What tenants should know
Security deposits protect landlords against unpaid rent or damage, but tenants have rights about how deposits are collected, held and returned. Provincial rules set what a landlord can require and how disputes are decided; check the legislation for details [1].
- Landlords commonly take a security deposit or last-month's rent payment when a tenancy begins.
- Deposits should be handled according to provincial rules and often held separately from the landlord's personal funds.
- Always get a written receipt and record move-in condition with dated photos and notes.
Timelines for returning a deposit
Most provinces require landlords to return the deposit or provide a written explanation of deductions within the timeframe the law sets; confirm the exact period in Newfoundland and Labrador's rules [1]. If the landlord does not respond, tenants can start a dispute with the residential tenancy decision body [2].
- Expect a written statement describing deductions and the refund timeline after you move out.
- If the landlord is unresponsive, contact the residential tenancy office for next steps.
Common deductions landlords may claim
Deductions must be reasonable and supported by evidence. Typical lawful deductions include unpaid rent and reasonable costs to repair damage beyond normal wear and tear.
- Unpaid rent, utility arrears the tenant is responsible for, or other owed charges under the lease.
- Cost to repair damage that exceeds normal wear and tear, with receipts or invoices.
- Cleaning costs only if the unit was left significantly dirtier than at move-in and documented.
How to get your deposit back
Before you move out, give proper notice, clean the unit, repair any damage you caused, and take dated photos. Provide your forwarding address in writing so the landlord can send the deposit refund or statement. For additional guidance on moving preparations, see Essential Tips for Tenants When Moving Into a New Rental Home and advice specifically about getting deposits back at How to Get Your Security Deposit Back with Interest When Moving Out.
If you are looking for a new place while handling a deposit dispute, consider checking rental listings to compare options: Explore Houseme for nationwide rental listings.
Filing a dispute and required forms
If you cannot resolve the issue with your landlord, you can file an application to the residential tenancy decision body. Typical steps are: gather photos and receipts, send a written demand for the deposit, and submit the official application form for dispute resolution [3]. The tribunal will schedule a hearing and tell you what evidence to bring [2].
- Send a clear written demand for the deposit and keep a copy and proof of delivery.
- Collect evidence: photos, receipts, the original lease, and communication records.
- Fill out and submit the official dispute application form as directed by the residential tenancy office [3].
FAQ
- How long does a landlord have to return a deposit?
- Return periods vary by province; check Newfoundland and Labrador's tenancy rules for the exact timeframe and any required written statements [1].
- Can a landlord keep the deposit for normal wear and tear?
- No. Landlords cannot charge tenants for normal wear and tear but can deduct for damage beyond that if they provide evidence.
- Do deposits earn interest?
- Some provinces require interest on deposits; confirm whether Newfoundland and Labrador requires interest and the calculation method in the legislation [1].
- What form do I use to start a dispute?
- Use the residential tenancy dispute application form provided by the provincial office; the official form and instructions are available online [3].
How-To
- Take dated photos and videos of the unit when you move in and again when you move out to document condition.
- Send a written demand for your deposit to the landlord with a clear deadline and keep proof of delivery.
- Calculate expected deductions and ask for itemized receipts if the landlord claims costs against the deposit.
- If the landlord refuses, complete the official dispute application and submit it to the residential tenancy office [3].
- Attend the hearing with copies of photos, receipts, lease, receipts, and written communications to present your case.
Key Takeaways
- Document the unit condition thoroughly at move-in and move-out to protect your deposit.
- Ask for written receipts and an itemized statement for any deductions.
- Use the official dispute process if you cannot resolve the claim directly with your landlord.
Help and Support / Resources
- Residential Tenancies Act (Newfoundland and Labrador)
- Residential Tenancies Tribunal (Service NL)
- Residential tenancy dispute application form
