damage deposit

[Trace]

i gave the landlord damage deposit and ended up not moving in. he is asking to keep 200 out of the damage deposit. does he have a right to do that or should i get the entire deposit back?

[SettlementOrgMod]

Hi there,

Thank you for sharing your question and situation with us.

According to the Steps to Justice article Can my landlord keep my deposit because of damage?, your landlord is only allowed to use your security deposit to cover the last month’s rent. Here’s an excerpt:

If you paid a security deposit when your tenancy started, your landlord is not allowed to keep it to pay for damage or cleaning. Your landlord can only use your security deposit to cover the rent for the last rental period before your tenancy ends. That is why security deposits are often called last month’s rent deposits (LMR).

The easiest way to get your security deposit back is to not make your normal rent payment for the last 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 is not enough, you can just pay the difference.

If you didn’t get your deposit back that way, ask your landlord to return it. If they refuse, you can you can call the Ontario government’s Rental Housing Enforcement Unit (RHEU) at 1-888-772-9277 (toll-free) or 416-585-7214.

You can also apply to the Landlord and Tenant Board to order your landlord to give your deposit back.

You may also want to contact the nearest Community Legal Clinic for some advice regarding your situation. You can find the nearest one by using this tool here. Steps to Justice also has a compiled list of programs and services for helping housing law that may be helpful.

If you do not qualify to receive services from a Community Legal Clinic, please contact the Landlord and Tenant Board directly.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org Team