Ontario Landlord Guide › Can an Ontario landlord charge a late fee for rent?

Can an Ontario landlord charge a late fee for rent?

Last updated October 24, 2026 · Written for small Ontario landlords

Short answer: No. Section 134 of the Residential Tenancies Act says a landlord can't collect a fee, penalty or other like amount from a tenant, and a late fee is a penalty. A late fee clause in the lease is void (s. 4), and a tenant who paid one can ask the LTB to order it repaid. What you can do: charge back your bank's NSF fee for a bounced cheque plus an administration charge of up to $20, offer a discount of up to 2% for paying on time, and use the N4 or N8 when rent is unpaid or keeps coming late.

Official source: Residential Tenancies Act, 2006 (ontario.ca/laws) · Last checked Oct 2026

What the law allows and what it doesn't

ChargeAllowed?Where it comes from
Flat late fee (for example $50 if rent is late)NoRTA s. 134(1)(a): no fee, premium, penalty or other like amount
Daily late charge or interest on late rentNoSame section; it is still a penalty
The fee your bank charges you for a bounced (NSF) cheque or paymentYesO. Reg. 516/06, s. 17, para. 4
Your own administration charge for an NSF chequeYes, up to $20O. Reg. 516/06, s. 17, para. 5
A discount of up to 2% for paying on or before the due dateYes, if agreed with the tenantRTA s. 111(2), O. Reg. 516/06, s. 10
Extra keys the tenant asks for, or lost keysYes, at your direct cost onlyO. Reg. 516/06, s. 17, paras. 1 and 2
A refundable key or fob depositYes, up to the expected replacement costO. Reg. 516/06, s. 17, para. 3

The ban applies "whether or not the money is refundable", and it also covers a superintendent or property manager acting for you (s. 134(2)). Putting the fee in the lease doesn't help: section 4 makes any lease term that is inconsistent with the Act void.

What happens if you charge one anyway

A worked example

Rent is $1,800, due on the 1st. The lease says "$50 fee if rent is late."

Where the toolkit helps: Instead of a late fee, the toolkit's rent and expense tracker records the date every payment arrives, and its Persistent Late Payment Checker flags rent received more than 7 days late, so an N4 or N8 rests on records, not a lease clause. See what is inside the $19 toolkit

The legal way to reward on-time rent: a prompt payment discount

Instead of punishing late rent, you can reward on-time rent. Section 111(2) of the Act lets you give a discount of up to 2% for paying on or before the due date without lowering your lawful rent. The only condition in the regulation is that the discount is part of a written or oral agreement (O. Reg. 516/06, s. 10), so put it in writing.

With $1,800 rent, 2% is $36. The tenant pays $1,764 if rent arrives on or before the 1st, and $1,800 otherwise. Your lawful rent stays $1,800, so future guideline increases are worked out from $1,800. A discount above 2% for on-time payment does change the lawful rent calculation (O. Reg. 516/06, s. 12(3)), so stay at 2% or less.

Mistakes to avoid

Need receipts for every payment? Tenants can ask for one free of charge (s. 109), and our free Ontario rent receipt covers it.

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 24, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.