When can a landlord keep a security deposit?
Last updated: October 12, 2026
Short answer
A landlord can keep part or all of a security deposit only for money the tenant actually owes, such as unpaid rent, damage beyond normal wear and tear, or cleaning when the unit was not left reasonably clean. The landlord also has to follow the province's process, which usually means the tenant's written agreement or a claim filed with the tenancy office within 7 to 15 days after the tenancy ends (28 days in Manitoba). No province lets a landlord keep a deposit for normal wear and tear. Ontario allows only a last month's rent deposit and a key deposit, and neither can be kept to pay for damage.
What a deposit can cover, province by province
Every province limits what a deposit can be used for and how the landlord claims it. The deadline in the last column counts from the end of the tenancy or the tenant's move-out.
| Province | What the deposit can cover | How the landlord keeps any of it | Landlord's deadline |
|---|---|---|---|
| Alberta | Unpaid rent, damage beyond normal wear and tear, cleaning and other amounts the lease covers, such as utilities or late fees | Deducts under the lease and sends a statement of account; damage needs move-in and move-out inspection reports | 10 days after the tenant leaves (30 days with an estimated statement) |
| British Columbia | Unpaid rent, damage beyond reasonable wear and tear, cleaning; the pet damage deposit covers pet damage only | Tenant's written agreement at the end of the tenancy, or an RTB order | 15 days after the later of the tenancy ending and getting the forwarding address in writing |
| Manitoba | Unpaid rent, damage and extraordinary cleaning; the pet deposit covers pet damage and pet cleaning | Written notice of the amount claimed; the Residential Tenancies Branch decides if the tenant does not agree | 28 days after the tenancy ends |
| Saskatchewan | Unpaid rent and utilities, damage and cleaning | Notice of claim through the ORT online portal; the claim is heard only if the tenant disputes it | 7 business days after the tenant moves out |
| Ontario | Nothing for damage or cleaning: the rent deposit pays the last month and the key deposit comes back with the keys | Applies to the Landlord and Tenant Board for damage | Within 1 year after the tenant moves out |
| New Brunswick | Unpaid rent, utilities and late payment fees the lease required, cleaning and repairs | Security Deposit Claim to the TLRO, which holds the deposit and decides | 7 days after the tenancy ends |
| Nova Scotia | Unpaid rent and damage; cleaning only through a claim the Director decides | Tenant's written consent, or a Form R claim to the Director | 10 days after the lease ends |
| Prince Edward Island | Damage beyond reasonable wear and tear, cleaning and other money owed, which the landlord must prove | Tenant's written agreement, an earlier unpaid Director's order, or a Form 2B application | 15 days after the tenancy ends |
| Newfoundland and Labrador | Unpaid rent and other money owed, damage and cleaning | Tenant's written agreement, or an application to the director | 10 days after the tenant moves out |
What a landlord has to do to keep any of it
Having a valid reason is only half of it. A landlord who skips the process or misses the deadline can lose the right to keep anything:
- Double the deposit: in British Columbia and PEI, a landlord who neither returns the deposit nor applies within 15 days loses the right to claim against it and can be ordered to pay the tenant double.
- Lost claim: in Nova Scotia, no consent and no Form R within 10 days means the deposit has to go back. In Newfoundland and Labrador, a landlord served with the tenant's application has 10 days to file its own claim or loses it.
- No inspection, no damage deduction: in Alberta, a landlord cannot deduct for damage without both inspection reports, and in British Columbia, a landlord who did not offer the inspections loses the right to claim against the deposit for damage (it can still file a separate damage claim).
- No automatic keeping: Saskatchewan and PEI do not allow a lease clause that lets the landlord keep the deposit automatically, and Saskatchewan also bans automatic cleaning charges.
Whatever is not properly claimed goes back to the tenant with any interest owed. Our security deposit interest calculator shows what that may be. Tenants whose landlord is holding on to a deposit can follow the steps on what to do when your landlord won't return your deposit.
When a landlord can keep a deposit in each province
Alberta
An Alberta landlord can deduct unpaid rent, damage beyond normal wear and tear, cleaning (only if the tenant agreed to cleaning charges in the lease) and other amounts the lease covers, such as utilities or late fees. Deductions must follow conditions the tenant agreed to, and nothing can be deducted for normal wear and tear. The landlord does not need the tenant's fresh consent or an RTDRS order, but it cannot deduct for damage unless both the move-in and move-out inspection reports were done. Unpaid rent can be deducted without them.
Within 10 days after the tenant leaves, the landlord returns the balance with a statement of account, or sends an estimated statement and the final balance within 30 days. Bigger claims, or damage claims without inspection reports, go to the RTDRS or court instead. Keeping a deposit past the deadline, or deducting for damage without the reports, is an offence with a fine of up to $5,000.
Alberta security deposit rules | Alberta move-in and move-out inspections
British Columbia
A BC landlord can keep money from a deposit only with the tenant's written agreement given at the end of the tenancy, an RTB order, or an earlier RTB order the tenant has not paid. The deposit can cover unpaid rent and damage beyond reasonable wear and tear, and cleaning if the unit was not left reasonably clean. The pet damage deposit covers only damage caused by a pet unless the tenant agrees otherwise. The government is clear that landlords cannot decide to keep a deposit on their own.
Within 15 days after the later of the tenancy ending and receiving the tenant's forwarding address in writing, the landlord must return the deposits with interest or apply to the Residential Tenancy Branch. Missing that deadline means losing the right to claim against the deposit and paying the tenant double. If the tenant gives no forwarding address within a year, the landlord can keep the deposit.
BC security deposit guide | BC move-in and move-out inspections
Manitoba
A Manitoba landlord can claim the security deposit for unpaid rent and other compensation, including repairing damage and extraordinary cleaning, judged against an ordinarily clean standard. The pet damage deposit covers pet damage, extra cleaning because of a pet and other pet-related costs. A tenant is not liable for reasonable wear and tear.
With no claim, the deposit and interest go back within 14 days after the tenancy ends. To keep any of it, the landlord sends written notice of the amount to the tenant's last known address within 28 days and returns the rest. Unless the tenant agrees in writing, the Residential Tenancies Branch decides, starting with mediation. If the tenant applies first, the landlord must file within 14 days of the Branch's notice or 28 days after the tenancy ended, whichever is later, or return the deposit.
Manitoba security deposit guide | Manitoba condition reports
Saskatchewan
A Saskatchewan landlord can claim cleaning, damage beyond reasonable wear and tear, and rent and utility arrears. A lease clause that lets the landlord keep the deposit automatically, or charges for cleaning automatically, is not allowed. The tenant must leave the unit reasonably clean.
Within seven business days after the landlord knew or should have known the tenant moved out, it returns the deposit with any interest, or returns the part it is not claiming and serves a notice of claim through the ORT online portal, holding the claimed amount in trust for 30 days. The landlord does not apply for a hearing; the claim is heard only if the tenant disputes it within 60 days after the tenancy ends. If the landlord did not follow these steps and the tenant applies, the deposit must be ordered paid to the tenant.
Saskatchewan security deposit guide | Saskatchewan move-in and move-out reports
Ontario
An Ontario landlord cannot keep a deposit for repairs, cleaning or anything else, because the only deposits allowed are a rent deposit and a refundable key deposit. The rent deposit, up to one month's rent, must be applied to the last rent period of the tenancy, and the key deposit must be returned when the keys come back. Pet deposits and other deposits are not allowed at all, and a tenant who paid one can apply to the Landlord and Tenant Board to get it back.
A landlord who believes the tenant damaged the unit applies to the LTB, during the tenancy or within one year after the tenant moves out, and the Board subtracts any rent deposit and interest still owed to the tenant. Interest on the rent deposit is owed every year at the rent increase guideline, 2.1% for interest due in 2026. Collecting or keeping money the law does not allow is an offence, with fines of up to $100,000 for an individual and $500,000 for a corporation.
New Brunswick
A New Brunswick landlord cannot keep the deposit directly, because the province's Tenant and Landlord Relations Office (TLRO) holds it. A landlord who wants part of it files a Security Deposit Claim with the TLRO within 7 days after the tenancy ends, and a residential tenancies officer investigates and decides. Claims can cover unpaid rent, unpaid utilities and late payment fees the lease required the tenant to pay, and cleaning and repairs, but not reasonable wear and tear.
If the tenancy ended by a notice to quit or a notice to vacate, the claim is due 7 days after the end of the week (for a weekly tenancy) or the month in which it ended. If both sides agree on a split, a Security Deposit Refund Agreement form is the quickest way. The officer's decision is final, subject only to review by the Court of King's Bench.
New Brunswick security deposit guide | New Brunswick condition reports
Nova Scotia
A Nova Scotia landlord can keep part of the deposit for unpaid rent and damage the tenant is responsible for, but not ordinary wear and tear. Cleaning can be claimed only as part of a claim the Director of Residential Tenancies decides. To keep anything, the landlord needs the tenant's written consent or must file a Form R Security Deposit Claim with the Director within 10 days after the lease ends, with a copy to the tenant.
A landlord who misses that deadline loses the right to keep the deposit and must return it with any interest. If the landlord's claims add up to more than the deposit, it uses a Form J application for the rest.
Nova Scotia security deposit guide | Nova Scotia condition reports
Prince Edward Island
A PEI landlord can keep money from the deposit only with the tenant's written agreement at the end of the tenancy, for an earlier Director's order the tenant has not paid, or by applying to the Rental Office on Form 2B within 15 days after the tenancy ends. The Act does not list deductions, but the tenant must leave the unit reasonably clean and undamaged apart from reasonable wear and tear, and return all keys, so claims rest on those duties. The landlord has to prove its claim.
A lease clause that lets the landlord keep the deposit automatically is not allowed. A landlord who neither returns the deposit with interest (2.75% for 2026) nor applies within 15 days loses the right to claim against it and can be required to pay the tenant double. For tenancies that started on or after April 8, 2023, move-in and move-out inspections on Form 5 are required, and the Director may take a skipped inspection into account.
Newfoundland and Labrador
Newfoundland and Labrador's law does not list deductions. A landlord can keep money only for a claim the tenant agrees to in writing or the director of Residential Tenancies decides. In practice that means unpaid rent and other money owed, damage the tenant or their guests caused, and cleaning, since tenants must keep the unit clean. Normal wear and tear is not the tenant's cost, and adjudicators apply depreciation to damage claims.
Without a claim, the deposit and interest (0% for 2026) must go back within 10 days after the tenant moves out. If the tenant applies for the deposit, the landlord has 10 days from being served to file its own claim, or it loses the claim against the deposit. Either side can apply within one year after the rental agreement ends.
Newfoundland and Labrador security deposit guide | Newfoundland and Labrador condition reports
Related questions
What can a landlord deduct from a deposit?
Generally unpaid rent, damage beyond normal wear and tear, and cleaning when the unit was not left reasonably clean. Some provinces add other amounts: Alberta allows other charges the lease covers, such as utilities and late fees, Saskatchewan includes utility arrears, and New Brunswick includes unpaid utilities and late payment fees the lease required. Nothing can be deducted for normal wear and tear, and in Ontario the rent deposit goes only toward the last month's rent.
Can a landlord keep my deposit for wear and tear?
No. No province makes a tenant pay for reasonable wear and tear, which British Columbia's guidelines describe as natural deterioration from age and other natural forces when the tenant has used the place reasonably. A landlord can claim only for damage beyond that. In Newfoundland and Labrador, adjudicators also apply depreciation, so a claim reflects the age of what was damaged.
Can a landlord keep a deposit for painting?
Only if the repainting is needed because of damage the tenant caused, not because the paint has aged with ordinary use, which is normal wear and tear. The same test applies to carpets and floors. The landlord has to show the damage, which is why move-in and move-out inspection reports matter, and in Alberta a landlord cannot deduct for damage at all without both reports.
Can a landlord keep a deposit for cleaning?
Only for cleaning beyond what the law expects of a tenant. Most provinces require you to leave the unit reasonably clean, and the landlord can claim the cost if you did not. Alberta allows a cleaning deduction only if you agreed to cleaning charges in the lease, Manitoba covers extraordinary cleaning against an ordinarily clean standard, and Nova Scotia allows cleaning only as part of a claim the Director decides. Saskatchewan bans lease clauses that charge for cleaning automatically, and in Ontario the rent deposit cannot be used for cleaning at all.
Can a landlord keep a deposit for unpaid rent?
Yes, in every province covered here with a security deposit, unpaid rent is something the deposit can cover, using that province's process. In Alberta it can be deducted even without inspection reports. If you leave a fixed-term lease early without a legal ground, you can owe rent until the unit is re-rented or the term ends, whichever comes first, and the landlord can claim that loss the same way; in most provinces the landlord has to try to re-rent. See how to get out of a lease agreement for the legal ways to leave early.
Can a landlord keep a deposit for unpaid utilities?
Often, if the lease made you responsible for them. Alberta allows deductions for other amounts the lease covers, such as utilities, Saskatchewan lists utility arrears among the costs a landlord can claim, and New Brunswick lets the landlord claim unpaid utilities the lease required you to pay. In British Columbia, Nova Scotia, PEI and Newfoundland and Labrador, any claim still needs your written agreement or a decision from the tenancy office. In Ontario, the rent deposit can only go toward the last month's rent.
Can a landlord keep last month's rent?
In Ontario, the last month's rent deposit has to be applied to the last month of the tenancy, so it is used as rent for that month, not kept for damage or cleaning. If you never get to move in, it has to be repaid. In New Brunswick a landlord cannot collect last month's rent in advance at all, and in Manitoba a security deposit can be used as the last month's rent only if both sides agree in writing.
Can a landlord keep a pet deposit?
Only for pet-related costs, and only where pet deposits are allowed. In British Columbia, the pet damage deposit (up to half a month's rent) can be used only for damage a pet caused unless you agree otherwise, and it follows the same 15-day return rule. In Manitoba, the pet deposit can cover pet damage, extra cleaning because of the pet and other pet-related costs. In Alberta, a refundable pet deposit counts toward the one-month cap, while a non-refundable pet fee is allowed and treated as rent. Ontario does not allow pet deposits, and Nova Scotia, PEI and Newfoundland and Labrador have no separate pet deposit.
How long can a landlord keep my deposit?
For the length of the tenancy, and then only until the province's return deadline: 7 business days in Saskatchewan, 10 days in Alberta, Nova Scotia and Newfoundland and Labrador, 14 days in Manitoba (28 days to send a written claim), and 15 days in British Columbia and PEI. If the landlord makes a proper claim, the disputed amount is held until the tenancy office decides or you agree; in Saskatchewan the claimed amount stays in trust for 30 days. In New Brunswick the province holds the deposit the whole time.
What can I do if my landlord keeps my security deposit?
Check whether the landlord followed the province's steps, which usually means your written agreement or a claim filed with the tenancy office before the deadline. If it did not, or you disagree with the amount, apply to the tenancy office before your own deadline: 60 days in Saskatchewan, six months in PEI, one year in Ontario, Nova Scotia and Newfoundland and Labrador, and two years in Alberta and British Columbia. See what to do when your landlord won't return your deposit for the steps in each province.
Does a landlord have to take a deposit?
No. Each province caps how much a landlord can ask for, but the law lets a landlord take a deposit rather than requiring one, so renting without a deposit is allowed. A landlord who takes no deposit can still claim unpaid rent or damage through the province's tenancy office or court.
Do landlords have to keep a security deposit in escrow?
Several provinces set rules on where the deposit is held. Alberta requires an interest-bearing trust account in Alberta within 2 banking days, Nova Scotia a trust account by the third banking day, and PEI and Newfoundland and Labrador an interest-bearing account in the province within 2 banking days (in Newfoundland and Labrador, a trust account if the landlord has 3 or more units). Saskatchewan requires the deposit to be held in trust, a New Brunswick landlord must send it to the province's Tenant and Landlord Relations Office, and a Manitoba landlord can choose to hand it to the Residential Tenancies Branch.
Are landlords allowed to hold deposits?
Yes, but with limits that differ by province. Alberta allows up to one month's rent and the deposit cannot be raised later, British Columbia half a month's rent plus a separate pet damage deposit of up to half a month, Manitoba half of the first month's rent (plus a pet damage deposit of up to one month's rent if the landlord permits a pet), Saskatchewan one month's rent, and New Brunswick one month's rent (one week's for week-to-week tenancies). Nova Scotia allows half a month, Prince Edward Island one month's rent (one week's if paid weekly) and only one deposit, and Newfoundland and Labrador three-quarters of a month (two weeks for week-to-week). Ontario is the exception: a landlord can collect only a last month's rent deposit and a refundable key deposit, and no pet deposit. If you are trying to get one back, see what to do when a landlord won't return a deposit.
Can a landlord keep a key deposit?
A key deposit is a different thing from the security deposit, and the rules differ by province. In Ontario a landlord may take a refundable key deposit of no more than the expected direct replacement cost. In British Columbia a landlord may charge a key or fob fee that is refundable on return of the key and no more than the direct cost of replacing it, but not if that key is your only means of access. In Prince Edward Island a separate key deposit is not allowed, but a landlord may charge a fee for the actual cost of replacement keys, or of extra keys the tenant asks for. In Alberta a refundable key deposit counts toward the one-month cap on the total of all refundable deposits.
In Ontario, British Columbia and Prince Edward Island a landlord who changed the locks cannot charge you for the new keys. For a refundable key deposit, SQRFT advice is to get a receipt that says it is refundable.
Government sources
- Alberta King's Printer: Residential Tenancies Act
- Government of Alberta: Common problems for landlords and tenants
- Government of Alberta: Starting a tenancy
- Government of BC: Returning deposits
- Residential Tenancy Branch: Policy Guideline 1, landlord and tenant responsibility for premises
- Residential Tenancy Branch: Policy Guideline 17, security deposits and set off
- Manitoba Residential Tenancies Branch: Deposits
- Manitoba Residential Tenancies Branch: Cleaning at the end of a tenancy
- Government of Saskatchewan: Security deposits
- Government of Saskatchewan: Requesting repairs
- Government of Ontario: Residential Tenancies Act, 2006
- Landlord and Tenant Board: A guide to the Residential Tenancies Act
- Government of New Brunswick: Deposits
- Nova Scotia Residential Tenancies: Renting guide
- Nova Scotia Residential Tenancies: Form R security deposit claim guide
- PEI Rental Office: Security deposits FAQs
- Government of Newfoundland and Labrador: Guide for landlords and tenants
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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