Can a Landlord Keep My Security Deposit for Cleaning in Alberta?

You have moved out and your landlord says cleaning or repairs will come out of your deposit. You may not be sure what is fair, and what is simply the ordinary result of living in a home.

In Alberta, the Residential Tenancies Act sets rules for what can be deducted and when the landlord must account for the money. This article explains the main ones so you can check what you were told.

This article covers the law of Alberta.

What the security deposit is for

A security deposit is money, property or a right that a tenant gives a landlord to secure the tenant's obligations, or to be returned to the tenant when a condition occurs. It is not extra rent, and it is not a fee the landlord simply keeps.

The landlord must return the deposit with interest, or return the balance with a statement of account showing the deductions, within 10 days after you give up possession.

Normal wear and tear versus damage

No deduction may be made from the deposit for normal wear and tear during the tenancy. Wear and tear is the gradual ageing of a home from ordinary use, as opposed to harm caused by carelessness or accident.

Whether a particular mark or stain is wear and tear or damage depends on the facts.

A landlord also cannot deduct for damage unless the inspection report requirements were met, meaning the move-in and move-out inspections and reports.

What about cleaning?

The rules in front of us deal with damage and cleaning costs in two ways. A landlord cannot deduct for damage from your deposit unless the s. 19 inspection report requirements (move-in and move-out inspections and reports) were met.

Even so, the landlord can still pursue damage or cleaning costs through legal action. Whether a specific cleaning charge is fair or can be taken from your deposit depends on your situation, so it is worth confirming with a lawyer.

If the landlord does not follow the rules

• If the landlord fails to return the deposit or the statement as required, you may sue to recover it, and the court decides the permitted deductions and orders the balance paid.
• Alberta.ca says tenants may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or Court over deposit deductions.
• Either side may use RTDRS instead of court, but once one party files there, the other is bound to that forum and a court application on the same dispute is barred unless the RTDRS application is withdrawn.

If the exact deduction cannot be worked out within the 10 days, the landlord returns the balance not needed along with an estimated statement, then gives the remaining balance and a final statement within 30 days.

What to do next

• Ask the landlord for the itemized statement of account if you have not received one.
• Gather your move-in and move-out inspection reports, photos and any messages about cleaning or repairs.
• Give the landlord your forwarding address in writing and keep your records for 3 years.
• Compare each deduction with the rules on wear and tear and inspection reports.
• Speak with a lawyer if the amounts are large or the landlord does not respond.

Frequently asked questions