5,109
edits
Difference between revisions of "Security Deposits in Residential Tenancies (19:IV)"
From Clicklaw Wikibooks
Security Deposits in Residential Tenancies (19:IV) (view source)
Revision as of 07:02, 30 December 2020
, 07:02, 30 December 2020→C. Return of Security Deposit and Pet Damage Deposit
| Line 33: | Line 33: | ||
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 of the later of the following two: the date at which the tenancy ends, or the date the landlord receives the tenant’s forwarding address, which must be in writing. | 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 of the later of the following two: the date at which the tenancy ends, or the date the landlord receives the tenant’s forwarding address, which must be in writing. | ||
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. After this, 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 (s 20 (e)). | Leases may not include a term providing that the landlord automatically keeps all or part of the deposit at the end of a tenancy (s 20 (e)). | ||
| Line 57: | Line 57: | ||
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''' == | ||
