Toronto Renters Forum

Hi KatieS,

Although I would like to hear from one of the lawyers who read the Forum to confirm, I am quite sure that attempting to fine a tenant in the way you describe is illegal, by Section 134(1) of the Residential Tenancies Act, because the fine is an expense that would come in addition to the lawful rent and so it is illegal.

Here’s a link:

   https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#Illegal_Additional_Charges__347300


And here is the text:

   “Additional charges prohibited

    134 (1) Unless otherwise prescribed,
    no landlord shall, directly or indirectly,
    with respect to any rental unit,

    (a) collect or require or attempt to
    collect or require from a tenant,
    prospective tenant or former tenant of
    the rental unit a fee, premium,
    commission, bonus, penalty, key deposit
    or other like amount of money whether
    or not the money is refundable;

    […]

    (c) rent any portion of the rental unit for
    a rent which, together with all other
    rents payable for all other portions of the
    rental unit, is a sum that is greater than
    the rent the landlord may lawfully charge
    for the rental unit.”


It’s probably important to clarify the point made at the beginning of that excerpt, “Unless otherwise prescribed”, because there are a few situations wherein a landlord can extract additional money from a tenant, for example, if the tenant bounces a cheque (NSF fee), or if the tenant causes damage (negligently breaks a window), then the tenant could be compelled to pay for the repair.  But I don’t believe that these situations apply to leaving items in the hallway because the landlord faces no out-of-pocket expenses.

I would encourage you to fight back, possibly, explicitly refusing to pay the fee in writing.

Let us know how it goes.