Q. A few weeks ago my renters gave written notice they are leaving the end of this month. Yesterday they came with a cheque for half this month’s rent, saying I could keep the security deposit against the other half. This doesn’t seem right; now I have no security against anything they might owe me once they move out. Should I have taken the half month’s rent?
A. Yes, you should have taken the half month’s rent, however that’s not all of the answer... The Residential Tenancy Act specifically prohibits a renter from applying the security deposit to the last month’s rent, unless the landlord agrees. So let your renters know that fact; hopefully the rest of the rent will quickly be paid. If they don’t pay it you can issue a 10 day Notice to End Tenancy for Non Payment of Rent, and even apply for an Order of Possession. However, at best that Order would be effective close to the end of the month, so you wouldn’t gain much. Unfortunately, there’s no "quicker" answer to this question.
-- LandlordMentor
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