In most cases, your landlord cannot keep your security deposit in Canada. The only time a landlord can keep your security deposit is to cover unpaid rent or damages to the rental property that exceed normal wear and tear.
Unpaid rent: If you do not pay your rent, your landlord may deduct the rent owed from your security deposit. However, your landlord must still return the remaining balance of your security deposit to you, even if you owe rent.
Damages to the rental property: If you damage the rental property beyond normal wear and tear, your landlord may deduct the cost of repairs from your security deposit. However, your landlord must provide you with a detailed statement of the repairs and their cost.
Normal wear and tear: Normal wear and tear is expected over time. Examples of normal wear and tear include small holes in the walls, faded paint, and scratched floors. Your landlord cannot keep your security deposit to cover normal wear and tear.
Dispute resolution
If you disagree with your landlord about whether they are entitled to keep part or all of your security deposit, you can file a dispute with your provincial or territorial rental board. The rental board will review the evidence and make a decision.
How to get your security deposit back
To get your security deposit back, you must provide your landlord with your forwarding address in writing. Your landlord must return your security deposit within 15 days of the end of your tenancy, minus any deductions they are entitled to make.
Here are some tips for getting your security deposit back:
- Take photos of the rental property before you move in and after you move out. This will help you document any pre-existing damage and any damage that you caused.
- Get everything in writing. If your landlord agrees to make repairs, get a written estimate from a contractor. If your landlord deducts any money from your security deposit, get a written explanation.
- Be prepared to file a dispute with the rental board if necessary.
In most cases, your landlord cannot keep your security deposit in Canada. If your landlord deducts any money from your security deposit, they must provide you with a detailed statement of the deductions and their cost. If you disagree with your landlord, you can file a dispute with the rental board.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.