Can a tenant use the security deposit as rent?
Last updated: October 15, 2026
Short answer
Generally no: a security deposit is held to cover what the tenant may owe at the end of the tenancy, and we found no rule in any province covered here that lets a tenant decide on their own to treat it as rent. Manitoba's Residential Tenancies Branch says it can be used as last month's rent only if the landlord agrees in writing. Ontario is different because its only deposit is a rent deposit, which is applied to the last rental period. If you stop paying rent, the landlord can treat that as unpaid rent and serve a notice.
Using the deposit as rent, and getting it back, by province
A security deposit is not prepaid rent. Outside Ontario, the landlord holds it against claims such as unpaid rent and damage, and the tenant gets back what is left. The table shows what we found on using a deposit for rent and where a tenant goes if the landlord keeps it.
| Province | Can the deposit be used as rent? | If the landlord keeps the deposit |
|---|---|---|
| Alberta | We found no rule letting a tenant do this. The landlord can apply the deposit to unpaid rent. In an early end of tenancy for family violence, the landlord applies it toward rent in the notice period if the tenant asks. | Apply to the RTDRS (2-year limit, up to $100,000) or sue in the Alberta Court of Justice. |
| British Columbia | We found no rule letting a tenant do this. Deductions need the tenant's written consent or an RTB order. | If the landlord neither returns the deposit nor applies for dispute resolution within 15 days, it must pay double. A direct request can be filed 20 days after the tenancy ends and the forwarding address is given. |
| Manitoba | Only if the landlord agrees in writing. An over-collected deposit can be set off against rent. | Apply to the Residential Tenancies Branch; the service is free, with a $50 fee if the claim goes beyond the deposit. |
| Saskatchewan | We found no rule letting a tenant do this. The landlord may claim unpaid rent against the deposit. | Apply to the Office of Residential Tenancies within 60 days after the tenancy ends; the fee is $50. |
| Ontario | The rent deposit is applied to the last rental period. The landlord cannot use it for damage. | Apply to the Landlord and Tenant Board under s.135 within one year. |
| New Brunswick | We found no rule letting a tenant do this. If the landlord never delivered the deposit and still does not after an officer's order, the officer may treat it as applied to the tenant's rent. | Apply to the Tenant and Landlord Relations Office. |
| Nova Scotia | We found no rule letting a tenant do this. The landlord returns the deposit within 10 days unless there is unpaid rent, damage or the tenant's written consent. | Apply to the Director on Form S or J within one year. |
| Prince Edward Island | We found no rule letting a tenant do this. | If the landlord neither returns the deposit nor applies within 15 days, it loses the right to claim and pays double. File Form 2A, during the tenancy or within six months after it ends. |
| Newfoundland and Labrador | We found no rule letting a tenant do this. The landlord may apply the deposit against money owed. | Apply to the Residential Tenancies Office within one year after the agreement ends; no fee if you seek only the deposit, otherwise $20. |
What to do instead (SQRFT advice)
- Keep paying rent, including for your last month, unless your landlord agrees otherwise in writing.
- If you want the deposit used for the last month, ask the landlord to sign a short note saying so, with the amount and the month it covers. Manitoba requires that written agreement.
- Leave the unit clean and document its condition with dated photos, so the full deposit comes back.
- Give your forwarding address in writing. In British Columbia the landlord's 15-day deadline and the direct request timing both run from it.
- If the landlord does not return it, use the route in the table, and see what to do when a landlord won't return a deposit.
For when a landlord is allowed to keep part of a deposit, see when can a landlord keep a security deposit. To work out interest owed on a deposit, use the security deposit interest calculator.
Deposits and last month's rent in each province
Alberta
We found no Alberta rule letting a tenant use the deposit as rent. The landlord can apply the deposit to unpaid rent even without inspection reports. In an early termination for family violence (28 days' notice), the landlord applies the deposit toward rent in the notice period if the tenant asks.
If the landlord keeps the deposit, a tenant can apply to the RTDRS (2-year limit, up to $100,000) or sue in the Alberta Court of Justice. There is no double-deposit penalty, but a landlord who fails to return the deposit or the statement on time commits an offence with a fine of up to $5,000.
British Columbia
The security deposit covers unpaid rent and damage, and deductions need the tenant's written consent or an order from the Residential Tenancy Branch. We found no rule letting a tenant apply it to rent. Ask the landlord for written agreement first.
If the landlord neither returns the deposit nor applies for dispute resolution within 15 days, it must pay double. A direct request can be filed 20 days after the tenancy ends and the forwarding address is given, and the general 2-year limit applies.
Manitoba
The Residential Tenancies Branch says a tenant can use the deposit as last month's rent only if the landlord agrees in writing. If a landlord collected more than the allowed deposit, the tenant can set the excess off against rent.
A tenant who wants the deposit back applies to the Branch. The service is free, with a $50 fee if the claim goes beyond the deposit. We found no fixed penalty such as double the deposit, and an unsatisfied order can be paid from the compensation fund.
Saskatchewan
The landlord may claim unpaid rent against the deposit, but we found no rule letting a tenant treat it as rent. A lease clause that automatically keeps the deposit is banned.
A tenant applies to the Office of Residential Tenancies within 60 days after the tenancy ends, with a $50 fee. There is no double penalty. If the landlord did not follow the deposit rules or claimed without reasonable grounds, the hearing officer may also award the tenant's hearing costs, between $50 and $200.
Ontario
Ontario's only deposit apart from a refundable key deposit is the rent deposit, and it is applied to the last rental period. It cannot be used for damage: a landlord claims damage from the Landlord and Tenant Board (s.89). Interest is owed on the deposit, and there is no double-deposit rule.
A tenant applies to the Board under s.135 within one year to get back money collected or kept in breach of the Act. Offences under s.234 carry fines of up to $100,000 for an individual and $500,000 for a corporation.
New Brunswick
The deposit can cover unpaid rent, utilities the lease made the tenant pay, late fees (in practice the bank's NSF charge), cleaning and repairs. We found no rule letting a tenant use it as rent. If the landlord never delivered the deposit to the office and still does not after an officer's order, the officer may treat it as applied to the tenant's rent.
A tenant applies to the Tenant and Landlord Relations Office. There is no double-deposit penalty.
New Brunswick security deposits | Filing a complaint in New Brunswick
Nova Scotia
The landlord must return the deposit within 10 days unless there is unpaid rent, damage the tenant is responsible for, or the tenant consents in writing to the landlord keeping it. We found no rule letting a tenant treat the deposit as rent.
A tenant applies on Form S or J within one year. If the landlord cannot show the tenant's written consent or a timely Form R claim within 10 days of being served, the Director may order the deposit returned with interest without a hearing. We found no double or other multiplied penalty.
Nova Scotia security deposits | Filing a complaint in Nova Scotia
Prince Edward Island
We found no PEI rule letting a tenant use the deposit as rent. If the landlord neither returns the deposit nor applies to keep it within 15 days, it loses the right to claim and pays double. The landlord has the burden of proof.
A tenant files Form 2A, choosing the deposit option, during the tenancy or within six months after it ends.
Newfoundland and Labrador
The landlord may apply the deposit against money owed, but we found no rule letting a tenant treat it as rent. A tenant who is owed the deposit applies to the Residential Tenancies Office within one year after the agreement ends.
There is no fee if you seek only the deposit; otherwise the fee is $20. There is no double penalty.
Newfoundland and Labrador security deposits | Filing a complaint in Newfoundland and Labrador
Related questions
Can I use my security deposit as my last month's rent?
Not on your own. Manitoba's Residential Tenancies Branch says it needs the landlord's written agreement, and in the other provinces covered here we found no rule that lets a tenant decide this alone. Ontario's rent deposit is the exception in practice because it is already applied to the last rental period. If you want it, ask your landlord to agree in writing.
What happens if I don't pay my last month's rent?
The landlord can treat it as unpaid rent and serve a notice, and the deposit can cover unpaid rent when the tenancy ends. Skipping the payment can also lead to an application to end the tenancy. See what to do if a tenant doesn't pay rent.
Do I still owe rent during my notice period?
Yes, until the tenancy ends. A tenant ending a month-to-month tenancy gives about one month's notice in Alberta (one full tenancy month), British Columbia (a full rental month), Manitoba (one full rental payment period), Saskatchewan, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador. In Ontario it is 60 days for a monthly tenancy, or 28 days for a weekly one. The Prince Edward Island Rental Office adds that a tenant who has an eviction notice still owes rent until they move out.
Can I sue my landlord for keeping my deposit?
Yes, but most provinces send deposit claims to the tenancy tribunal rather than court. Alberta lets a tenant choose the RTDRS or the Alberta Court of Justice. In British Columbia and Prince Edward Island a landlord who ignores the deadline can owe double. See when can a tenant sue a landlord.
How much is a rent security deposit?
The cap differs by province: one month's rent in Alberta and Saskatchewan, half a month in British Columbia, Manitoba and Nova Scotia, one month (or one week if rent is weekly) in Prince Edward Island and New Brunswick, and 3/4 of a month in Newfoundland and Labrador. Ontario has no security deposit, only a rent deposit capped at the lesser of one rental period and one month's rent. See how much a landlord can ask for as a deposit.
Is a security deposit the same as the last month's rent?
No, except in Ontario. In Ontario the rent deposit is the last month's rent, held against the final rental period. Elsewhere a security deposit is held against damage and unpaid amounts, and last month's rent in advance is banned in New Brunswick, Newfoundland and Labrador and Saskatchewan. See can a landlord take rent in advance.
Can a landlord use my deposit to cover unpaid rent?
Generally yes, but each province sets a process. In Ontario the rent deposit is simply applied to the last rental period. Elsewhere the deposit can cover unpaid rent at the end of the tenancy: in British Columbia the landlord needs your written consent or an order from the Residential Tenancy Branch to deduct it, and in Prince Edward Island the landlord needs your written agreement or an earlier Director order, or must prove the claim to the Director. See when can a landlord keep a security deposit.
What if my landlord took too large a deposit?
In Manitoba you can set the excess off against rent, and in British Columbia, Saskatchewan, Prince Edward Island and Newfoundland and Labrador an overpayment can be deducted from rent. In Ontario you can apply to the Landlord and Tenant Board to get back money collected in breach. Ask the landlord to fix it in writing first.
Do I get interest on my deposit?
In Ontario, interest is owed on the rent deposit. For the other provinces, check your tenancy office or use the security deposit interest calculator. See also do you get your deposit back when renting.
Government sources
- Alberta: Ending a tenancy
- Alberta: Common problems for landlords and tenants
- Alberta: Residential Tenancies Act
- BC: Returning deposits
- BC: Direct request process
- Manitoba RTB: Security deposits
- Manitoba: The Residential Tenancies Act
- Saskatchewan: Security deposits
- Saskatchewan: The Residential Tenancies Act, 2006
- Ontario: Residential Tenancies Act, 2006
- Ontario: Rental housing offences
- New Brunswick: Security deposits
- New Brunswick: Residential Tenancies Act
- Nova Scotia: Residential Tenancies Act
- PEI: Residential Tenancy Act
- PEI Rental Office: Security deposits FAQs
- Newfoundland and Labrador: Residential Tenancies Act, 2018
- Newfoundland and Labrador: Application for security deposit policy
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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