Can A Landlord Ask For Post-Dated Checks? BC & Ontario

Can A Landlord Ask For Post-Dated Checks

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Before deciding whether or not the landlord should ask for a post-dated check, you must understand what that check means. A post-dated check is a draft check with a future date on it. You can clear the money on that check before the date.

Can A Landlord Ask For Post-Dated Checks? BC & Ontario

In Ontario, it is not normal for a landlord to ask for a post-dated check, and the tenant is not under any obligation to provide one if the landlord asks. However, if a landlord and tenant decide on a mode of payment, you can not alter this agreement until both parties agree.

In other areas, such as BC (British Columbia), landlords may request post-dated checks that the tenants need to provide. This is why you must read your tenancy agreement well and understand it before you put your pen to paper. Do not sign any requirements if you are not very sure about them.

Is It Normal For The Landlord To Ask For A Post-Dated Check?

A post-dated check is a check you prepare for a future date. In the scenario of a landlord and tenant, a check is prepared for when the date is due for the remaining tenancy agreement. The main reason for post-dated checks is that no one will be able to cash them until that date.

The process makes things easy between the landlord and tenant. The landlord will not have to keep asking the tenant about checks every month, and it will allow the tenant to post-date; the landlord will not be able to cash the check at once.

However, it’s possible that things don’t go as planned, and due to the high number of checks in financial institutions and the automation system, the landlord can cash out the check before the date on it.

Cashing the check before time may trigger the bank to hit you with fees if your account has less or no funds and goes into overdraft. So, if your landlord has requested a post-dated check, you must keep all these in mind.

Can My Landlord Demand Post-Dated Cheques In Ontario?

In Ontario, your landlord should not demand a post-dated check from you as a tenant. However, the mode of rent payment will be based on what you both decide. Landlords in Ontario follow several rules and regulations to avoid trouble with the government and tenants regarding rent payment rules. 

Such payment rules include landlord and security deposits, rent deposits, rent deposit interest, rent receipt, rent increase, and post-dated checks and direct debit. So, as your landlord is making plans, you must pay attention before signing any agreement.

In Ontario, whether it’s the post-dated check, money orders, or direct debit type, your landlord is not allowed to request that from you. Regarding post-dated checks and other automatic payments, the law states that “neither a landlord nor a tenancy agreement shall require a tenant or prospective tenant to provide post-dated checks or other negotiable instruments for the payment of rent.”

Can My Landlord Demand Post-Dated Cheques In BC?

In British Columbia (BC), the landlord can only request a post-dated check if you both agree to use that form of payment. Before you begin to pay rent, there will be a tenancy agreement that will specify the conditions of rent payment which can be through cash, cheque, electronic transfer, etc.

If your landlord requests a post-dated check and you move out of that apartment, you will get every penny of any remaining check. If you paid in cash, you would get a receipt.

Is It Legal For A Landlord To Ask For A Credit Check In Ontario?

Your landlord can ask questions about your income and the job. They can also seek information about your rental history and credit check rating. It is legal for your landlord to ask for your credit check in Ontario.

Your credit check shows the landlord your credit score and previous financial history. The information they get from the credit check will make them know your likelihood of paying your rent at the right time. They also check your credit check to see if you don’t owe rent on your previous apartment.

Your landlord can find information such as

  • Your creditworthiness based on your credit score
  • Your payment history and whether you will miss billing payments when you move in
  • Public records such as bankruptcy and so on
  • Whether you have one or several accounts in the collection
  • Your debt history, credit card history, and outstanding loan records. 

Your landlord can get all this vital information from your credit check.

Is It Legal For A Landlord To Ask For A Credit Check In BC?

It’s reasonable for a landlord to request your credit check as a tenant in BC. Landlords can ask for personal information such as proof of income, references, or identification. However, the information is only to complete the renting process and to verify income.

What Is A Credit Check?

People also use credit search instead of credit check, which means the same thing. It is when a company or an individual examines information from your credit report to understand your financial status and behavior. In most cases, they don’t need your consent to run this check, but they must have a legitimate reason to do that.

Your landlord, credit providers, utility suppliers, mobile phone companies, and so on can request to check this information or do the checking without your consent. There are two types of credit checks; the soft credit check, which involves an initial look at some vital information on your credit report, and the hard credit check, which involves a complete check of your credit report.

Conclusion

Several rules guide the relationship between the landlord and tenants regarding payment methods, whether in BC or Ontario. The law in both provinces has stated the conditions in which the landlord can ask for a post-dated check or credit check. Understand everything before you sign.

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