2. Get your deposit back
Question & Answer
Can my landlord keep my deposit because of damage?There are only 2 kinds of deposits that landlords are allowed to ask for. These are:
- rent deposits, and
- key deposits.
If you paid a when your moved in, your landlord is not allowed to keep it to pay for damage or cleaning.
Rent deposit
Your landlord can only use your rent deposit to cover the rent for the last rent before you move out. That's why deposits are often called last month's rent deposits (LMR).
Key deposit
Your landlord can only use your key deposit to replace any keys, entry cards, or other entry devices you do not return when you move out.
How to get your deposit back
The easiest way to get your rent deposit back is to use it to pay for the last rent period before you move out.
You can tell your landlord to use your deposit, plus any interest your landlord owes you, for that final rent payment. If it's not enough, you can pay the difference.
To get your key deposit back, ask for it when you hand in all your keys and entry devices to your landlord.
Make sure that you get something in writing from your landlord confirming you gave back all the keys. You'll want this proof if your landlord refuses to return your key deposit.
If your landlord will not give you the deposit
If you do not get your deposits back in these ways, ask your landlord in writing to return them.
If they refuse, you can call the Ontario government's Rental Housing Enforcement Unit (RHEU) at 1-888-772-9277.
You can also apply to the Landlord and Tenant Board and ask them to your landlord to give your deposit back.
Use CLEO's Guided Pathway to complete Form T1 – Tenant Application for a Rebate of Money the Landlord Owes. This is a free online interview that helps you complete the to the .
