When your landlord makes a claim on your security deposit, you will
receive a letter from the Office of the Rentalsman notifying you of the claim, together with a
copy of the claim. You will be given an opportunity to defend the claim by a specified date,
which is within approximately 10 days if you have provided us with your forwarding address, or
within approximately 3 weeks if we have no forwarding address for you.
If you are in agreement with the claim, notify our office by the date
specified in our letter. This is especially beneficial to you if the claim is for only a portion
of your security deposit, as it allows our office to reimburse your portion more quickly.
If you wish to dispute the claim, you must put your defense in writing by
the date specified in our letter to you. It is not sufficient just to say that you do not agree
with the claim - you must provide evidence.
Your written dispute should include the following information:
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A clear statement of why you are disputing the claim.
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Any evidence you have to support your defense of the claim. Make
certain that you include receipts, photos, copies of any termination notice you have received
from or given to your landlord, an in-going Inspection Report signed by both parties, quotes
for costs, witness statements or any other relevant information.
If you agree with the claim but dispute the amount being claimed,
state that in your defense, and present your evidence to support the dispute on costs. Include
quotes from contractors or suppliers to support your position.
If you do not respond to our letter, the Rentalsman will proceed
with the claim process, and the claim may be awarded to your landlord in accordance with The
Residential Tenancies Act.
If you wish to use your security deposit to pay your landlord for
something other than rent, cleaning or damage, such as a utility bill or damage in a common
area or to another apartment, you must instruct the Office of the Rentalsman in writing.
IN THE FUTURE, YOUR BEST DEFENCE TO A CLAIM WILL BE TO PREVENT ONE FROM
BEING FILED AGAINST YOUR DEPOSIT 1N THE FIRST PLACE.
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Make certain you give your landlord a proper written notice to
terminate your tenancy and serve it within the proper time limits depending on the type of
tenancy you have. -
A security deposit can only be claimed for rent owing, cleaning or
damages. -
Make certain you clean the unit and repair any damages you have
caused before you move out. -
It is recommended that whenever possible, you and your landlord
complete a final inspection once you have moved out. -
Other information sheets on landlord/tenant procedures are available
at our offices.