Security deposit loophole (Montreal)?

[mackgee]

It's pretty clear that a landlord cannot ask for a security deposit. I found this information on this website:

The Civil Code of Quebec provides that a landlord cannot ask for any payment other than the rent. This means that they cannot, for example, require a new tenant to pay “key money” or to deposit money as “security” for any possible future damage to the apartment.

In reviewing the rental contract that we have been sent for our son's room he will be renting for his first year of college at Polytechnique Montreal this is written in the contract:

Security Deposit When taking possession of a bedroom, a security deposit of $ 300.00 is required by the Lessor to insure proper use of the furniture and good state of the accessories included in the Rent. This security deposit will be refunded in full to the Lessee if there has been no damage in the apartment (including general maintenance). However, if there is damage, the latter will be subtracted from the security deposit, without limiting the right of the Lessor to claim an additional amount to compensate for the damage suffered. IMPORTANT: Take note that as the Lessor is not the landlord of the building and as the apartment is rented for commercial activities, the Lessor has the right to demand a security deposit.

Should we just agree to pay the $300 deposit because of the IMPORTANT note of?

Take note that as the Lessor is not the
landlord of the building and as the apartment is rented for
commercial activities, the Lessor has the right to demand a
security deposit.

Or should we challenge the demand for a security deposit based on the Quebec laws? Personally I don't understand how a student renting a room to live in in a shared house with other students is considered "commercial activities"?

Thanks!

 

[steaky]

It's pretty clear that a landlord cannot ask for a security deposit. I found this information on this website:

The Civil Code of Quebec provides that a landlord cannot ask for any payment other than the rent. This means that they cannot, for example, require a new tenant to pay “key money” or to deposit money as “security” for any possible future damage to the apartment.

In reviewing the rental contract that we have been sent for our son's room he will be renting for his first year of college at Polytechnique Montreal this is written in the contract:

Security Deposit When taking possession of a bedroom, a security deposit of $ 300.00 is required by the Lessor to insure proper use of the furniture and good state of the accessories included in the Rent. This security deposit will be refunded in full to the Lessee if there has been no damage in the apartment (including general maintenance). However, if there is damage, the latter will be subtracted from the security deposit, without limiting the right of the Lessor to claim an additional amount to compensate for the damage suffered. IMPORTANT: Take note that as the Lessor is not the landlord of the building and as the apartment is rented for commercial activities, the Lessor has the right to demand a security deposit.

Should we just agree to pay the $300 deposit because of the IMPORTANT note of?

Take note that as the Lessor is not the
landlord of the building and as the apartment is rented for
commercial activities, the Lessor has the right to demand a
security deposit.

Or should we challenge the demand for a security deposit based on the Quebec laws? Personally I don't understand how a student renting a room to live in in a shared house with other students is considered "commercial activities"?

Thanks!

You can also forget about going to first year of college at Polytechnique Montreal.

 

[foodie69]

Just pay the deposit and be done with. Anything with students involved, my security deposit would be even higher..