Post dating cheques illegal
You should never agree to a requirement in your tenancy agreement if you are unsure of its effect!
Ernest Woo LLB is the articling student at Schwarz Law LLP and Jayson Schwarz LLM is the senior partner at the firm.
If the rent payments are monthly, the deposit cannot be more than one month’s rent.
However, it is illegal for a landlord in Ontario to demand a security deposit, for potential damages to a rental unit.
For example, in Ontario and Manitoba, landlords may request post-date cheques but a tenant is not required to provide them.
However, once a landlord and tenant agree to a method of payment, it cannot be changed unless both the landlord and tenant agree.
However, keep in mind that it is illegal to intentionally write a bad check; if you’re postdating it with the intention of canceling it before the date, or if you know for certain that you won’t have the funds, you could run into legal trouble.Post-Date Cheques This will also vary from province to province.A post-dated cheque is a cheque that is dated for a future date.In Ontario, for example, a landlord can demand a rent deposit equal to one month’s rent, or the rent for one rental period, whichever is less.If the rent payments are made weekly, the deposit cannot be more than one week’s rent.
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For instance, if you write a check on June 1 but date the check June 25, you are postdating the check.