fixed term of 6 to 12 months, the deposit cannot exceed
three-quarters of the first months rent if the rent was proportioned to a monthly payment.
5. How much time does a landlord have to return a

security deposit after the tenant moves out?
The landlord shall return the security deposit to the tenant within 15 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 Written Permission.
6. What is a rental agreement?

The Residential Tenancies Act refers to a landlord and tenant relationship as a rental agreement.
The agreement can be oral or written and is a legal binding contract between the parties.
7. What are the types of rental agreements?

There are three types of rental agreements:
week-to-week;
month-to-month;
a fixed term of not less than 6 months and not more than 12 months.
8. Must a landlord give a copy of a signed rental

agreement to the tenant?
Yes
9. Must a landlord give a tenant a copy of the

Residential Tenancies Act?
Yes
10. What is a Rental Premises Condition Report form?

The Report 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.
1. Does the Residential Tenancies Act apply to a

verbal rental agreement?
Yes, the Act applies to a verbal rental agreement.
12. Can a landlord request post dated cheques for rent

payments?
Yes, the landlord can request post dated cheques.
13. 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.
14. Does the Act apply to business/commercial rental

agreements?
No, the Act does not apply to this type of landlord-tenant relationship.
15. 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.
16. When a rented premises is sold to a new owner,

does the rental agreement continue?
Yes, it continues as if there was no change in ownership, however a foreclosure may result in an
exception.
17. What happens to a security deposit when there is

a change in ownership?
The new owner will be responsible for the security deposit.
18. 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.
19. Can a landlord charge a fee if a tenant's rent

cheque is returned because of non sufficient 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.
20. 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. 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.
21. Can a landlord terminate a rental agreement when

the tenant does not pay rent?
Yes, a landlord can give a short fee when the rent is not paid.
22. 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
23. 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.
24. 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.
25. What can a landlord do if a tenant has not repaired

damages?
A landlord can request in writing a tenant to repair damages.
26. Can a termination notice be verbal?

No, a termination notice must be in writing.
27. 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 Centre. Credit card, debit card, cash, cheque and money order payments are accepted.
28. 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.

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1. What is a security deposit?

2. Must a landlord provide a receipt for a security

3. Does a landlord have to pay interest on a security

5. How much time does a landlord have to return a

6. What is a rental agreement?

7. What are the types of rental agreements?

8. Must a landlord give a copy of a signed rental

9. Must a landlord give a tenant a copy of the

10. What is a Rental Premises Condition Report form?

1. Does the Residential Tenancies Act apply to a

12. Can a landlord request post dated cheques for rent

13. Are there residential premises not covered by the

where meals and bed linens are provided;

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

provided by religious, charitable or non-profit organizations;

in a hospital or nursing home;

14. Does the Act apply to business/commercial rental

15. Is a tenant responsible to have insurance on

16. When a rented premises is sold to a new owner,

17. What happens to a security deposit when there is

18. Can a landlord charge a fee for late payment of

19. Can a landlord charge a fee if a tenant's rent

20. Can a tenant withhold rent because a landlord is

21. Can a landlord terminate a rental agreement when

22. Can a landlord increase rent by giving a verbal

23. Can a landlord increase rent anytime?

24. Is a tenant responsible for damages to the

25. What can a landlord do if a tenant has not repaired

26. Can a termination notice be verbal?

27. Where can I get a copy of the Residential

28. If a landlord gives a tenant a Termination Notice in

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