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Rental · Apr 3, 2026 · 3 min read

Ontario · Tenant Rights
1

Ontario Rental Deposits:What’s Legal, What’s Not

Many landlords charge illegal deposits — know your rights ↓

Ontario has some of the strictest tenant protection laws in North America — including strict limits on what deposits a landlord can collect. Damage deposits, cleaning deposits, and pet deposits are all illegal in Ontario. Yet many landlords continue to charge them because tenants don’t know their rights.

1
Only Two Deposits Are Legal

Under Section 105 of the Residential Tenancies Act (RTA), landlords may only collect at the start of a tenancy:

✅ First month’s rent
✅ Last month’s rent deposit

The last month deposit must be held in trust and earns annual interest tied to the rent increase guideline (0% for 2026). Landlords must provide the interest credit to tenants each year.

2
These Are ALL Illegal in Ontario

Prohibited deposits include:

❌ Damage / security deposit
❌ Cleaning deposit
❌ Pet deposit
❌ Key or fob deposit
❌ Furniture deposit
❌ Any additional month’s rent as “security”

Note: Ontario differs significantly from BC and Alberta, which do allow damage deposits. Don’t assume rules from other provinces apply here.

3
Already Paid an Illegal Deposit? Here’s How to Get It Back

File a T1 Application (Application About Tenant Rights) with the Landlord and Tenant Board (LTB). Filing fee: ~$53. The LTB will schedule a hearing and if the deposit was illegally collected, the landlord will be ordered to repay it — plus potential penalties. You don’t need a lawyer; many tenants handle this themselves successfully.

4
Landlord: How to Legally Protect Yourself

Without a damage deposit, smart landlords protect themselves by:

① Thorough move-in inspection with photos — signed by both parties. This is your strongest evidence at move-out.
② Pricing rent slightly above market to build in a wear-and-tear buffer
③ Getting landlord insurance with tenant damage coverage
④ Rigorous tenant screening: credit check, employment verification, reference from prior landlord
⑤ Filing an L10 (Application to Collect Money) at LTB if damage exceeds normal wear and tear at move-out

Important Nuance

A key deposit is illegal — but a lease clause stating “tenant responsible for actual cost of replacing lost keys/fobs” is perfectly legal. That’s a damage compensation clause, not a deposit. The distinction matters: one is collected upfront without cause, the other is triggered by an actual event.

AZ
Arthur Zhao
Broker · SRS · ABR · MCNE
📞 416-888-6161 · arthurzhao.realtor

#OntarioRental
#TenantRights
#LTB
#RTA
#LandlordTips
#DamageDeposit


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