Housing · Canada
Ontario tenant fees cheat sheet: what’s legal, what’s not, and how to push back
Ontario listings still ask for damage deposits, “key money,” application fees, and holding cheques because enough renters pay them. The Residential Tenancies Act is not a vibe. At a high level, a landlord may collect a rent deposit for last month’s rent — not a general damage holdback — and must pay annual interest at the guideline rate in effect when that interest is due. For 2026 that guideline is 2.1% (ontario.ca, residential rent increases).
This cheat sheet is educational money math. It is not legal advice, not a substitute for the LTB, and not a promise about your unit (especially if it is exempt from the guideline).
Disclosure: There is no natural affiliate product in an illegal-fee checklist. Saving Optimizer does not claim LTB, clinic, or landlord-software partnerships. If you need advice on a dispute, use Tribunals Ontario resources or a licensed advisor.
Key takeaways
- Last-month rent deposit ≠ damage deposit. Listings that demand both deserve a pause.
- 2026 guideline 2.1% is the usual maximum increase for guideline units without LTB approval — and the usual LMR interest rate for 2026 due dates.
- Application, holding, and “take it off the market” fees are red flags. Ontario’s rental-offences page treats extra fees as a problem category.
- Key deposits, if any, are tightly limited (replacement-cost style rules). A $400 fob for a $25 card is not “policy.”
- Write first, then T1. Recovering $1,500 can beat moving costs — if you can stay safely.
Last-month rent deposit vs damage deposits (high-level RTA rules)
The LTB’s Guide to the RTA describes a rent deposit collected on or before the tenancy begins, capped at one month (or one week if you pay weekly), usable only as rent for the last rental period — not as a damage slush fund. Damage is a separate issue: tenants can owe for damage they cause; that is not a licence to collect a second “security” cheque up front.
If a listing says “first, last, and $1,500 damage,” you are looking at a stack that often mixes a lawful LMR idea with an extra holdback. Do not wire the extra because the photos are nice. See hunting without scams for the deposit-before-viewing pattern.
Key deposits, NSF fees, and other common add-ons
Section 134 of the RTA generally bars extra premiums, key deposits, and “like amounts,” with prescribed exceptions. In practice, a refundable key/fob deposit limited to direct replacement cost is the usual narrow opening people argue about. A round-number $250 “key deposit” that the landlord keeps for scratches is the pattern clinics hear. NSF: some prescribed charges exist for bounced payments — they are not a blank penalty. If the amount looks like a fine, slow down and read the current regulation rather than the Facebook group.
Application and “holding” fees that often cross the line
Ontario’s rental housing offences page flags charging additional fees such as a damage deposit, and forcing a tenant to buy extras to secure a unit. “Application fees,” “credit check fees” marked up beyond cost, and “holding deposits” to pause advertising are the Marketplace classics. A lawful path looks like: view, written tenancy agreement, last-month rent deposit as allowed, then keys. Money that vanishes if you do not “qualify” is a skip.
How interest on rent deposits works at a high level
Landlords must pay interest annually on the last-month rent deposit at the guideline rate in effect when payment is due (RTA s.106 themes; LTB T1 instructions walk through the idea). For interest due in 2026, use 2.1% unless the province has told you otherwise for that due date.
Worked example (labelled): $2,200 LMR × 2.1% = $46.20 for that interest year. Small, but it compounds as unpaid years stack, and T1 lists unpaid interest as a reason. Some tenants deduct unpaid interest from rent as the statute allows — get current advice before you self-help if the relationship is already hostile.
Documenting overcharges and polite recovery scripts
Keep: the listing, texts, e-transfer screenshots, the lease, and a one-page timeline. Script (email):
Hello [name], I’m writing about the $X collected on [date] as a [damage/holding/application] fee. My understanding of the Residential Tenancies Act is that this category is not a permitted charge. Please return $X by e-transfer or cheque by [date 10 business days out]. I would like to continue a good tenancy. If we cannot resolve this, I will look at the LTB’s T1 process.
Polite and specific beats a late-night paragraph about justice. You are asking for money back, not a debate trophy.
When LTB processes enter the picture (overview, not legal advice)
Form T1 is the usual tenant application when a landlord collected an illegal charge, misused a last-month deposit, or owes deposit interest. LTB instructions describe reasons and a general 12-month style outer limit for some claims — confirm the current PDF, fees, and whether you still live there. Mediation happens. Hearings take time. This overview is not a filing kit. Community legal clinics exist because the forms are fiddly and landlords sometimes ignore emails.
Savings math: recovering illegal fees vs moving costs
| Stay + recover | Move | |
|---|---|---|
| Illegal $1,800 damage hold | Ask + T1 path | Does not come with you automatically |
| Local 1-bed move | $0 extra housing search | Often hundreds to ~$1,000+ all-in |
| New last-month deposit | Keep existing LMR working | Another month of rent parked |
| When moving still wins | Safety, illegal lockouts, or a lawful increase you cannot pay |
If the unit is unsafe or the landlord is escalating, money-back math is secondary — leave well. If the only issue is a junk fee and the apartment works, recovering the fee is often the cheaper Canadian move. For guideline vs exempt increases at renewal, use the negotiation scripts.
Sources & date stamps
- Ontario.ca, Residential rent increases — 2026 guideline 2.1% (page used 16 Sep 2026).
- Ontario.ca, Rental housing offences — extra fees, damage deposits, misuse of rent deposits.
- RTA, 2006, S.O. 2006, c. 17 — ss.105–106, 134–135 themes (read the statute for your facts).
- Tribunals Ontario LTB, Guide to the RTA; Form T1 instructions — illegal charges, LMR, interest.
Frequently asked questions
Can an Ontario landlord take a damage deposit?
At a high level, the RTA treats a last-month rent deposit as the security deposit a landlord may collect. Damage, pet, and cleaning deposits are a common listing add-on and a common fight. Confirm your facts; this is not a ruling on your lease.
What is the 2026 rent increase guideline in Ontario?
2.1% for most guideline units (ontario.ca residential rent increases). That percentage also sets the interest rate on a last-month rent deposit for interest due in 2026. Many units first occupied as rentals on or after 15 Nov 2018 are exempt from the guideline cap.
Are application or holding fees legal?
Treat them as a red flag. Ontario pages on rental housing offences list extra fees (including damage deposits and similar add-ons) as problems. Do not wire a “hold” before you have a lawful tenancy path.
How do I get money back?
Document, ask in writing, then the usual LTB path for illegal charges and unpaid deposit interest is Form T1, generally with a time limit measured in months — confirm current LTB instructions. This is not a filing service.
Is this legal advice?
No. It is a savings-oriented checklist. Disputes need the Landlord and Tenant Board, a community legal clinic, or a licensed lawyer.