Can a landlord charge a pet deposit or a key deposit?
Short answer
Only within the cap. In Newfoundland and Labrador any money a landlord takes beyond the rent counts as security deposit (s.14(2)), so all deposits together may not exceed 3/4 of the first month's rent (2 weeks' rent weekly).
Only within the security deposit limit. The Act has one kind of deposit, the security deposit, and any money or other value a landlord receives from a tenant beyond the rent payable is considered part of it (s.14(2)). So a pet deposit, key deposit or damage deposit is not separate: together with any other deposit, the total may not exceed 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)). If the total is over the limit, the tenant may deduct the overpayment from rent or recover it with interest (s.14(3)). All of it is held under the security deposit rules: a written receipt, an interest-bearing account in the province within 2 banking days, interest credited to the tenant, and return within 10 days after the tenant vacates unless the tenant agrees in writing to how it is disposed of or the landlord applies to the director (s.14(4)–(10)). Residential Tenancies Policy 02-004 adds that a landlord cannot charge the tenant for replacing locks unless the tenant or the tenant's guests damaged them.
- Where this comes from
- Section 14(1)–(10); Residential Tenancies Policy 02-004, Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed