Re: Should I make it official
 

What's weird?

Re: Should I make it official
 

I found the bit on the RTB website just so its clear what the rules are in the event someone else comes across the thread at some point.

Can a landlord charge a fee for returned cheques?

A landlord may charge a service fee charged by the bank if a tenant's cheque is returned. If the tenancy agreement includes a term that allows a landlord to charge an additional administrative fee for the return of a tenant's cheque, above the service fee charged by the bank, the administrative fee cannot exceed $25.00.

Entering into a Tenancy : RTB : Government of British Columbia

Re: Should I make it official
 

Seems pretty straight forward. $25 not $60 with a copy of the provincial rules.

Re: Should I make it official
 

Pay up, but silently hold a grudge to be paid back when you leave by infesting her buildings with bed bugs.

Re: Should I make it official
 

Not sure about the rules in BC but in Ontario, you can't contract out of the law. So it doesn't matter what you signed if it contradicts the Act then the act overrules the contract. I strongly suspect will be the same in BC, does anyone know? So yes you owe the the $25, and not the $60.

Re: Should I make it official
 

Read post #17.

Re: Should I make it official
 

Thanks so much, and thanks JSMITH for finding that.

That's what I was trying, ineptly, to refer to above. I know my provincial rights so was asking if it's worth fighting it. Ie writing an official letter pointing this out.

If I did I would put in a few more points I have been holding on to too.

Re: Should I make it official
 

:lol: Alan! :lol:

Re: Should I make it official
 

This would be my approach.

Re: Should I make it official
 

Exactly, my point is that I gather from the posts that the contract says it's $60 if a cheque bounces. It's whether the act or the contract takes precedent in this situation. In Ontario it's the act, but is it in BC?

Re: Should I make it official
 

Yes the Act takes precedent, without a doubt. I spoke to the woman and told her but she said you signed it, you have to pay.

Which means I see my next step as having to write a formal letter referring to le regulations..

Re: Should I make it official
 

What makes you think that she didn't get charged for the bounced cheque?

Most banks charge $45 for cheques returned as NSF - so it seems she is charging you an additional $15 for the inconvenience.

Re: Should I make it official
 

If you are sure about the act taking precedent then send her the $25, with a copy of the relevant bit in the legislation. There is nothing she will be able to do.

Re: Should I make it official
 

My 10c worth, pay what is in the act, send a cheque and letter to that effect, quote the part of the act that refers to this, even put in a copy for good measure. If they still want more tell them you will refer it to the residential tenancy branch for a ruling. No contract by a landlord can supersede the RTA. That is in the act too.

Re: Should I make it official
 

We don't on a couple of our accounts.

The tenancy act does not allow for an 'inconvenience' charge.