# Rental legal advice? (From all of you smart people!!)



## Keri (Aug 2, 2010)

Hi there - this is a bit of a long shot but I figure maybe someone on here might know....

My little sister is going to school this September and is looking to rent an apartment with her long-term bf. She is young so she is having a hard time of it. (The kid is responsible though, she has been saving her $ and is going to be going to school for accounting and he is also attending school, a trade.)
They have found a place and it is perfect for them, the landlord seemed very nice when they did the interview but he asked for something I found kind of odd.... A cheque for the first 6 month's rent PLUS an extra month (damage deposit) up front. 
At first I thought this might be a scam but the man renting to them is known in the community and I don't think it is a scam, I was just wondering if it is legal to ask for that much money up front? And if there will be any way she can get out of it if it tuns out to be a very bad place (it doesn't look like it but you never know) I don't want to see my little sister get burned! 
Thanks all!


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## Aquaman (Apr 21, 2010)

The guy is out of his mind At most he can ask for is first and last months rent as well as a 50% damage deposit.
Asking for the equivalent of 7 months rent in advance is insane.As far as getting out of it at some point would be time consuming if even possible ,depending on terms of lease ie: 9 month term .
More than likley he sayin ...well I would rather NOT rent to you ..because of age etc. He's setting the bar so high that it will be worth it if he Got a lump sum to play with.
Legally he can't ask that im sure but then again it's a crazy world out there. :bigsmile:


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## neven (May 15, 2010)

i thought it is only legal to request first months, pet deposit + damage deposit upfront.


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## PaulCheung (Apr 18, 2011)

I am a landlord myself and have rented out my basement for over 12 years (in 2 different houses). I only ask for the rent for current month in advance and 1/2 monthly rent as damage deposit.

I think the landlord is only asking for post-dated cheques. Really, it does not mean much. If there is no fund in the bank account, the cheques are useless. It is convenience for the landlord as he/she does not need to chase after the tenant every month for rent.


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## Keri (Aug 2, 2010)

No, it is a lump-sum cheque cashable now. ($7 grand!)

I thought it was a little crazy myself and suspect he is doing it because of their age. If it was me *I wouldn't pay it *but it's not.

I don't know, it just doesn't sound legal but I think it is just so perfect for them (location to school and busses) ... gahh...


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## neven (May 15, 2010)

also to note, personal cheques are not legally post dated and the bank doesn't honour the date. This means a landlord can deposit all the cheques at once if they so please. You are the one liable, not the landlord.

well if he refuses to rent because of that, tell her to file a complaint. Landlords get antsy when complaints are filed, especially if they are evading taxes like most do


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## 240sx (Sep 4, 2010)

My friend rented like that, and he cut a deal saying if he was to pay up front he wanted a signed contract, and he got a stellar discount, something like $100 a month cheaper over 6 months. Almost like a lease.


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## davefrombc (Apr 21, 2010)

It may seem like a great place , but a deal like that stinks and I would recommend she walk away from it .. no.. make that run away from it .. If, for whatever reason they want to move , they can kiss goodbye to their money for rental time not used. It would be a real hassle trying to get their money back, if they are able to at all.
There are other places out there that don't have such unreasonable demands. They may be hard to find , but they are there.


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## CRS Fan (Apr 21, 2010)

Keri.

If they were post dated cheques it wouldn't be a problem, BUT up front is NOT a reasonable request. 

Respectfully,

Stuart


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## oakley1984 (Oct 10, 2010)

Residential Tenancy Branch : Government of British Columbia <- all your answers lay within..... (why cant people use google?)


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## cpool (Apr 30, 2010)

Walk away, for way to many reasons. I can tell you this, even if he is a respective member of the community, it just reeks of a bad deal or rip off. Not worth the hastle in my opinion, not worth the hastle!


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## monkE (Aug 4, 2010)

I have seen places where they want to qualify you financially by proving that you have 6-7 months rent already saved up...though i've never seen them actually ask for it up front.. only a bank statement proving that you have that money. 

I don't know the legal ramifications of this request but it sounds like it could just be the landlord making sure that he's not getting burned as well. I'm sure if he's renting near a school he's probably had issues in the past with flaky students not paying their rent.


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## oakley1984 (Oct 10, 2010)

lol, PEOPLE... READ the link i pasted, KNOW your RIGHTS.
my mom has been a property manager for ~20 years, my advice comes from her!
residential tenancy act exists for a reason!


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## fkshiu (Apr 22, 2010)

oakley1984 said:


> Residential Tenancy Branch : Government of British Columbia <- all your answers lay within..... (why cant people use google?)


Yep. No need to speculate or rely on vague hearsay in this day and age. Go right to the source.

The RTO is actually one of the more user friendly government agencies around. For free basic legal advice from UBC law students try this:

Law Students' Legal Advice Program

They have clinics all over the Lower Mainland and residential tenancy issues are one of their specialities.


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## Adz1 (Apr 21, 2010)

he may be asking for post dated rent checks wich is normal


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## Elle (Oct 25, 2010)

If he wants an actual payment versus just post-dated cheques, forget it. And I'd be nervous even about post-dated cheques. If it were my sister, this would be my advice:

 *Run like the citizens of Tokyo fleeing Godzilla!* 

Did he say WHY he wanted a lump sum of 7K up front? I can see if they were signing a legal 6-month lease agreement with a spectacular discount, but this just smells hinky to me.

I don't care if he's "respected" or not, he's still trying to scam them. How many abusers, criminals and con artists out there were "pillars of the community" until it all came out in public?


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## Keri (Aug 2, 2010)

Thanks for the advice everyone. Oakley I don't see my particular situation in the link that you sent but thank you for the link anyways, I will forward it to her. 
I feel that it is a bad idea and have told her but the rest is not up to me


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## Skerpit2 (Apr 22, 2010)

Keri said:


> Thanks for the advice everyone. Oakley I don't see my particular situation in the link that you sent but thank you for the link anyways, I will forward it to her.
> I feel that it is a bad idea and have told her but the rest is not up to me


From Security Deposits, Pet Deposits and Inspections : RTB : Government of British Columbia

*1.2.5 What is the maximum amount for a security deposit?*

A security deposit cannot be more than half of the first month's rent. The landlord cannot ask for an extra deposit if the rent is increased.
*1.2.6 What can the landlord do if the tenant does not pay the security deposit?*

If the tenant fails to pay the security deposit within 30 days of the start date of the tenancy agreement, the landlord may give a one month notice to end the tenancy.
*1.2.7 What is the maximum amount for a pet deposit?*

Residential tenancy landlords can charge a one time pet deposit of up to one-half a month's rent if a pet is allowed. Pet deposits can only be used for damage caused by a pet. A landlord cannot require more than one pet deposit regardless of the number of pets the landlord permits. The maximum combined amount allowable for a security deposit and pet deposit is one month's rent. Guide animals and pets allowed as part of a tenancy agreement on or before December 31, 2003 are exempt.


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## Keri (Aug 2, 2010)

Skerpit2 said:


> From Security Deposits, Pet Deposits and Inspections : RTB : Government of British Columbia
> 
> *1.2.5 What is the maximum amount for a security deposit?*
> 
> ...


Thanks, yes I saw that... I guess I was just looking for something that said "Can the landlord make you pay for 6 months rent up front plus a full month's rent damage deposit" or something else pertaining to how many month's rent they can legally make you have to pay lol


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## CanadianCowbell (Jan 16, 2011)

I would contact the residential tenancy branch and if that doesn't work do the whole "free 30 minute consultation" with a lawyer to look into the legal aspect. As long as your sister can pay the rent I don't believe it is legal to make any extra requirement to rent to her as opposed to anyone else based on age.


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