CPA · Residential Tenancies Act
Part 4 — Security Deposits
46 Return of security deposit
(a) "deliver" means
(i) deliver by personal service,
(ii) send by regular mail or registered mail, or
(iii) deliver in any other manner agreed to in writing by the
landlord and tenant;
(b) "normal wear and tear" in respect of residential premises
means the deterioration that occurs over time with the use of
the premises even though the premises receive reasonable
care and maintenance;
(c) "security deposit" includes any amount owing to the tenant
as interest under section 45 at the time of the expiration or
termination of the tenancy.
(2) A landlord who holds a security deposit shall, within 10 days
after the day on which the tenant gives up possession of the
residential premises,
(a) deliver the security deposit to the tenant,
(b) if all or part of the security deposit has been deducted in
accordance with the conditions agreed to by the tenant,
deliver to the tenant the balance of the deposit, if any, and a
statement of account showing the amount of the deposit
used, or
(c) if the landlord is entitled to make a deduction from the
security deposit in accordance with the conditions agreed to
by the tenant but is unable to determine the correct amount
of the deduction, deliver to the tenant the balance of the
deposit, if any, that the landlord does not intend to use and
an estimated statement of account of the anticipated
deduction and, within 30 days after the day on which the
tenant gives up possession of the residential premises,
deliver to the tenant the remaining balance of the deposit, if
any, and a final statement of account.
(3) If a landlord fails to return all or part of a security deposit to a
tenant in accordance with subsection (2), then, whether or not a
statement of account was delivered to the tenant, the tenant may
commence an action in a court to recover the whole of the deposit
or that part of the deposit to which the tenant claims to be entitled.
(4) In proceedings taken under subsection (3), the court
(a) shall determine the amounts, if any, that the landlord is
entitled to deduct from the security deposit in accordance
with the conditions agreed to by the tenant, and
(b) if the deductions so determined are less than the amount of
the deposit, shall give judgment in favour of the tenant for
the balance.
(5) No deduction may be made from a tenant's security deposit for
normal wear and tear to the residential premises during the period
of the tenant's tenancy.
(6) A landlord shall not make a deduction from a tenant's security
deposit for damages to the residential premises unless the
requirements respecting inspection reports under section 19 have
been met.
2004 cR-17.1 s46;2005 c32 s4;2016 c18 s17;2022 c16 s14