Can a Landlord Deduct Normal Wear and Tear From My Security Deposit in Alberta?
This answer covers the law of Alberta.
No. A landlord cannot make a deduction from your security deposit for normal wear and tear during the tenancy. Normal wear and tear is ordinary ageing from living in a place, such as faded paint or carpet thinned by foot traffic.
A landlord cannot deduct for damage unless the section 19 inspection report requirements, which cover move-in and move-out inspections and reports, were met. Even then, the landlord can still pursue damage or cleaning costs through legal action. Within 10 days after you give up possession, the landlord must return the deposit with interest, or return the balance with a statement of account showing deductions. If the exact deduction cannot be determined in that time, the landlord returns the unneeded balance with an estimated statement, then the remaining balance and a final statement within 30 days.
If the landlord does not return the deposit or a statement as required, you may sue to recover it, and the court decides the permitted deductions. Give your forwarding address in writing and keep your records for 3 years. Whether something is wear or damage depends on the facts; a lawyer can confirm.
Key takeaways
- A landlord cannot deduct normal wear and tear from your security deposit.
- A landlord cannot deduct for damage unless the section 19 move-in and move-out inspection report requirements were met.
- The landlord must return the deposit with interest, or the balance with a statement of account, within 10 days after you give up possession.
- If the landlord does not return the deposit or statement as required, you may sue to recover it.