Can a landlord ask for first and last month's rent?
Short answer
No, not the last month's. In Newfoundland and Labrador a landlord may not require or accept a prepayment of the last month's or last week's rent (s.12(1)(a)); extra money counts as security deposit, within the s.14 limit.
Not the last month's. Section 12(1)(a) says a landlord shall not require a tenant to make, or accept from a tenant, a prepayment of the last week's or the last month's rent, so it cannot be taken even if the tenant offers it. Section 12(1)(b) also bars requiring or accepting a single rent payment that is greater than any other regular rent payment under the agreement, which rules out several months paid up front. Section 12 does not stop a landlord collecting the first month's rent when it falls due, and the agreement may provide for post-dated cheques or another post-dated payment method (s.12(2)). Beyond the rent, the only money a landlord may hold is a security deposit within the limit: 3/4 of the first month's rent for a monthly or fixed-term tenancy, or the first 2 weeks' rent week to week (s.14(1)). Any money received beyond the rent payable counts as security deposit (s.14(2)), and a tenant who paid more than the limit may deduct the overpayment from rent or recover it with interest (s.14(3)).
- Where this comes from
- Section 12(1)–(2); Section 14(1)–(3), Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed