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The Residential Tenancies Act provides that certain actions
by a landlord or tenant can become offences for which fines can
be imposed. There are also related offences contained in the Public
Health Act and municipal bylaws.
OFFENCES
It is an offence to contravene the following parts of the Act:
• terminating a tenancy by a landlord where a tenant
has made an application or filed a statement under the Residential
Tenancies Act, or made a complaint, or helped in an investigation
or given evidence at a hearing under the Residential Tenancies
Act or the Public Health Act;
• failing to serve a Notice of Landlord at the beginning of the tenancy
or updating that information if the landlord changes;
• entering premises rented by a tenant other than in accordance
with the provisions of the Residential Tenancies Act;
• adding or changing locks on residential property without the consent
of the landlord or tenant, or without providing the tenant
with a new key;
• requiring a security deposit that is more than one month's rent
or requiring a tenant to pay an increase in a security deposit;
• failing to comply with the provisions with regard to
the landlord's obligations to place security deposits in an
interest bearing trust account within 2 banking days and ensuring
the deposit remains on trust until it is dealt with according
to the Act;
• failing to comply with the provisions with regard to the payment
of interest on security deposits.;
• placing funds that are not part of a security deposit in the security
deposit trust account;
• failing to comply with the provisions with regard to the landlord's
obligations to return a security deposit and account for deductions
made from the security deposit;
• making a deduction from a security deposit when inspection
reports were not completed as required by the Act;
• terminating a periodic tenancy for any reason other than those set out in the Act;
• terminating a periodic tenancy for a reason prescribed by the Act
but subsequently failing to use the premises for the given
reason;
• failing to keep records relating to security deposits, inspection
reports and abandoned goods;
• failing to meet the notice requirements for rent increases;
• failure to include the required wording in inspection reports;
• failing to keep abandoned goods valued at $2,000 or
more for 30 days;
•
failing to comply with the requirements for swearing an affidavit
to establish a tenant’s liabilities;
• failure a non-owner landlord hold a security deposit when a teancy
agreement is made between a tenant and a non-owner landlord;
• placing security deposit funds somewhere other than an authorized
financial institution;
• failing to retain the security deposit in a trust account
until the end of the tenancy;
• paying funds from a security deposit in disregard or breach of
an agreement between a landlord and non-owner landlord.
A person who commits an offence under the Act can be fined up
to $5,000.
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