Can my landlord fine me?

We found no rule in Alberta giving a landlord the power to fine a tenant. A late fee or an NSF charge is allowed if the lease provides for it, and no regulation now in force caps the amount. The government's guidance is that the fee must reflect the landlord's actual loss or cost. If a tenant thinks a fee is unreasonable, the tenant can refuse to pay it and the landlord can then apply to the RTDRS or the court, where an unreasonable fee may be treated as a penalty and refused.

A landlord cannot change the agreement without the tenant's agreement, except where the law allows it. House rules can be added or changed during the tenancy only with the tenants' written consent; otherwise new rules wait until the tenancy ends. The Act cannot be contracted out of, so a clause that waives a tenant's rights is void. We found no rule in the Act that bans or caps application fees, and the government handbook says a person who does not want to pay one does not have to apply.

A BC landlord can charge a non-refundable administration fee of up to $25 for late rent or a returned cheque, but only if the tenancy agreement provides for that fee. For a returned cheque the landlord can also pass on the actual service fee the bank charged. Application fees are banned.

A landlord cannot change the standard terms of a tenancy agreement at all. Other terms can be added, removed or changed only if both landlord and tenant agree, and the standard terms say a change must be in writing and initialled by both. The exceptions are a rent increase that follows the Act, withdrawing or restricting a service or facility under section 27, and an order from the Residential Tenancy Branch.

Manitoba allows a late payment fee only if the landlord told the tenant in writing beforehand. It is up to $10 for the due date plus $2 for each later day, to a maximum of $100. No fee can be charged if the lateness was caused by a mail interruption or another circumstance beyond the tenant's control, or by a government payer. For a bounced cheque the landlord can charge no more than $60. Application fees are banned.

The Act has no section letting a landlord change agreement terms alone. A landlord can, however, make and enforce rules about the tenant's use, occupancy and maintenance of the unit and its services, if the rules are in writing, made known to the tenant and reasonable. A tenant can ask the Residential Tenancies Branch to decide whether a rule is reasonable (that point is from Branch guidance last revised in May 2015, so confirm it with the Branch).

We found no late-fee or bounced-cheque fee rule in Saskatchewan's Act or regulations, and the government pages we read do not set one out, so ask the Office of Residential Tenancies before paying or disputing one. Application fees are banned. A landlord also cannot start charging for a service or facility that was free without the tenant's agreement or an Office of Residential Tenancies order.

During a tenancy, terms other than the standard conditions can change only if both sides agree, and the standard conditions can never be changed or removed. A landlord may make and enforce rules about use, occupancy and maintenance without the tenant's agreement, but the rules must be in writing, made known to the tenant and reasonable. A tenant can ask the office to rule on whether a rule is reasonable.

Ontario does not allow late fees: the Act bans penalties and like amounts. For a bounced cheque the landlord may charge the bank's actual NSF charge plus an administration charge of no more than $20. Application fees are banned too: a landlord cannot collect any fee from a prospective tenant.

Once the standard lease is signed, it can be changed only if the landlord and tenant agree in writing, apart from the rent increases and reductions the Act itself allows or requires. The Act applies despite any agreement or waiver, and a lease term that conflicts with the Act or its regulations is void.

In New Brunswick a late payment fee is allowed only if the lease says so, and only in the amount the regulation sets. The regulation sets one amount: where a rent cheque bounced, the fee is the NSF charge the landlord's bank actually charged, shown by a bank receipt or statement. The standard form of lease offers a late fee only for a dishonoured cheque. We found no rule that names an application fee. The Act does void any requirement to pay, as a condition of a lease, an amount other than rent, a security deposit or a reasonable amount for a service tied to the tenancy, but we found no official page that applies it to application fees, so ask a residential tenancies officer about a specific charge.

Any change to the standard form of lease is void, except additions both sides agree to that do not alter a right or duty in the Act. For a tenant who has lived in the same premises five years or more, the landlord may change terms other than the rent on at least three months' written notice if the change is reasonable and fair, and the tenant can ask a residential tenancies officer to review it within 15 days.

A Nova Scotia landlord can charge a late fee only if the lease provides for one, and it cannot exceed 1% of the monthly rent per month. Returned cheque charges can be added to the standard lease up to whatever amount the lease states; we found no dollar cap on them in the Act or regulations. Application fees are banned.

No section lets a landlord change lease terms alone. Rules are treated differently from lease terms: a landlord may change or repeal rules on four months' notice before the anniversary date, and the rules must meet a reasonableness test. A landlord also cannot stop providing a service such as heat or water without proper notice of a rent increase or the Director's permission.

PEI's Act lists the fees a landlord may charge, and a late-payment fee is not on the list. For a returned cheque, the landlord may charge the bank's own service fee plus an administration fee of no more than $25. Application fees are banned. We found no Rental Office page that says whether a late-fee clause in a lease can be enforced, so ask the Rental Office before paying or disputing one.

A landlord cannot change terms alone. Terms outside the statutory conditions can be changed only if both landlord and tenant agree, with three exceptions: a lawful rent increase, a service change the Act allows, or a Director's order saying the other party's agreement is not needed. The statutory conditions cannot be changed or removed at all, and a tenant cannot waive rights under the Act.

Newfoundland and Labrador allows a late fee at the amount the minister has set: $5 for the first day rent is late plus $2 for each further day, to a maximum of $75. A landlord can charge for a bounced cheque only the same amount the bank charged the landlord. We found no rule that bans or limits a fee for applying to rent, so ask the Residential Tenancies Office about a specific charge.

No section of the Act lets a landlord change the terms of an existing agreement alone. Reasonable house rules are allowed, but the lease form ties the tenant's duty to follow them to rules that are in writing, reasonable and given to the tenant when the agreement is made, along with a copy of any amendments. Taking away a service or benefit counts as a rent increase. Terms that break the Act are not enforceable.