Non-Refundable Fees

Once tenants agree to the terms of the lease, including any one-time non-refundable payments, they are bound by its terms and must make those payments. An agreement should make it clear what the extra payments are. If the agreement is verbal, it may become a matter of memory as to what parties actually agreed about the fees.

Examples of fees that are often requested are:

• Application fees upon formally applying to rent a property
• Key fee
• Pet fee - if a lease allows for pets to stay in the premises, but no pet fee is required, a fee cannot be asked for when a tenant later acquires a pet, unless both the landlord and tenant agree.
• Parking fee
• Utilities may be separated as a fee
• Re-rental fee - this will arise where a tenant ends a tenancy early even where a landlord agrees the tenancy can be ended early.

It is possible for the tenant to have any fees or charges imposed by contract reviewed by the Court of Queen’s Bench. The Court has the power to grant a remedy to a tenant if it feels the fee or charge is unreasonable in the circumstances.

May 2006