Difference between revisions of "Security Deposits in Residential Tenancies (19:IV)"
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==C. Return of Security Deposit and Pet Damage Deposit== | ==C. Return of Security Deposit and Pet Damage Deposit== | ||
When a tenant moves out, he or she must provide his or her landlords with a forwarding address in writing. The security deposit must be returned to the tenant, with interest, or the landlord must file for dispute resolution to retain the deposit, within 15 days after the date at which the tenancy ends, or the date the landlord receives the tenant’s forwarding address, which must be in writing, whichever is later. | When a tenant moves out, he or she must provide his or her landlords with a forwarding address in writing. The security deposit must be returned to the tenant, '''with interest''', or the landlord must file for dispute resolution to retain the deposit, within 15 days after the date at which the tenancy ends, or the date the landlord receives the tenant’s forwarding address, which '''must be in writing, whichever is later'''. | ||
If a landlord does not comply with s 38(1) of the RTA (fails to return deposits within 15 days, and fails to file for dispute resolution) and the tenant still has a valid right to the deposit, the tenant may apply for dispute resolution, the landlord may not make a claim against the security deposit or any pet damage deposit, and must pay the tenant double the amount of the security deposit, pet damage deposit, or both (s 38(6)). | If a landlord does not comply with s 38(1) of the RTA (fails to return deposits within 15 days, and fails to file for dispute resolution) and the tenant still has a valid right to the deposit, the tenant may apply for dispute resolution, the landlord may not make a claim against the security deposit or any pet damage deposit, '''and must pay the tenant double the amount of the security deposit''', pet damage deposit, or both (s 38(6)). | ||
Leases may not include a term providing that the landlord automatically keeps all or part of the deposit at the end of a tenancy. | Leases may not include a term providing that the landlord automatically keeps all or part of the deposit at the end of a tenancy. | ||
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'''NOTE:''' A pet damage deposit may be used only for damage caused by a pet to the residential property, unless the tenant agrees otherwise. | '''NOTE:''' A pet damage deposit may be used only for damage caused by a pet to the residential property, unless the tenant agrees otherwise. | ||
==D. Extra Deposits and Non-Refundable Fees== | ==D. Extra Deposits and Non-Refundable Fees== | ||