Offences under the Residential Tenancies Act - Landlord

It is an offence under the Act to do the following:

• end a tenancy when the 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 RTA or the Public Health Act;
• fail to serve a Notice of Landlord at the beginning of the tenancy or update that information if the landlord changes;
• enter premises that you rented other than in accordance with the provisions of the Residential Tenancies Act;
• require a security deposit that is more than one month's rent or require tenants to pay an increase in a security deposit;
• fail to comply with the Act with regard to the landlord's obligations to place security deposits in an interest bearing trust account;
• fail to comply with the Act with regard to the payment of interest on security deposits;
• make a deduction from a security deposit when moving in and moving out inspections didn't take place or when inspection reports were not given to the tenant;
• place funds that are not part of a security deposit in the security deposit trust account;
• fail to comply with the Act with regard to the landlord's obligations to return a security deposit and account for deductions made from the security deposit;
• terminate a periodic tenancy for a reason prescribed by the Act but later fail to use the premises for the given reason;
• fail to comply with the Act with regard to a landlord's obligations to keep records relating to inspection reports, security deposits, and abandoned goods;
• add or change locks without the permission of the tenant;
• fail to use the required wording and signatures in inspection reports;
• dispose of abandoned goods that have a market value above $2,000 without going through the procedure set out in the Act;
• fail to prove a tenant's liability for rent and damage by completing an affidavit as required and mailing to the tenant and Director of Residential Tenancies;
• fail to have the non-owner landlord act as trustee of a security deposit where he or she receives a security deposit;
• invest a security deposit in any ways other than those approved by the Act;
• transfer security deposit funds to a landlord when he or she is not entitled to them;
• breach any terms of trust or agreement between a landlord and non-owner landlord regarding security deposit funds.

May 2005