Rent Deposits in Canada: What a Landlord Can Legally Collect in Each Province
A statute-by-statute guide to what a landlord can collect before move-in in each province: the deposit ceiling, pet deposits, who holds the money, interest owed, and the deadline to return it, with section numbers and, where stated, the date each law was current.
On this page(14 sections)ShowHide
- Rent Deposits in Canada: What a Landlord Can Legally Collect, Province by Province
- The ceilings, in one table
- Ontario: a rent deposit is not a damage deposit
- Quebec: no deposit, first month only
- The half-month provinces: British Columbia, Manitoba and Nova Scotia
- Newfoundland and Labrador: three quarters, held in trust
- The one-month provinces, and where the money actually sits
- What the move-in money looks like on a $2,000 unit
- Getting the deposit back: what actually decides it
- For landlords: the mistakes that cost more than the deposit
- Before you hand over money: a checklist
- What this page does not cover
- Sources and method
- Frequently asked questions
Rent Deposits in Canada: What a Landlord Can Legally Collect, Province by Province
Short answer: A landlord in British Columbia, Manitoba or Nova Scotia can take a security deposit of no more than half a month's rent. Newfoundland and Labrador allows three quarters of the first month. Alberta, Saskatchewan, Prince Edward Island and New Brunswick allow up to one month. Ontario allows no damage deposit at all, only a rent deposit of up to one month that must be used for the last month's rent, and Quebec allows no deposit of any kind. First month's rent paid in advance is a separate payment, not a deposit, in the statutes we read. This page covers the ten provinces, from the statute text and official provincial pages checked on October 29, 2026.
The reason a national answer is hard to find is that there isn't one. Each province writes its own tenancy law, and the deposit sections differ in four ways that matter to the person holding the cheque: how much can be taken, whether a pet adds a second deposit, who holds the money and what interest it earns, and how many days the landlord has to give it back. The table below is built from the statutes and official provincial pages, not from a summary of summaries, and it gives the section number for each rule so you can check it yourself.
This is general information about the law, not legal advice. Tenancy statutes change, and the facts of a particular lease matter. If you are in a dispute, the provincial tenancy office named in each section below is the place to start.
The ceilings, in one table
| Province | Most a landlord can take | Pet deposit on top | Interest to the tenant | Deadline at move-out | Law and currency |
|---|---|---|---|---|---|
| Ontario | Rent deposit, up to one month, used only for last month's rent | No; damage deposits are an offence | Yes, every year, at the rent increase guideline | Applied to the last month | RTA 2006; LTB guide; ontario.ca (updated July 2, 2026) |
| Quebec | Nothing beyond the first month's rent in advance | No | Not applicable | Not applicable | Civil Code art. 1904 |
| British Columbia | Half a month | Yes, up to half a month | Yes, as set by regulation | 15 days after the later of tenancy end and written forwarding address | RTA s.19, s.38 (current to October 27, 2026) |
| Alberta | One month | Not separate in s.43 | Yes, annually at the prescribed rate | 10 days after the tenant gives up possession | RTA s.43 to s.46 (current as of May 14, 2026) |
| Saskatchewan | One month | Not separate in s.25 | Yes, at the prescribed rate | 7 business days to pay or give notice of a claim | RTA 2006 s.25, s.30, s.32 (annotated Act, August 2025) |
| Manitoba | Half of the first month | Yes, up to one month | Yes, at the prescribed rate | 14 days after termination if no claim | RTA s.29, s.29.1, s.32 (current as of October 27, 2026) |
| New Brunswick | One month | Not separate in s.8 | No; interest belongs to the province | Landlord claims within 7 days; held by a government officer | RTA s.8, s.8.1 (current to January 1, 2024) |
| Nova Scotia | Half a month | Not addressed on the page we read | Yes, but the official rate is 0% since 2013 | Landlord files any claim within 10 days | Service NS pages (2026 factsheet) |
| Prince Edward Island | One month | Not separate in s.14 | Yes, at the prescribed rate | 15 days after the tenancy ends or is assigned | RTA s.14, s.15, s.40 (current to May 16, 2025) |
| Newfoundland and Labrador | Three quarters of the first month | Not separate in s.14 | Yes, at the prescribed rate | 10 days after the tenant vacates, unless the landlord claims | RTA 2018 s.14 |
"Not separate" means the deposit section we read does not create a second, pet-specific deposit; it does not mean a landlord in that province must accept pets. Non-refundable pet fees or monthly pet rent are a separate question that the deposit sections we read do not settle, and practice differs by province, so the pet figures on this page count refundable deposits only. Weekly tenancies have their own ceilings in several provinces (one week's rent in Ontario, New Brunswick and Prince Edward Island, two weeks in Newfoundland and Labrador), which this page does not repeat in every row.
Show the data behind this chart
| Province | Ceiling | On $2,000 rent | Pet deposit on top |
|---|---|---|---|
| Quebec | No deposit (art. 1904) | $0 | Not allowed |
| British Columbia | 1/2 month (s.19) | $1,000 | Up to 1/2 month |
| Manitoba | 1/2 first month (s.29) | $1,000 | Up to 1 month (s.29.1) |
| Nova Scotia | 1/2 month | $1,000 | Not addressed on the page we read |
| Newfoundland and Labrador | 3/4 first month (s.14) | $1,500 | Not separate in s.14 |
| Ontario | Rent deposit up to 1 month | $2,000 | Damage deposits are an offence |
| Alberta | 1 month (s.43) | $2,000 | Not separate in s.43 |
| Saskatchewan | 1 month (s.25) | $2,000 | Not separate in s.25 |
| Prince Edward Island | 1 month (s.14) | $2,000 | Not separate in s.14 |
| New Brunswick | 1 month (s.8) | $2,000 | Not separate in s.8 |
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Ontario: a rent deposit is not a damage deposit
Ontario is the province where the language causes the most confusion, because "first and last" sounds like a deposit and a security deposit sounds like the same thing. They are not. The Landlord and Tenant Board's guide to the Residential Tenancies Act says a landlord "can collect a rent deposit from a new tenant on or before the start of a new tenancy." Where rent is paid monthly, the deposit "cannot be more than one month's rent." And the money has exactly one use: "The rent deposit can only be used as the rent payment for the last month or week before the tenant moves out. It cannot be used for anything else, such as repairing damage to the rental unit."
The province's own list of rental housing offences goes further. Among the things it is an offence to do, ontario.ca lists charging "a tenant, sub-tenant or potential tenant additional fees, such as a damage deposit," using "a tenant's rent deposit for something other than the last month's rent," and not paying "the tenant annual interest on their rent deposit." So a listing that asks for first month, last month and a damage deposit is asking for one thing Ontario law does not allow.
The interest is small, but it is owed. The LTB guide says a landlord "must pay the tenant interest on the rent deposit every year," at a rate equal to the rent increase guideline. Ontario's guideline is 2.1% for 2026, and the province has already published 1.9% for 2027. On a $2,000 rent deposit, that is $42 of interest for a year at the 2026 rate. When the rent goes up, the guide says the landlord "can also ask the tenant to increase the rent deposit by the same amount," which keeps the deposit equal to one month at the new rent. The interest and the top-up are separate obligations running in opposite directions, so ask your landlord in writing how each will be accounted for and keep the answer with your lease.
The practical rule for an Ontario renter: hand over the first month's rent and, if asked, one month's rent deposit. Do not pay a separate damage, security or cleaning deposit. If the rent goes up during the tenancy, expect a request to top up the last-month deposit, and expect the annual interest to be accounted for. Our guide to rent increase limits across Canada explains the guideline that sets both the cap on most increases and the interest rate on this deposit.
Quebec: no deposit, first month only
Quebec has the simplest rule in the country and the most absolute one. Article 1904 of the Civil Code of Quebec says the lessor "may not exact any instalment in excess of one month's rent; he may not exact payment of rent in advance for more than the first payment period." The second paragraph closes the door on everything else: the lessor may not "exact any amount of money other than the rent, in the form of a deposit or otherwise," or "demand that payment be made by postdated cheque or any other postdated instrument."
That leaves no room for a damage deposit, a key deposit or a last month's rent payment. A Quebec landlord's protection against damage is a claim after the fact, not money held in advance. A renter moving to Montréal from Calgary or Vancouver, where a deposit is routine, may expect to pay one; under article 1904, it should not be requested, and agreeing to pay one does not make the request lawful.
The half-month provinces: British Columbia, Manitoba and Nova Scotia
British Columbia
Section 19(1) of BC's Residential Tenancy Act sets the ceiling plainly: a landlord "must not require or accept either a security deposit or a pet damage deposit that is greater than the equivalent of 1/2 of one month's rent payable under the tenancy agreement." The wording covers each deposit separately, so a $2,000 unit can carry a $1,000 security deposit and, if the landlord allows a pet, a $1,000 pet damage deposit.
Section 20 adds the guardrails that come up in real disputes. A landlord may not require a security deposit "at any time other than when the landlord and tenant enter into the tenancy agreement," may not take more than one security deposit for a tenancy, may not take more than one pet damage deposit "irrespective of the number of pets," and may not write a term saying the landlord "automatically keeps all or part" of a deposit at the end. If a landlord collects too much, section 19(2) lets the tenant "deduct the overpayment from rent or otherwise recover the overpayment."
BC's return rule is also the one with the sharpest edge. Under section 38(1), within 15 days after the later of the end of the tenancy and the date the landlord receives the tenant's forwarding address in writing, the landlord must either repay the deposit with interest calculated under the regulations or apply for dispute resolution claiming against it. A landlord who does neither loses the right to claim against the deposit and, under section 38(6), "must pay the tenant double the amount." On a $1,000 deposit that is $2,000. The 15-day clock does not start until a written forwarding address arrives, so giving one in writing at move-out is the single most useful thing a BC tenant can do.
Manitoba
Manitoba caps the security deposit at "the equivalent of 1/2 the first month's rent payable under the tenancy agreement" (section 29). Its pet damage deposit rule changed, and older summaries online are out of date: section 29.1(4) now says the pet damage deposit "must not be more than the equivalent of one month's rent." A tenant with a pet on a $2,000 unit can therefore be asked for up to $1,000 of security deposit and up to $2,000 of pet damage deposit, $3,000 in total, the highest combined deposit ceiling in the statutes we read for this page.
Two limits soften that. A landlord "shall not require a tenant who relies on a service animal as defined in The Human Rights Code to pay a pet damage deposit in respect of that animal," and only one pet damage deposit is allowed per tenancy regardless of the number of pets. A landlord must also tell the prospective tenant before the agreement is entered into that a security deposit is required, and must give a written receipt showing the amount, date and unit.
At move-out, section 32(1) is short: "When a landlord who holds a deposit has no claim against it, the landlord shall, within 14 days after the date of termination of the tenancy, return the deposit and interest at the prescribed rate to the tenant." A landlord with a claim follows the separate claim procedure in the Act.
Nova Scotia
Nova Scotia's official guidance is the plainest statement we found: "A security deposit cannot be more than half a month's rent and a landlord cannot ask for an extra deposit if the rent is increased." At the end of a tenancy, "a landlord must return a tenant's security deposit with interest, minus any deductions." The interest is real in law and nearly zero in money: the province's own interest table shows a rate of 0% from January 1, 2013.
The timing runs through a claim process. The Residential Tenancies Program's 2026 factsheet tells landlords that if they want to keep some or all of the deposit and have no written agreement with the tenant, they must file a Security Deposit Claim "within 10 days after the tenancy ends," and if they miss that deadline, "the tenant will receive the full deposit back." Tenants are told to wait at least 10 days after the tenancy ends before filing their own application for the deposit's return. We could not reach the Nova Scotia legislature's copy of the Act itself when checking, so this section relies on the province's program pages.
Newfoundland and Labrador: three quarters, held in trust
Newfoundland and Labrador sits between the two common ceilings. Section 14(1) of the Residential Tenancies Act, 2018 bars a security deposit of more than "3/4 of the amount of rent payable for the first month" for a month-to-month tenancy, and more than the first two weeks' rent for a weekly one. On a $2,000 unit that is $1,500.
The Act is unusually specific about where the money goes. "Within 2 banking days of receipt of a security deposit, the landlord shall deposit it in an interest bearing account located in the province," and a landlord with three or more residential premises must use a trust account kept only for security deposits. Section 14(8) says a security deposit "is not an asset of the landlord but is held by the landlord in trust." Interest is credited to the tenant at the rate set by regulation for the whole time the deposit is held.
At move-out, section 14(9) gives the landlord 10 days after the tenant vacates to return the deposit "unless the landlord has a claim for all or part of the security deposit." In that case, the two sides can agree in writing, or either can apply to the Director. Section 14(2) also closes a common workaround: any money or value a landlord receives that is more than the rent is treated as a security deposit, so labelling an extra payment "prepaid rent" does not take it outside the cap.
The one-month provinces, and where the money actually sits
Alberta, Saskatchewan, Prince Edward Island and New Brunswick share the one-month ceiling but handle the money in different ways. For a tenant, the difference is mostly about how quickly the deposit comes back and who you deal with if it doesn't.
Alberta
Section 43(1) of Alberta's Residential Tenancies Act says a landlord "shall not require a tenant to provide a security deposit that is greater than one month's rent," and section 43(2) bars requiring "an increase in a security deposit" later in the tenancy, so a rent increase does not mean a bigger deposit. Section 44 requires the landlord to put a cash deposit "into an interest-bearing trust account at a bank, treasury branch, credit union or trust corporation in Alberta within 2 banking days," and to keep records of it.
Interest is paid annually at the prescribed rate under section 45(1), unless landlord and tenant agree in writing that it will instead compound annually and be paid at the end of the tenancy. Within 10 days after the tenant gives up possession, section 46(2) requires the landlord to return the deposit, or return the balance with a statement of account for any deduction the tenant agreed to, or send an estimated statement and settle the final amount within 30 days. Section 46(5) adds that no deduction may be made for normal wear and tear, which the Act defines as deterioration that occurs over time "even though the premises receive reasonable care and maintenance."
Saskatchewan
Section 25(1) of Saskatchewan's Residential Tenancies Act, 2006 caps the deposit at "the equivalent of one month's rent," and section 25(2) lets a tenant who paid more "deduct the overpayment from rent or otherwise recover the overpayment." The Office of Residential Tenancies' annotated version of the Act adds a timing rule many tenants find useful: a tenant "does not have to pay more than 50% of the security deposit on the date that the landlord and tenant enter into the tenancy agreement," and the balance "is to be paid within two months after the tenant takes possession." On a $2,000 unit, that is $1,000 at signing and $1,000 within two months.
At the end, Saskatchewan's clock is the shortest in this group but it is a clock to act, not necessarily to pay in full. Under section 32(1), within seven business days after the landlord knows or should reasonably have known the tenant has vacated, the landlord must pay the deposit and accrued interest, or pay any part it does not intend to keep, serve notice in the approved form of its intention to retain the rest, and hold that amount in trust for 30 days. Interest runs at the prescribed rate from the date the landlord receives the full deposit (section 30(1)).
Prince Edward Island
Prince Edward Island rewrote its tenancy law in 2022. Section 14(3) of the Residential Tenancy Act limits the deposit to "the equivalent of one week's rent" for weekly tenancies and "in any other case, the equivalent of one month's rent." The deposit "is not an asset of the landlord but is held by the landlord in trust," must go into an interest-bearing account in the province within two banking days, and earns interest at the prescribed rate. Section 15 bars taking a deposit at any time other than when the tenancy agreement is entered into, taking more than one, or writing a term that the landlord automatically keeps it.
Within 15 days after the tenancy ends or is assigned, section 40(1) requires the landlord either to pay the deposit back with interest or to apply to the Director claiming against it. The consolidation we read is current to May 16, 2025, so check the Residential Tenancy Office if your tenancy turns on a later amendment.
New Brunswick
New Brunswick does something no other province on this page does: the landlord does not keep the deposit. Section 8(3) of the Residential Tenancies Act caps it at one week's rent for a weekly tenancy and one month's rent otherwise, and section 8(7.1) says a landlord who receives a deposit "shall deliver or cause to be delivered this amount to the residential tenancies officer within fifteen days of receipt." The officer holds it in a security deposit fund.
That changes both the risk and the interest. A tenant's deposit is not exposed to a landlord's finances, but section 8.1 says "all interest earned on money held by a residential tenancies officer under this Act is the property of the Crown," so the tenant does not receive interest. At the end, a landlord who wants to claim must do so within seven days after the tenancy ends; otherwise, section 8(15) says the amount in the tenant's account "is to be returned to the tenant within seven days of a request in writing by the tenant." The online consolidation we read is current to January 1, 2024; check with the Residential Tenancies Tribunal for later changes.
What the move-in money looks like on a $2,000 unit
Put the ceilings next to each other and the up-front cash for the same apartment varies by more than a month's rent. The figures below add the first month's rent, assuming the landlord collects it in advance (Quebec's article 1904 expressly permits that; the other statutes we read do not prohibit it), to the largest deposit the law allows. They are ceilings: a landlord can always ask for less.
| Province | First month | Largest deposit | Total before keys, no pet | With a pet (deposits only) |
|---|---|---|---|---|
| Quebec | $2,000 | $0 | $2,000 | $2,000 |
| British Columbia | $2,000 | $1,000 | $3,000 | $4,000 |
| Manitoba | $2,000 | $1,000 | $3,000 | $5,000 |
| Nova Scotia | $2,000 | $1,000 | $3,000 | not addressed |
| Newfoundland and Labrador | $2,000 | $1,500 | $3,500 | $3,500 |
| Ontario | $2,000 | $2,000 (last month) | $4,000 | $4,000 |
| Alberta, Saskatchewan, PEI, New Brunswick | $2,000 | $2,000 | $4,000 | $4,000 |
Two things stand out. First, Ontario's total matches the one-month provinces, but the $2,000 is not at risk for damage: it is rent for the final month. A tenant who leaves the unit in poor condition faces a separate claim, not a forfeited deposit. Second, the pet rules move the total more than anything else. A Manitoba renter with a dog can face $5,000 before moving in on a $2,000 unit, against $2,000 in Quebec for the same rent.
If you are budgeting a move, our analysis of how much income you need to rent in Canadian cities puts these deposits next to the rent itself, and the rental market reset tracks where average rents and vacancy sit in each major market.
Getting the deposit back: what actually decides it
Across the statutes, three things determine whether a deposit comes back in full and on time. None of them is complicated, and all of them are easy to skip on moving day.
A written forwarding address. In British Columbia, the 15-day clock in section 38 does not start until the landlord receives the address in writing, and section 39 lets a landlord keep the deposit if the tenant does not provide one within a year of the tenancy ending. Elsewhere, a written address simply removes the landlord's easiest excuse. Email it and keep the sent message.
A condition record at both ends. BC's Act ties the right to claim against a deposit for damage to the move-in and move-out inspection reports; a tenant who skips the inspections can lose the right to the deposit's return, and a landlord who skips the reports can lose the right to claim it for damage. Other provinces are less explicit, but every claim process turns on evidence of what the unit looked like before and after. Dated photos of every room on the day you get the keys are worth more than any argument later.
Knowing which claims a deposit can cover. In Ontario, none: the rent deposit is only for the last month. In Alberta, no deduction may be made for normal wear and tear. In BC, a pet damage deposit "may be used only for damage caused by a pet to the residential property, unless the tenant agrees otherwise." A landlord who keeps money for repainting after a five-year tenancy, or for a carpet that simply aged, is on weaker ground than one with photos of a broken door.
If the deadline passes with no money and no claim, the remedy in most provinces runs through the body that administers the tenancy Act rather than a general court. The statutes name it differently: an application to "the director" in British Columbia and Newfoundland and Labrador, to "the Director" in Prince Edward Island, to the Office of Residential Tenancies in Saskatchewan, to the Landlord and Tenant Board in Ontario, to the Residential Tenancies Program in Nova Scotia, and to the residential tenancies officer who already holds the money in New Brunswick. In BC, the Act says a tenant requests an order for the return of a deposit, including the doubled amount, by applying for dispute resolution under Part 5.
For landlords: the mistakes that cost more than the deposit
The deposit rules are written to protect tenants, but most of the money landlords lose on them comes from process errors, not from tenants. Three stand out in the statutes.
Taking the deposit at the wrong time or in the wrong form. BC, PEI and Manitoba restrict when a deposit can be required, and BC and PEI allow only one security deposit per tenancy. A landlord who collects a second deposit mid-tenancy in BC or PEI, or asks for a bigger deposit after a rent increase in Alberta (barred by s.43(2)) or Nova Scotia (barred, according to the province's own deposit page), is outside the rules.
Holding the money wrong. Alberta, Newfoundland and Labrador and Prince Edward Island require the deposit to go into an interest-bearing account, or a trust account, within two banking days. New Brunswick requires it to be sent to the residential tenancies officer within fifteen days. Treating the deposit as operating cash is the habit these sections are written against.
Missing the deadline. In BC, missing the 15-day window without repaying or applying means the landlord "may not make a claim against the security deposit" and must pay double. In Nova Scotia, a landlord who misses the 10-day claim window must return the full deposit. In both cases the landlord can still pursue damages through the tenancy process, but the deposit itself is gone. A calendar reminder at move-out costs nothing.
Before you hand over money: a checklist
- Confirm the province, then the ceiling from the table above. If the request is higher, ask the landlord to explain the basis in writing.
- In Ontario, separate the rent deposit from any other request. A damage, security or cleaning deposit is not permitted.
- In Quebec, decline any deposit beyond the first month's rent.
- Get a receipt that shows the amount, the date and the unit. Manitoba, Newfoundland and Labrador and Prince Edward Island require one in their statutes, and the Ontario LTB says the landlord must give a receipt for any rent deposit if the tenant asks.
- Ask where the deposit will be held and how interest will be paid. In New Brunswick, ask for confirmation that it has gone to the residential tenancies officer.
- Do the move-in inspection, sign the report if your province uses one, and take your own dated photos.
- At move-out, give a written forwarding address and keep proof you sent it, then put the provincial deadline in your calendar.
Deposits are only one part of the cost of renting. For the comparison with owning, the rent-vs-buy analysis for Toronto and the national rent vs buy hub work through the full monthly and long-run math, and the renter hub collects every BubbleWatch guide written for tenants.
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What this page does not cover
The three territories have their own tenancy statutes, which we did not read for this page, so they are left out rather than summarized from secondary sources. Rules for social housing, rooms in a landlord's own home, student residences, care homes and mobile home sites often differ from the general rules above, and several of the Acts exclude some of those arrangements entirely. Interest rates "prescribed by regulation" change and are not listed here; each province's tenancy office publishes the current rate or a calculator.
Sources and method
Each ceiling, deadline and quotation on this page comes from the statute text or official provincial page listed here, fetched and read on October 29, 2026. Section numbers refer to the version stated.
- Ontario: Landlord and Tenant Board, A Guide to the Residential Tenancies Act.html) (rent deposits); ontario.ca, Rental housing offences (updated July 2, 2026); ontario.ca, Residential rent increases (guideline 2.1% for 2026, 1.9% for 2027; updated June 23, 2026).
- Quebec: Civil Code of Québec, art. 1904.
- British Columbia: Residential Tenancy Act, ss.19, 20, 38, 39 (current to October 27, 2026).
- Alberta: Residential Tenancies Act, ss.43 to 46 (current as of May 14, 2026).
- Saskatchewan: Annotated Residential Tenancies Act, 2006, Office of Residential Tenancies (ss.25, 26, 30, 32; last updated August 2025).
- Manitoba: The Residential Tenancies Act, ss.29, 29.1, 32 (current as of October 27, 2026).
- New Brunswick: Residential Tenancies Act, ss.8, 8.1 (current to January 1, 2024).
- Nova Scotia: Security Deposit Interest Calculator, Access Nova Scotia; Residential Tenancies Program, Security Deposit Claims factsheet (2026).
- Prince Edward Island: Residential Tenancy Act, ss.14, 15, 40 (current to May 16, 2025).
- Newfoundland and Labrador: Residential Tenancies Act, 2018, s.14.
The $2,000 examples apply each ceiling to a hypothetical rent and are BubbleWatch arithmetic, not typical amounts. This guide is educational and is not legal advice; confirm your situation with the provincial tenancy office before withholding rent, filing a claim or refusing a request.
Frequently asked questions
Can a landlord ask for first and last month's rent in Ontario?
Yes, with limits. The Landlord and Tenant Board says a landlord can collect a rent deposit from a new tenant on or before the start of the tenancy, no more than one month's rent for a monthly tenancy, and it can only be used as rent for the last month. First month's rent is ordinary rent paid in advance. Ontario lists charging a damage deposit as an offence, and the landlord must pay interest on the rent deposit every year at the rent increase guideline, which is 2.1% for 2026.
What is the maximum security deposit in British Columbia?
Half of one month's rent. Section 19 of BC's Residential Tenancy Act says a landlord must not require or accept a security deposit or a pet damage deposit greater than the equivalent of half a month's rent, so a unit at $2,000 a month can carry $1,000 of security deposit plus, if the landlord allows a pet, a further $1,000 pet damage deposit. Only one pet damage deposit is allowed per tenancy, however many pets there are.
Can a landlord in Quebec ask for a deposit?
No. Article 1904 of the Civil Code of Quebec says the lessor may not exact any amount of money other than the rent, in the form of a deposit or otherwise. The landlord may collect rent in advance only for the first payment period, and no more than one month's rent. A demand for a damage deposit, key deposit or last month's rent is not permitted under that article.
How long does a landlord have to return a security deposit?
It depends on the province. On the statutes we read: 15 days in British Columbia (after the later of the end of the tenancy and receipt of a written forwarding address) and Prince Edward Island; 14 days in Manitoba when the landlord has no claim; 10 days in Alberta and in Newfoundland and Labrador; 7 business days in Saskatchewan to pay or serve notice of a claim. In Nova Scotia a landlord who wants to keep any of it must file a claim within 10 days. In New Brunswick the deposit sits with a government officer, not the landlord.
Does a landlord have to pay interest on a damage deposit?
In most provinces, yes. British Columbia, Alberta, Saskatchewan, Manitoba, Newfoundland and Labrador and Prince Edward Island require interest at a rate set by regulation, and Ontario requires annual interest on the rent deposit at the rent increase guideline. Nova Scotia requires interest too, but its official rate table shows 0% since January 1, 2013. In New Brunswick, interest earned on deposits held by residential tenancies officers belongs to the province.
What happens if a landlord collects more than the legal deposit?
Several statutes give the tenant a direct remedy. British Columbia (s.19(2)) and Saskatchewan (s.25(2)) let the tenant deduct the overpayment from rent or otherwise recover it, and Newfoundland and Labrador (s.14(3)) lets the tenant deduct it or recover it with interest. In Ontario, charging a damage deposit is listed as an offence. Before withholding rent, contact the provincial tenancy office, because how you do it matters.
Can my landlord keep the deposit for normal wear and tear?
Not in Alberta or British Columbia, the two statutes we read that address it directly. Alberta's Act defines normal wear and tear as deterioration that happens over time even with reasonable care, and bars deductions for it. BC requires tenants to leave the unit reasonably clean and undamaged except for reasonable wear and tear. A landlord who wants to keep money for damage generally needs your written agreement or a claim to the provincial tenancy office within the deadline.
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