Security deposits: what a landlord can and cannot keep

Not every jurisdiction even allows one

This surprises people, and it matters before any other question. Québec restricts what a landlord may demand beyond rent far more tightly than the rest of Canada, and a security deposit generally is not permitted there at all.

Elsewhere, caps differ: some places limit a deposit to a fraction of a month's rent, some to one or two months, and several require the landlord to pay you interest on it. A few require it held in a separate account.

So the first question is not "will I get it back" but "was it lawful to take, and how much". Your tenancy authority answers both.

Damage against normal wear

Nearly every deposit dispute is really this argument. The principle is broadly consistent: you are not responsible for a home ageing normally through ordinary use, and you are responsible for harm beyond that.

Carpet thinning along a hallway over four years is wear. A burn in that carpet is damage. Paint dulling is wear; a hole in the wall is damage. Adjudicators apply this distinction constantly and tend to be unimpressed by claims that treat ordinary ageing as harm.

Age matters too. Many authorities expect a landlord to account for how much life an item had left — charging the full price of a ten-year-old carpet is a common and usually unsuccessful claim.

What lawful deductions usually look like

Wherever deposits are allowed, deductions are generally expected to be specific, evidenced and itemised. A round number with no explanation is the weakest position a landlord can take.

• Unpaid rent, where the jurisdiction permits the deposit to be applied to it.
• Repair of actual damage, supported by invoices or quotes.
• Cleaning, where the home was left materially worse than it was received.
• Items removed or missing that belonged to the property.

The deadline is the landlord's biggest risk

Most jurisdictions set a firm period after the tenancy ends for the landlord to return the deposit or account for it. Missing it is treated seriously: several places make the landlord liable for more than the deposit itself, sometimes double, sometimes with interest, simply for being late.

The periods vary widely, so this is one to read from your own authority — and if you are a landlord, one to diarise the day the tenancy ends.

If it is not returned

Move deliberately and keep it in writing. Most of these are resolved without a hearing once a landlord sees the request is documented and the deadline is quoted.

• Write and ask for it, giving your forwarding address, and keep a copy.
• Ask for an itemised account of any deduction, with receipts.
• Compare it against your move-in and move-out photographs.
• Check the return deadline for your jurisdiction and whether it has passed.
• Apply to your tenancy authority — deposit claims are among the most common cases they hear, and the process is designed to be used without a lawyer.

Common questions