Did you know that it is perfectly legal for a landlord to demand the first month’s rent upon signing the lease with your tenant? Whether by certified cheque, bank transfer, or cash, the landlord can accept the first month’s rent even if the tenant moves in at a later date, or even months, after the lease is signed.
In fact, take a look at Part D of your lease at the line dedicated to “first term”. Be sure to enter the date you signed the contract in the space reserved for the payment date. This way, you give yourself a form of security in the event that a tenant withdraws from his or her responsibilities before moving in. The landlord thus has some financial manoeuvrability to hopefully find a new tenant during this first month of the lease without a tenant.
Important Information You Must Know
A word of caution, apart from this first advance payment at the signing of the lease for the first month’s rent, a landlord cannot require advance payment for the following months, nor can he require an amount that exceeds one month’s rent, or impose a series of post-dated cheques for the following months, even if he asks his or her tenant to do so as a condition of the lease. However, if the parties agree to this procedure at the time of signing the lease in order to make it easier for them to make rent payments, then they will have to comply with it.
As for the requirement of a security deposit, it becomes legal for a landlord under certain criteria. For example, in the context where a prospective tenant does not meet the requirements of a credit check, the landlord could offer security options, including a security deposit.
To Learn More on the Topic
We invite you to visit the page dedicated to the rent payment on the Tribunal administratif du logement website by clicking here.