What to do next
Identify what the deposit legally was
A last-month rent deposit, a key deposit, or a damage deposit — they are treated very differently. In Ontario a rent deposit must be applied to the final rental period and cannot be kept for damage. In Quebec damage deposits are generally not permitted at all.
Get the move-in and move-out condition evidence
Where inspections are required, a landlord who skipped them often loses the right to claim against the deposit. Dated photographs from both ends of the tenancy are the decisive evidence.
Demand it in writing, then apply
Send a written demand with a deadline. If refused, apply to the tenancy tribunal, or small claims where the tribunal lacks jurisdiction. Interest may also be owed on a rent deposit in some provinces.
Frequently asked questions
Can a landlord keep the deposit for damage?
It depends on the province and the type of deposit. In Ontario a rent deposit cannot be kept for damage; some provinces permit damage deposits with strict inspection requirements. Quebec generally prohibits them.
What about normal wear and tear?
Landlords cannot charge for ordinary wear from reasonable use — only for damage beyond it. Faded paint and worn carpet after years of occupancy are wear, not damage.
Do I get interest?
Some provinces require annual interest on a rent deposit. Ask for it — it is routinely omitted.
The landlord charged a 'cleaning fee' I never agreed to.
Fees not permitted by the tenancy legislation are generally unenforceable regardless of the lease. Raise it in your application.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.