Your lease, along with provincial and federal laws, dictates how your landlord can use your security deposit. If your landlord is unjustly trying to withhold a portion or all of your security deposit, your LegalShield provider lawyer can fight to get it back for you. Typical permissible uses include the following.
- To return the unit to its original condition at the end of a lease term (not upgrade or improve the unit).
- To repair property damage caused by a tenant (this does not include normal wear and tear).
- To clean the property if it’s excessively dirty when turned back over to the landlord.
- To offset unpaid rent.
In almost all cases, landlords are required to conduct a walk-through with tenants to point out their reasons for withholding all or a portion of the security deposit and give the renter a chance to dispute their claims and/or time to make necessary repairs. In addition, most provinces require landlords to provide an itemized list of security deposit deductions and receipts for any repairs they claim to have made.
If your landlord is unjustly refusing to return any portion of your security deposit, speaking with an experienced lawyer is the best way to quickly understand your rights and get your landlord to return all the funds you’re owed.