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Residential TradingResidential LeasingONMEDIUM

A prospective tenant paid a $2,200 rent deposit for a unit available on June 1, but the previous tenant refuses to leave and vacant possession is never given. The prospective tenant does not want a different unit. What must the landlord do with the deposit?

Correct Answer

C) Repay the full $2,200 deposit

Section 107(1) requires a landlord to repay a rent deposit if vacant possession of the unit is not given to the prospective tenant. The only exception, in s. 107(2), is where the prospective tenant agrees to rent a different unit from the landlord, which did not happen, so the full $2,200 must be repaid.

Answer Options
A
Keep it until the previous tenant is evicted
B
Keep half as compensation for the landlord's costs
C
Repay the full $2,200 deposit
D
Apply it to rent once the unit is free

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Key Terms

rent deposit refundsection 107vacant possessionprospective tenant
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