Illegal Fees Ontario Tenants Should Never Have to Pay

Many tenants in Ontario are surprised to learn that some fees charged by landlords are actually illegal. Understanding your rights can help you avoid unnecessary costs and stand up for yourself if you're asked to pay for something that's not allowed. This guide will help you spot unlawful landlord charges, know what to do about them, and point you to official resources for more help.

What Rental Fees Are Illegal in Ontario?

Ontario’s Residential Tenancies Act, 2006 protects tenants from many additional charges outside of standard rent and government-approved deposits. Landlords sometimes try to add or require extra fees—often unknowingly violating the law. Here’s a summary of the most common illegal rental fees and why they aren’t allowed.

• Additional deposits: Landlords can only request a rent deposit (usually for the first or last month’s rent) and a key deposit that is refundable and equal to the cost of replacing the key. Deposits for damages, cleaning, pets, or security are not allowed. For a detailed breakdown, read Understanding Rental Deposits: What Tenants Need to Know.
• Non-refundable fees: Any “administration,” “application,” or “processing” fee related to renting an apartment is illegal in Ontario.
• Pet fees or deposits: While "no pets" clauses usually aren’t enforceable (with some exceptions for condos or allergies), landlords cannot charge an extra deposit or ongoing fee for allowing pets.
• Repair or maintenance fees: The cost of repairs or regular maintenance (unless damage is caused by the tenant and proven) cannot be added as a requirement in the lease.
• Guest or visitor fees: Charging for occasional guests is not permitted.
• Mandatory cleaning fees at move-out: Landlords cannot require a cleaning fee as a condition for ending a tenancy, outside of costs recovered due to clear tenant-caused damage or extraordinary uncleanliness.

Examples of Charges You Don't Owe

• "Lease renewal fees" or charges just to renew your rental agreement
• Additional deposits called “security,” “damage,” or “move-in” fees
• Monthly "amenity fees" for using included building amenities

Which Rental Fees Are Legal?

Landlords in Ontario are allowed to collect the following payments only:

• Rent (as agreed in your lease)
• Last month’s rent deposit (or first month, if agreed)
• Refundable key deposit (limited to replacement value)

What Should You Do If Charged an Illegal Fee?

Sometimes landlords unknowingly ask for additional fees, or you might notice these extra charges in your lease or rent receipts. Here’s what you can do:

• Review your lease and payment requests for any extra fees not allowed under the law.
• Politely remind your landlord of what Ontario’s rental laws say and ask them (with a written request) to remove, refund, or stop charging illegal fees.
• Save all documents, leases, receipts, and communications as evidence.
• If the landlord refuses to return or stop charging fees, you can file a complaint with the Landlord and Tenant Board (LTB), Ontario’s official tribunal for rental matters.

Official LTB Forms for Tenant Complaints

Ontario tenants can use specific forms to resolve disputes about illegal charges:

• Form T1: Tenant Application for a Rebate of Money the Landlord Owes
  • When to use: If your landlord charged you an illegal or unauthorized fee or withheld part of your rent deposit unlawfully.
  • How it works: Complete LTB Form T1 and file it with the Landlord and Tenant Board. Include supporting documents and a clear description of the disputed fees.
  • Example: If you moved in and paid a “pet deposit” that isn’t allowed, you can request that money back using this form.
• Form T2: Application About Tenant Rights
  • When to use: If the landlord is pressuring you for illegal fees, refusing maintenance because you didn’t pay, or otherwise interfering with your tenant rights.
  • How it works: Submit LTB Form T2 to address broader issues relating to your rights, including harassment or threats over illegal charges.
  • Example: If your landlord says you must pay a non-refundable cleaning fee or you will not get your keys, you can apply with this form.

Where to Learn More

• Review Ontario’s Residential Tenancies Act, 2006
• See what types of deposits are legal in Understanding Rental Deposits: What Tenants Need to Know
• For more practical apartment search tips, Find rental homes across Canada on Houseme

FAQs: Ontario Tenant Illegal Fees

1. Can my landlord make me pay a security deposit?
   No, landlords in Ontario are not allowed to collect security deposits. Only last month’s rent deposit and key deposits equal to replacement cost are legal.
2. Are pet fees or deposits allowed in Ontario rentals?
   No. Charging extra for pets, either as a fee or a deposit, is not permitted under Ontario law.
3. What if my lease says I owe an administration or application fee?
   Such clauses are not enforceable. Written leases cannot override the protections of the Residential Tenancies Act, 2006.
4. If I already paid an illegal fee, can I get it back?
   Yes. You can request the fee be returned, and if the landlord refuses, you can file a Form T1 application with the Landlord and Tenant Board.
5. Where can I learn more about my rights as a tenant?
   Visit Tenant Rights in Ontario for a full, easy-to-understand summary.

Key Takeaways

• Landlords cannot charge you security, damage, cleaning, or pet deposits in Ontario
• If you’re unsure about a fee or are being asked to pay something extra, check the law or seek advice
• You can file a complaint or application to get your money back if you were charged illegal fees

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) — For official forms, complaints, and dispute resolution
• Ontario Government: Renting in Ontario — Up-to-date legal info and tenant guides
• Steps to Justice: Housing Law — Practical legal steps for tenants
• Tenant Rights in Ontario — Understand what fees are legal and what is not

1. Residential Tenancies Act, 2006: Read the full law
2. Ontario Landlord and Tenant Board: Official information and forms
3. Ontario government - Renting in Ontario: Understand your rights as a tenant