What is a Security Deposit?
In Alberta, a security deposit is money paid by a tenant to a landlord to secure the lease. This article is based on official Alberta government sources and explains deposit rules, including collection, return, and non-return scenarios. It does not provide advice, only factual information.
Official Source
This article is based on the Alberta government's "Security deposits" page, which primarily concerns public land dispositions, but general principles (like return conditions) also apply to rentals. For specific rental rules, refer to the Residential Tenancies Act.
Collection of Security Deposits
According to official sources, the government requires deposits on most public land dispositions to cover reclamation costs and arrears. Interest is not paid on deposits.
For rentals, the deposit amount is typically negotiated, but the law sets a maximum: under the Residential Tenancies Act, a landlord cannot charge more than one month's rent as a deposit.
Return of Security Deposits
When a lease ends, the landlord must return the deposit within a specified time. For public lands, the deposit is returned after reclamation is approved. For rentals, the landlord must return the deposit within 10 days after the lease ends, unless deductions are made (e.g., unpaid rent or damages). The landlord must provide written notice itemizing deductions.
When Deposits May Not Be Returned
Official sources list situations where deposits may not be returned, including:
- Reclamation not completed – if the holder fails to complete required reclamation, the government can use the deposit to complete it.
- Arrears owed – if the holder owes arrears, the government can use the deposit to pay them.
For rentals, landlords may deduct for unpaid rent, damages beyond normal wear, or cleaning. They must provide receipts or estimates.
Dispute Resolution
If a tenant believes a deposit was unfairly deducted, they can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) for mediation or adjudication. The official page does not provide specific procedures; visit the relevant website or contact the service.
Official Sources
(Note: For specific rental deposit rules, refer to the Residential Tenancies Act and the Alberta government's rental guide; links not provided here.)