Can a landlord charge late fees?

It depends on the province. The limits are $25 in British Columbia, $100 in total in Manitoba, $75 in total in Newfoundland and Labrador, and 1% of the monthly rent per month in Nova Scotia. Ontario does not allow late fees, New Brunswick allows only the bank's NSF charge for a bounced cheque, and Alberta has no cap but expects the fee to reflect the landlord's actual loss. PEI's Act does not list late fees and Saskatchewan's law sets no rule, so ask the tenancy office there.

Only what the province allows and, in most provinces, only what the lease or a written notice sets out. When a cheque bounces, provinces also allow an NSF charge: the bank's actual charge in New Brunswick and Newfoundland and Labrador, the bank's charge plus up to $20 in Ontario or up to $25 in BC and PEI, and up to $60 in Manitoba. In Nova Scotia the returned cheque charge is the amount written in the lease. Ontario landlords cannot charge interest on rent arrears either.

Manitoba and Newfoundland and Labrador build a daily amount into their limits: Manitoba allows $10 for the first day and $2 for each later day, to $100, and Newfoundland and Labrador allows $5 for the first day and $2 for each further day, to $75. British Columbia caps a late fee at $25 and Nova Scotia sets a monthly rate of 1%. Ontario and New Brunswick do not allow a flat or daily late fee at all. In Alberta, any fee in a lease must still reflect the landlord's actual loss.

Not in Ontario: the government's standard lease guide lists interest on rent arrears as a void term. In the other provinces, no separate rule on interest was found, so any extra charge for paying late falls under that province's late-fee rules. That means 1% of the monthly rent per month in Nova Scotia, the fixed amounts in Manitoba and Newfoundland and Labrador, and $25 in British Columbia.

Usually not. In British Columbia, Nova Scotia, Alberta and New Brunswick a late fee is allowed only if the tenancy agreement or lease provides for it, and in Manitoba the landlord must give written notice before charging one. Newfoundland and Labrador is different: the Act lets a landlord charge the minister's set amount when rent is not paid on time under the rental agreement. In Ontario, a late fee is not allowed even with a lease.

Not in most provinces. A $50 daily fee is far above the limits in British Columbia ($25), Manitoba ($100 in total), Newfoundland and Labrador ($75 in total) and Nova Scotia (1% of monthly rent per month), and Ontario and New Brunswick do not allow a flat or daily late fee. Alberta has no fixed cap, but a fee that does not reflect the landlord's actual loss may be treated as a penalty and refused by the RTDRS or a court. Saskatchewan's and PEI's laws do not set a late-fee amount, so ask the tenancy office there.

None of the provinces' rules we checked deal directly with a landlord refusing a late payment. In most provinces, paying everything owed within the set time cancels a notice for unpaid rent, and in Newfoundland and Labrador that payment must include the late fee. In Manitoba, a landlord who takes the full amount can keep the tenancy ending only by confirming that in writing when the payment is made. If your landlord will not take your rent, keep proof that you offered it and contact your province's tenancy office; see what to do if a tenant doesn't pay rent for each province's notice rules.

A late fee is meant to cover the landlord's cost when rent arrives late. Alberta's guidance says the fee must reflect the landlord's actual loss, or it may be treated as a penalty. Most other provinces set a maximum instead, and Ontario bans late fees outright. A late fee does not change the due date: the rent is still late, and the landlord can still use the province's notice process.

Start with your lease: rent is due on the day it sets, and in British Columbia that means by midnight, while in Newfoundland and Labrador rent due on the 1st is not overdue until the 2nd. If you paid, show your proof: Ontario and Newfoundland and Labrador landlords must give a receipt for any payment on request, and landlords in BC, Manitoba, Saskatchewan and PEI must give one for cash. If you did not pay in full, pay as soon as you can, because each province sets how soon a notice can follow. See when rent is due legally for each province's rules.

Usually yes, but the province sets the limit and often the lease must allow it. British Columbia allows the bank's fee plus up to $25 if the tenancy agreement provides for it, Ontario the bank's actual charges plus no more than $20, Manitoba up to $60 per cheque, PEI the bank's fee plus up to $25, and Newfoundland and Labrador the same amount the bank charged the landlord. New Brunswick allows the bank's actual NSF charge, proved by a receipt or statement, if the lease allows it.

In Alberta the fee must be in the lease and should reflect the landlord's actual cost, and in Nova Scotia the limit is the amount written in the lease (we found no cap in the Act or regulations). In Saskatchewan we found no NSF or late fee rule in the Act and regulations, so check with the Office of Residential Tenancies before you charge or pay one.

A bounced cheque means the rent has not been paid, so start by asking the tenant for a replacement payment straight away and keep the bank's notice and a record of the request. You may be able to charge an NSF fee, but the amount and whether the lease must allow it depend on the province (see the NSF answer above). After a bounced cheque, Manitoba's Residential Tenancies Branch says a landlord may insist on cash, a certified cheque or a money order, while the Acts we reviewed in the other provinces set no rule on cash-only or e-transfer-only payment (Ontario and Manitoba do bar requiring post-dated cheques).

If the rent stays unpaid, the usual unpaid-rent notice process applies, and paying all overdue rent within the notice period cancels the notice in some provinces, such as within 5 days of a British Columbia 10-day notice, within 7 days in New Brunswick and within 10 days in PEI. See what to do if a tenant doesn't pay rent.