Illegal Tenant Fees in Northwest Territories: What to Avoid
Understanding your rights regarding rental fees is essential for tenants across the Northwest Territories. Some landlords may try to charge additional or illegal fees beyond regular rent or deposits. As a tenant, knowing which fees are unlawful can help you protect yourself, save money, and maintain a fair rental relationship.
Understanding Legal and Illegal Rental Fees
In the Northwest Territories, tenant-landlord relationships are governed by the Residential Tenancies Act[1]. This legislation outlines what fees a landlord can and cannot charge. The official body responsible is the Residential Tenancies Office[2].
Common Legal Fees
- Security Deposit: May not exceed one month's rent. Must be held in trust and returned (with interest) after you move out, less allowable deductions.
- Rent: The regular agreed rental payment.
For a detailed explanation of how deposits work, see Understanding Rental Deposits: What Tenants Need to Know.
Examples of Illegal Fees
- Application Fees: Landlords cannot charge you a fee just for applying to rent a unit.
- Non-Refundable Cleaning Fees: Any cleaning deductions must be taken from the security deposit and only for actual cleaning required. Advance, non-refundable cleaning fees are not permitted.
- Key Money: Any extra charge for providing keys or access devices, beyond replacing a lost key.
- Mandatory Service Fees (e.g., lawn care, snow removal): Unless specifically agreed and itemized in the rental agreement, landlords cannot add on mandatory service or maintenance fees.
- Administrative or "Processing" Fees: Charging administrative costs for things like paperwork or renewing leases is not allowed unless specifically set in the Act.
- Late Payment Fees Above Legal Limits: If late payment fees are charged, they must not exceed those allowed by law and must be outlined in the rental agreement.
If you’re being asked to pay any of the above, you can request clarification and, if the charge is illegal, refuse payment. For more on responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
How to Respond to Illegal Fees
If a landlord asks for an illegal fee, it’s important to address the situation promptly and professionally:
- Politely point out that the fee is not allowed under the Residential Tenancies Act.
- Request written details—including the reason for the fee and where it appears in your lease.
- If discussion fails, you may file an application with the Residential Tenancies Office (RTO) to resolve the issue.
The Residential Tenancies Office (RTO) is your main resource for resolving disputes, education, and enforcing the law in the Northwest Territories.
Official Forms
- Application to the Rental Officer (Form 16): Use this to formally dispute an illegal fee.
Example: If your landlord deducts a non-refundable cleaning fee from your deposit, complete Form 16 and submit it to the RTO to request a hearing or decision. - Notice to Landlord of an Issue (Form 5): Use to formally notify your landlord of a dispute or concern regarding improper fees. Download Form 5 here.
Tenants should always keep copies of all communications, forms, and receipts. Having documentation makes resolving disputes much easier.
Protecting Yourself During and After Tenancy
Stay proactive when reviewing your lease and rental documents:
- Read all agreements closely and question any extra charges not listed in the Act.
- Use the Guide to the Initial Rental Property Inspection for Tenants to ensure you and your landlord have the same expectations about the property's condition, avoiding disputes over cleaning or repair fees later.
- Always get a written receipt for any payments made.
If you need to search for a new place, Canada's best rental listings platform makes it easy to browse and compare options across the country.
For more details on your rights as a tenant in the Northwest Territories, see Tenant Rights and Landlord Rights in Northwest Territories.
FAQ: Northwest Territories Illegal Rental Fees
- Can a landlord charge me a non-refundable cleaning fee in the Northwest Territories?
No. Cleaning charges can only be deducted from the security deposit, and only for actual cleaning needed after you move out. - Is my landlord allowed to ask for an application or processing fee?
No. Application or processing fees are illegal. You only need to pay the security deposit (up to one month's rent) and regular rent. - What should I do if my landlord is charging fees that seem illegal?
Ask your landlord to clarify the charge and reference the Residential Tenancies Act. If they insist, file a complaint with the Residential Tenancies Office using Form 16. - Are late payment fees allowed?
Yes, but only if included in your lease and they do not exceed the limit set by the Act. Exorbitant or unlisted late fees are illegal. - Where can I check which rental fees are legal in the Northwest Territories?
The Residential Tenancies Office and the Residential Tenancies Act are the best sources for up-to-date information.
Key Takeaways
- Landlords cannot charge extra or hidden fees that are not permitted by the Residential Tenancies Act.
- Question all charges beyond rent and security deposit, and keep records of all payments.
- The Residential Tenancies Office can help resolve fee disputes quickly and fairly.
Understanding your rights about illegal rental fees helps you maintain a fair rental relationship in the Northwest Territories.
Need Help? Resources for Tenants
- Northwest Territories Residential Tenancies Office (RTO): Offers information, forms, and complaint resolution for landlord–tenant issues.
- Northwest Territories Residential Tenancies Act: The legislation governing rental rights and responsibilities.
- Local tenant advocacy groups, such as the Yellowknife Women's Society or Legal Aid NWT, can offer direct support, advice, and representation.
- General rental advice: Canada's best rental listings platform
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