Method of Payment (LTB)

TST-21729-11 (Re), 2012 CanLII 21988 (ON LTB)

5. It was evidence before me that the Landlord demanded that the Tenant pay the rent in cash or by certified funds. The Landlord made this demand as the Tenant did not provide her Social Insurance Number and the Landlord was unable to perform a credit check. As I mentioned during the hearing, this is contrary to the Residential Tenancies Act, 2006 (the ‘Act’). More specifically, it is contrary to section 108 of the Act which states that a landlord cannot require a tenant to provide post-dated cheques or “other negotiable instruments”. Essentially, anything worth money is a negotiable instrument so what section 108 actually means is that a landlord cannot dictate to tenant the form of payment of the rent. The tenant is entitled to pay the rent anyway he or she likes.