Under Ontario’s Residential Tenancies Act, landlords cannot legally force tenants to pay non-refundable condominium move-in or move-out fees. The landlord is responsible for paying these corporate charges. If you were forced to pay, you can file a T1 Application at the Landlord and Tenant Board (LTB), which costs $48 CAD.
Moving into a high-rise condominium in cities like Toronto, Mississauga, or Markham is an exciting milestone. However, the process is often complicated by strict condominium corporation rules, including requests for elevator booking fees, security guard fees, and damage deposits. Many renters are confused about who is legally obligated to cover these costs.
Generally, residential tenancies in Ontario are governed by the Residential Tenancies Act (RTA). The RTA strictly limits the types of payments a landlord can demand from a tenant. Outside of the first and last month’s rent and a refundable key deposit, almost all other mandatory fees or deposits are considered illegal. Because the condo corporation is a separate entity, they can charge the unit owner (your landlord) a fee or demand an elevator damage deposit, but your landlord cannot pass these charges down to you. Most tenants in this province choose to consult a paralegal or a landlord and tenant law firm to reclaim unlawfully charged fees. 💸
Step-by-Step Process in Ontario for Handling Condo Move-In Fees
If your landlord or the property management company demands a move-in fee before they release the elevator keys, you must understand your rights. The process generally follows these steps to protect your finances.
Step 1: Review Your Ontario Standard Lease
Before you challenge a charge, review your Ontario Standard Lease. Some landlords attempt to write custom clauses stating, “Tenant agrees to pay all condo move-in fees.” Under the RTA, any clause that contradicts the Act is automatically void and unenforceable. Even if you signed the lease agreeing to the fee, you are not legally bound to pay an illegal charge.
Step 2: Understand Elevator Deposit Legality
Generally, under section 134 of the Residential Tenancies Act (RTA), landlords are strictly prohibited from requiring any deposits from a tenant other than a last month’s rent deposit and a refundable key deposit. While a condominium corporation is legally permitted to require a refundable elevator damage deposit (often around $200 to $500 CAD) to ensure no damage occurs during the move, this legal obligation falls on the unit owner (the landlord), not the tenant. Any clause in your lease that forces you to pay this deposit is void, and the LTB regularly classifies landlord demands for elevator deposits as illegal charges, even if they are refundable. 🔍
Step 3: Ask the Landlord to Pay the Corporate Fee
If the condo board requires a non-refundable $150 elevator booking fee, this is a cost of doing business for the unit owner. You should send a polite email to your landlord explaining that, under the RTA, this fee is their responsibility. Ask them to pay the property manager directly so you can secure your move-in date without delay.
Step 4: Pay Under Protest (If Denied Access)
If moving day arrives and the condo security desk refuses to unlock the elevator unless you pay the fee yourself, you may be forced to pay it to avoid being stranded with a moving truck. If you do this, write “paid under protest” on the cheque or get a detailed receipt. Documenting that you did not pay this fee willingly is crucial for your legal case. 🚚
Step 5: File a T1 Application at the LTB
If the landlord refuses to reimburse you for the illegal non-refundable fee, you can escalate the matter. You can file a T1 Application (Tenant Application for a Rebate of Money the Landlord Owes) with the Landlord and Tenant Board. An adjudicator will review the receipt and generally order the landlord to repay you, plus the cost of your filing fee.
How Much Does it Cost in Ontario?
Disputing an illegal charge at the LTB is highly accessible, though legal representation can add costs. Below are typical expenses in Canadian dollars (CAD) as of May 2026:
| Fee / Service | Estimated Cost (CAD) | Details |
|---|---|---|
| LTB T1 Filing Fee | $48 | Standard fee to file a T1 rebate application online via the Tribunals Ontario portal. |
| Refundable Elevator Deposit | $200 – $500 | Required by the condo corp but legally the landlord’s responsibility; charging it to the tenant is illegal under s. 134 of the RTA. |
| Illegal Non-Refundable Fee | $100 – $350 | The typical illegal administrative fee landlords try to pass on to tenants. |
| Paralegal Consultation | $150 – $300 | Cost to have a legal professional draft a demand letter to your landlord. |
How Long Does the Process Take?
Sending a demand letter to your landlord can resolve the issue within a few days if they recognize their legal error. However, if you are forced to file a T1 application at the Landlord and Tenant Board to retrieve your money, the tribunal system in Ontario is heavily backlogged. It currently takes anywhere from 6 to 10 months to secure a hearing date and receive a formal order for a rebate.
Frequently Asked Questions (FAQ)
Can the condo corporation block me from moving in?
Yes, the condo corporation governs the common elements (like elevators) and can refuse access if their rules are not followed. It is the landlord’s legal responsibility to clear these administrative hurdles and pay the corporate fees so you can access your rented unit.
Is a key deposit legal in Ontario?
Yes, provided it is strictly refundable and does not exceed the actual replacement cost of the keys or fobs. The landlord cannot charge a $500 key deposit for a fob that costs $50 to replace.
Can I just deduct the move-in fee from my next rent cheque?
No. Under Ontario law, tenants should never unilaterally withhold or deduct rent without a formal LTB order. Doing so gives the landlord grounds to serve you with an N4 eviction notice for unpaid rent.
Do these rules apply if I rent the condo through Airbnb?
Generally, short-term vacation rentals (like a weekend Airbnb stay) do not fall under the protections of the Residential Tenancies Act. The RTA protects long-term residential tenants.
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