Can landlord keep security deposit for breaking lease Alberta?

Asked By: Joakina Ulas | Last Updated: 6th February, 2020
Category: real estate real estate renting and leasing
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Returning the tenant's security deposit
If the tenant does not meet these conditions, the landlord has the right to keep part or all of the security deposit to cover these costs. If the costs exceed the security deposit, the landlord can take legal action to claim for the money owing.

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Beside this, can landlord keep security deposit for breach of contract?

If a tenant breaks their lease, the landlord can keep all or part of the security deposit necessary to cover the costs associated with this breach. You may also be able to charge the tenant the court costs or attorney fees necessary if you have taken legal action against them.

One may also ask, how long does a landlord have to return damage deposit in Alberta? The tenant must be advised in writing within 10 days of the actual cost of damages if they are known, or an estimate if repairs are not complete. An itemized list of the costs must be provided, or if an estimate, repairs must be completed and the deposit returned to the tenant within 30 days.

Beside above, can a tenant terminate a lease early in Alberta?

A landlord is not obligated to accept a tenant's notice to terminate a fixed term tenancy before the end of the fixed term, but may agree to an early termination, or an assignment or sublease. At the end of the fixed term agreement, the landlord and tenant may both want to continue the tenancy.

What happens when you break a rental lease in Alberta?

There is no notice required by the landlord or yourself, if you are moving out. The law requires the landlord to make reasonable efforts to rent the premises even if you break the lease, but if no tenant is found, you will probably have to pay the rent until the fixed term tenancy ends.

38 Related Question Answers Found

Are nail holes normal wear and tear?

Faded paint or wallpaper is considered normal wear and tear, and minor superficial damage — such as a few small nail holes, or a hole where a door handle hit the wall — is usually considered normal wear as well. These small issues can easily be repaired and shouldn't come out of the tenant's security deposit.

What landlords can and Cannot do?

A landlord cannot refuse to rent to persons in a protected class. A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently. A landlord cannot end a tenancy for a discriminatory reason. A landlord cannot harass you.

How can I ruin my landlord's life?

7 Steps for Fighting – and Beating – a Bad Landlord
  1. Start a written record. The problems with my landlord started almost immediately after I moved in.
  2. Check your lease agreement. If your landlord agreed to something in your lease, he has to follow it.
  3. Send written requests.
  4. Decide if you have a case.
  5. Seek legal assistance.
  6. File a civil lawsuit.
  7. Fight discrimination.

Can I get my security deposit back if I never signed a lease?

Security deposit refunds are often a matter of state law or even city ordinances. Generally, however, if you give a security deposit for an apartment that you don't ever take possession of or sign a lease for, then you are entitled to the entire deposit back.

Do you get your deposit back if you are evicted?


If you are evicted, you still owe rent to the landlord until you move out. This amount can be deducted from the security deposit if you fail to pay it. Outside the eviction context, a tenant sometimes will prefer not to pay rent for their last month and simply let the landlord deduct it from the deposit.

What is not normal wear and tear?

Normal wear and tear is different than tenant caused damage. Normal wear and tear occurs naturally over time. Damage caused by tenants isn't a result of aging but is a result of negligence, carelessness or abuse. Normal wear and tear is required to be paid for by the landlord and tenant damage is not.

What can landlords tell new landlords?

Rest assured there are no privacy laws limiting what a landlord can or can't disclose about a previous tenant. You can say anything you wish. However, our advice is to stick to the facts and only give information that you can support with written proof so that your former tenants won't accuse you of slander.

How can I get out of a rental agreement?

Getting out of your tenancy agreement
  1. Break clause. You may be able to end your tenancy early if the contract includes a break clause.
  2. Negotiate out of your tenancy agreement. Talk to the landlord about why you want to leave the property.
  3. Unwinding a tenancy agreement.
  4. Landlord is in breach of contract.

Can a tenant break a lease in Alberta?

Tenants and landlords may terminate a rental agreement for a variety of reasons, such as: the agreement was breached. the tenant found another place to live. the landlord wants to end the tenancy for a prescribed reason.

How can I break my lease without penalty?


Breaking your lease without losing a cent
  1. Check your lease for ironclad clauses. Your landlord and property manager generally lay down the ground rules in your lease, so check for any references to early termination – “early release”, “sub-let” and “re-let” are terms to watch for.
  2. Knowledge is power.
  3. Give your notice.
  4. Find a new tenant.
  5. Keep negotiating.

Can I sue my tenant for breaking lease?

1. Breaking a lease can cost you big time. “If you break a lease without establishing legitimate reasons for termination, your landlord can sue you for the remainder of the lease rent,” Beyer said. Most landlords try to re-rent to a new tenant, and the laws in some states require your landlord make these efforts.

Can I end my lease early?

A popular misconception is that it is impossible to end a lease early. In truth, all leases can be terminated early. However, since lease agreements are not designed to be broken, substantial penalties and fees are usually associated with early termination. It is, in the end, a question of cost.

How much can landlord charge for breaking lease?

For example, if you were paying $1,100 a month and broke the lease with 6 months left, and the landlord could only rent the unit for $1,000 a month, the landlord is entitled to $600 from you. Some landlords also allow tenants to be let out of the lease by paying a fee.

Is it legal for a landlord to break a lease?

A landlord may legally terminate a lease if a tenant significantly violates its terms or the law -- for example, by paying the rent late, keeping a dog in violation of a no-pets clause in the lease, substantially damaging the property, or participating in illegal activities on or near the premises, such as selling

What are my rights as a tenant in Alberta?


A rental agreement sets out the terms to rent a residential property. A landlord can evict a tenant on reasonable grounds, and the tenant has the right to dispute the eviction except for non-payment of rent. Landlords may ask tenants for a security deposit, sometimes called a damage deposit.

When can you break a lease?

If you break a long-term lease – that is, it did not end early by mutual agreement or a VCAT order on hardship grounds - the landlord can ask you to pay one month's rent for every full year remaining on the lease. This is capped at six years, so the maximum amount the landlord can ask for is six months' rent.

How much notice does a landlord have to give a tenant to move out in Alberta?

If someone who is not listed in the tenancy agreement is living in the residential rental premises, the landlord has the right to give that person at least 14-days notice to leave. If the tenant has moved out, the landlord can give the unauthorized occupant at least 48 hours notice.