Are Rental Application Fees Legal in Newfoundland and Labrador?

Applying for a new rental can be stressful, especially when you're asked about extra fees. If you're a tenant in Newfoundland and Labrador, it's important to know your rights regarding rental application fees. This article explains whether landlords can legally charge these fees, references the relevant legislation, and provides helpful resources to guide you through the rental process.

Can Landlords Charge Rental Application Fees in Newfoundland and Labrador?

In Newfoundland and Labrador, rental application fees—sometimes called viewing fees, application processing fees, or screening charges—are not legal. Landlords cannot ask prospective tenants to pay any fee just to apply for a rental unit or to process an application.

The Residential Tenancies Act for Newfoundland and Labrador clearly states that a landlord can only collect a security deposit (sometimes called a damage deposit or rental deposit), and this deposit amount is strictly regulated.

What Is Allowed Instead of Rental Application Fees?

• Security Deposit: Landlords may request a security deposit, but it cannot be more than three-quarters of one month’s rent.
• First Month’s Rent in Advance: Landlords may ask for the first month’s rent, but not before the lease is signed.
• No fees are allowed for credit checks, background checks, or application processing.

If you are asked for any type of rental application fee, you can refuse and reference your rights under the Residential Tenancies Act.

Understanding Security Deposits for Newfoundland and Labrador Tenants

The only payment a landlord is legally allowed to collect before you move in is the security deposit. This must also be handled according to official rules.

• Deposit cannot exceed three-quarters of a month’s rent.
• The deposit must be held in trust by the landlord and returned with interest, except for lawful deductions at the end of your tenancy.

For more on how deposits work, see Understanding Rental Deposits: What Tenants Need to Know.

Who Enforces Tenant Rights in Newfoundland and Labrador?

If you believe a landlord is demanding an unlawful application fee, the Residential Tenancies Office manages complaints and resolves disputes for rental housing issues in Newfoundland and Labrador.

You can also learn more about your rights by visiting Tenant Rights and Landlord Rights in Newfoundland and Labrador.

How to Respond if a Landlord Requests a Fee

• Politely explain that application fees are not allowed under Newfoundland and Labrador law.
• If pressured, contact the Residential Tenancies Office for advice or to file a complaint.
• Keep copies of all communications and any receipts or proposed agreements.

Relevant Forms for Tenants

There is no specific provincial form for contesting application fees, but the Residential Tenancies Office provides forms for other tenancy issues. Common forms include:

• Complaint Form (Form 6): Used if you need to file a formal dispute against a landlord who has acted outside the law.
  Example: If a landlord refuses to return a security deposit or continues to demand illegal fees.
  Complaint Form (Form 6)

To submit this form, fill it out and send it to the Residential Tenancies Office. They will guide you through the next steps and may assist with mediation or a hearing if needed.

Official Legislation Protecting Tenants

All rules regarding deposits and illegal fees are covered by the Residential Tenancies Act of Newfoundland and Labrador. This legislation sets out what landlords can and cannot charge.

For additional guidance during your tenancy, you may also find useful tips in Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

While searching for rentals, Find rental homes across Canada on Houseme for safe and convenient listings.

FAQ: Newfoundland and Labrador Rental Application Fees

1. Can a landlord in Newfoundland and Labrador charge any type of rental application fee?
   No. Landlords are prohibited from charging prospective tenants any kind of application fee.
2. What is the maximum deposit a landlord can request in Newfoundland and Labrador?
   A security deposit cannot be more than three-quarters of one month’s rent.
3. How do I report a landlord who asks for an illegal fee?
   Complete a Complaint Form (Form 6) and submit it to the Residential Tenancies Office.
4. Are credit check fees allowed in Newfoundland and Labrador?
   No, landlords cannot require tenants to pay for credit or background checks as part of the application process.
5. Where can I find more information about tenant and landlord rights in the province?
   Visit the Tenant Rights and Landlord Rights in Newfoundland and Labrador page for detailed guidance.

Key Takeaways for Tenants

• Rental application fees are not permitted under Newfoundland and Labrador law.
• The only upfront payment allowed is a regulated security deposit.
• If asked for unlawful fees, contact the Residential Tenancies Office and document everything.

Remember: Know your rights and protect your finances when searching for a new home.

Need Help? Resources for Tenants

• Residential Tenancies Office: Official office to submit disputes, ask questions, or request mediation.
• General information on deposits: Understanding Rental Deposits: What Tenants Need to Know
• Provincial rights and FAQ: Tenant Rights and Landlord Rights in Newfoundland and Labrador
• Download the official form
• Browse apartments for rent, including pet-friendly options and map searches at Find rental homes across Canada on Houseme

1. Residential Tenancies Act of Newfoundland and Labrador
2. Residential Tenancies Office, Government of Newfoundland and Labrador
3. Complaint Form (Form 6), Residential Tenancies Office