Get an illegal deposit back after you move in

If you do pay an unlawful deposit, make sure you can prove that the payment was required and not voluntary. You can:

• ask the landlord to give you the demand in writing
• check your rental agreement to see if the deposit is listed as “required”
• send a letter to your landlord confirming that you are paying the deposit because the landlord told you it is a requirement to rent the property, and keep a copy of the letter

Make sure you have a receipt for all deposits that you give to your landlord. Your receipt should have the following information:

• your name
• the address of your rental unit
• the landlord's name
• the amount you paid
• the date you paid
• what the money was for
• your landlord's signature

Once you have moved in, you can tell your landlord again that the deposit is unlawful. You can ask for the deposit back. If the landlord did not know the deposit was unlawful, they might return it.

If your landlord still refuses to return the deposit, you can apply to the Landlord and Tenant Board (LTB) to make your landlord return the money.