Security deposits often become a major issue when tenants move out, especially if there are disagreements over deductions for damages or cleaning. In Alberta, knowing how tribunals have ruled in notable security deposit cases helps you understand your rights and what to expect if a dispute arises. This guide summarizes important decisions, outlines the official process, and highlights key landlord and tenant responsibilities.

Understanding Alberta's Security Deposit Rules

In Alberta, security deposits (sometimes called damage deposits) are regulated by the Residential Tenancies Act (RTA). The Residential Tenancy Dispute Resolution Service (RTDRS) is the official tribunal that handles most deposit disputes between tenants and landlords.

• Security deposits cannot exceed one month's rent
• Landlords must keep the deposit in a trust account and pay interest annually
• Deposits can only be withheld for unpaid rent, damages beyond normal wear and tear, or cleaning needed to restore the unit

Learn more about the basics in Understanding Rental Deposits: What Tenants Need to Know.

Notable Alberta Security Deposit Decisions

Reviewing actual cases helps tenants and landlords better prepare for disputes. Here are some key lessons from past decisions:

Case: Failure to Provide Inspection Reports

In several RTDRS cases, landlords who did not complete proper move-in and move-out inspections or failed to provide tenants with reports were ordered to return the full deposit. Alberta law requires landlords to conduct written inspections at move-in and move-out, with copies given to tenants.

• If this step is missed, even alleged damages often cannot be deducted from the deposit
• Guide to the Initial Rental Property Inspection for Tenants explains what to expect

Summary: Proper paperwork is critical for both parties.

Case: Normal Wear and Tear vs. Damage

Tribunals frequently side with tenants when deductions are made for "normal wear and tear," like faded paint, minor scuffs, or lightly worn carpets. Alberta decisions clarify:

• Landlords can only deduct for actual, documented damage
• Normal aging or small marks from ordinary use do not justify withholding the deposit
• Evidence such as photos and inspection reports is essential

This supports tenants in contesting unfair deductions.

Case: Cleaning Fees and Unpaid Rent

If a landlord claims cleaning costs or unpaid rent, they must provide receipts, invoices, and evidence of efforts made to collect any outstanding amounts. Recent RTDRS decisions have rejected "flat fees" or unclear deductions that are not supported by detailed documentation.

What to Do If Your Security Deposit Is Withheld

If your landlord does not return your deposit or makes deductions you believe are unfair, you have the right to dispute the action. Below is the process to follow:

• Contact your landlord in writing to request an explanation of any deductions
• If not resolved, prepare your evidence: inspection reports, move-in/move-out photos, receipts, and communications
• Apply for a hearing with the RTDRS or make a claim in Provincial Court (Civil), depending on your preference

You can also review detailed steps in How to Get Your Security Deposit Back with Interest When Moving Out.

Official Alberta Forms & How to Use Them

• Application for Recovery of Security Deposit (RTDRS Form): Use this form to start a claim for your security deposit with the Residential Tenancy Dispute Resolution Service.
  Download the official RTDRS application here. Example: If your landlord withholds your deposit after move-out, fill out this form, attach evidence, and submit online, by mail, or in person.
• Move-In/Move-Out Inspection Report: Not an official submission form, but required by law. Both landlord and tenant should complete and keep a copy for potential disputes.
  Learn how to properly complete inspection reports here. Example: Take dated photos during inspection and keep your signed report copy.

What Kind of Evidence Helps in a Deposit Dispute?

Tenants who succeed in Alberta deposit cases usually have:

• Copies of written rental agreements
• Move-in and move-out inspection reports
• Date-stamped photos of the property before and after move-out
• Receipts or records of paying rent and deposit
• Written correspondence with the landlord

Gathering and organizing your paperwork before applying can make your case much stronger.

Legislation and Tenant Rights

All security deposit rules are found in the Alberta Residential Tenancies Act. This Act sets out rights, responsibilities, and timelines for both parties. For general information, see Tenant Rights and Landlord Rights in Alberta. Remember, each province has its own requirements; for Ontario, see Tenant Rights in Ontario.

For the latest Alberta rental opportunities, you can explore Houseme for nationwide rental listings.

Frequently Asked Questions

1. How long does my landlord have to return my security deposit in Alberta?
   Landlords must return your deposit (with any applicable interest) within 10 days of your rental ending, or provide a written statement explaining why deductions were made.
2. What should I do if my landlord won’t give back my deposit?
   Contact your landlord in writing to ask for details. If the issue isn’t resolved, gather your inspection reports and photos, then submit a claim through the RTDRS or Small Claims Court.
3. Can my landlord deduct for regular cleaning or paint touch-ups?
   No. Alberta law only allows deductions for damages beyond normal wear and tear, not routine cleaning or maintenance. Tribunals often rule in favour of tenants when deductions are not properly documented.
4. Do I need to attend a tribunal hearing in person?
   The RTDRS allows hearings by phone or in person. Specify your preference on the application if you’re unable to attend in person.
5. What evidence will help me win my deposit back?
   Inspection reports, before-and-after photos, rent receipts, and communication records strongly support your case.

Conclusion: Key Takeaways for Alberta Tenants

• Complete inspection reports and keep copies—missing paperwork often means losing out in disputes.
• Normal wear and tear cannot be grounds for withholding your deposit.
• File promptly with the RTDRS if you believe a deduction is unfair and prepare strong evidence.

Understanding these principles—and learning from past tribunal decisions—puts Alberta tenants in a strong position to secure the return of their security deposits.

Need Help? Resources for Tenants

• Alberta Residential Tenancies Act
• Residential Tenancy Dispute Resolution Service (RTDRS) – Security deposit disputes, online forms, process guides
• Alberta Landlord and Tenant Advisory Boards – Free advice and support
• Tenant Rights and Landlord Rights in Alberta – Your rights, responsibilities, and more

---

1. Residential Tenancy Dispute Resolution Service (RTDRS), Alberta: Official RTDRS Website
2. Alberta Residential Tenancies Act: View Act and Regulations
3. Move-In/Move-Out Inspection Requirement: Inspection Steps and Forms

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy