Calgary, AB

I have just recently moved out of a house I was living in with a couple roommates. I am having troubles getting my damage deposite back. I need to know if it is the responsibility of the landlord to pay me out, or if it is up to my roommates to pay me my portion?
Will I have to wait until they move out of the house to get it back? I have asked them to pay out my portion to me, then when they move out they get the full damage deposite back, but they have just been saying no. I am young, and I get the impression they are taking advantage of that, or trying to. I know I may not know a lot, but I really need an answer to this or at least help with where to go to find out?

Thanks a-lot

Calgary, AB

I have just recently moved out of a house I was living in with a couple roommates. I am having troubles getting my damage deposite back. I need to know if it is the responsibilty of the landlord to pay me out, or if it is up to my roommates to pay me my portion?
Will I have to wait untill they move out of the house to get it back? I have asked them to pay out my portion to me, then when they move out they get the full damage deposite back, but they have just been saying no. I am young, and I get the impression they are taking advantage of that, or trying to. I know I may not know a lot, but I really need an answer to this or at least help with where to go to find out?

Thanks a-lot



In the US the deposit is not returned until the lease ends or is bought out. Your roommates don't have your money. The landlord does. Sometimes roommates will be "nice" and buy you out but not necessarily.

You are on the hook for the lease until the expiration date unless the landlord will let you out.

We need more info about the tenancy. Were you all signed on the lease? When did the lease terminate or was it month to month? Did the roommates replace you?

Calgary, AB

I have just recently moved out of a house I was living in with a couple roommates. I am having troubles getting my damage deposite back. I need to know if it is the responsibilty of the landlord to pay me out, or if it is up to my roommates to pay me my portion?
Will I have to wait untill they move out of the house to get it back? I have asked them to pay out my portion to me, then when they move out they get the full damage deposite back, but they have just been saying no. I am young, and I get the impression they are taking advantage of that, or trying to. I know I may not know a lot, but I really need an answer to this or at least help with where to go to find out?

Thanks a-lot
Residential Tenancies Act (http://www.canlii.org/ab/laws/sta/r-17/20030722/whole.html)

Hi there, I guess I will need to know a few things:

Who was on the Lease Agreement? If you where on the Lease/Rental Agreement and you have proof of providing the damage deposit then you should be getting that damage deposit from the Landlord. If you where not on the Lease/Rental Agreement and you gave the roommate who is on the Lease/Rental Agreement monies representing the initial damage deposit and have proof of same then your roommate is obligated to give you the money back and the Landlord has nothing to do you with you (Legally).

Was there any damage and did you guys fulfill your contract upon termination or if you will the grounds for termination where not breached. This section applies to the return of security deposits.

48(1) In this section,
(a) "normal wear and tear" in respect of residential premises
Means the deterioration that occurs over time with the use
Of the premises even though the premises receive
Reasonable care and maintenance;
(b) "security deposit" includes any amount owing to the
Tenant as interest under section 47 at the time of the
Expiration or termination of the tenancy.
(2) A landlord who holds a security deposit shall within 10 days
After the day that the tenant gave up possession of the premises
(a) deliver the security deposit to the tenant,
(b) if all or part of the security deposit has been deducted in
Accordance with the conditions agreed to by the tenant,
Deliver to the tenant the balance of the deposit, if any, and
A statement of account showing the amount of the deposit
Used, or
(c) if the landlord is entitled to make a deduction from the
Security deposit in accordance with the conditions agreed
To by the tenant but is unable to determine the correct
Amount of the deduction, deliver to the tenant the balance
Of the deposit, if any, that the landlord does not intend to
Use and an estimated statement of account of the
Anticipated deduction and within 30 days after the day that
The tenant gave up possession of the premises deliver to
The tenant the remaining balance of the deposit, if any, and
A final statement of account.
(3) If a landlord fails to return all or part of a security deposit to a
Tenant in accordance with subsection (2), then, whether a
Statement of account was delivered to the tenant, the tenant may
Commence an action in a court to recover the whole of the deposit
Or that part of the deposit to which the tenant claims to be entitled.
(4) In proceedings taken under subsection (3), the court
(a) shall determine the amounts, if any, that the landlord is
Entitled to deduct from the security deposit in accordance
With the conditions agreed to by the tenant, and
(b) if the deductions so determined are less than the amount
Of the deposit, shall give judgment in favour of the tenant
For the balance.
(5) No deduction may be made from a tenant's security deposit for
Normal wear and tear to the residential premises during the period
Of the tenant's tenancy.
(6) A landlord shall not make a deduction from a tenant's security
Deposit for damages to the residential premises unless the
Requirements respecting inspection reports under section 18 have
Been met.

You should be getting your damage deposit back... sounds like you where not on the contract but have some sort of verbal agreement with the roommates. I would demand the money so long as you kept your area clean and no damages where sustaining and rent is up to date.

There were four of us on the lease. Myself and three other roommates, it was not a set lease but only a month to month rental agreement. I left because of issue's with member's in the house. (I can't stand dirty people, and they put many damages into the house) I have informed the landlord in writing of any damages inflicted by me and have let her know of damages inflicted by them. I know I will be held accoutnable for some of the damage.
It was myself and my boyfriend that moved out and our two other roommates are still living there. I have scheduled a time to meet with the landlord and discuss but she has said it is up to my roommates to pay me out, unless they move out.
All four of our names were on the lease, and our landlord did not wright out separate reciepts but one for all of us as a whole.

And yes they have already moved two new roommates in. I was hoping they would just pay me the portion of the damage deposite, that they would be paying to the landlord. But I am just getting the run-around.

There were four of us on the lease. Myself and three other roommates, it was not a set lease but only a month to month rental agreement. I left because of issue's with member's in the house. (I can't stand dirty people, and they put many damages into the house) I have informed the landlord in writing of any damages inflicted by me and have let her know of damages inflicted by them. I know I will be held accoutnable for some of the damage.
It was myself and my boyfriend that moved out and our two other roommates are still living there. I have scheduled a time to meet with the landlord and discuss but she has said it is up to my roommates to pay me out, unless they move out.
All four of our names were on the lease, and our landlord did not wright out seperate reciepts but one for all of us as a whole.

Ok if there where four of you on the Lease then the four of you are held accountable for damages to the Landlord... not one Tenant over the other. The terms set out in the Lease are the terms that will guide you on obtaining your security deposit back. If it was set out for 6 months lets say then upon expiration of the terms, they must choose to renew or leave... this is the time that the Landlord can choose to return the applicable amount of the damage deposit with interest if everything is in reasonable condition and regular wear and tear. If there are serious damages then the damage deposit can be lost to the Tenant. Now, you say that it is "month-to-month" as a verbal agreement. Verbal agreements tend to get really sticky and hard to fight... the best way to approach it is to deal with the terms of the contract... if it gets to court stuff... they want stuff in writing. You need to amend the terms of the lease NOW and provide notice of you and your boyfriends leave so that if circumstances worsen at the unit/property you will not be held accountable... Landlord will not issue damage deposit due to your leave. The Landlord is right... your roommates will have to pay you out... if they agree to and if not upon termination of the lease which could happen whenever. Now a security deposit was claimed by the Landlord that's great but do you have anything like a cheque or bank receipt evidencing the money transfer? Or was it split in 4 ways?

And yes they have already moved two new roommates in. I was hoping they would just pay me the portion of the damage deposite, that they would be paying to the landlord. But I am just getting the run-around.

This absolutely needs to be addressed to the Landlord and they "should" pay you a portion of the deposit back... you are in a difficult situation.

Normally, in a situation like this, the new roommates pay their share of the deposit to the outgoing roomies.

As long as any of the original lease signators remain in the rental, then the landlord continues to hold the deposit and does not have to return it.

Normally, in a situation like this, the new roommates pay their share of the deposit to the outgoing roomies.

As long as any of the original lease signators remain in the rental, then the landlord continues to hold the deposit and does not have to return it.



Exactly and this is where I started - as long as the lease exists under the original terms the landlord has the legal right to hold the security deposit (at least in the US, don't know about Canada, although I've looked through the site and it appears to say what I believe to be correct).

People who took over the lease or didn't take over the lease don't matter - the security remains against any damages during the term of the lease. If the roommates want to be nice, if the replacement roommate wants to be nice, that's another story but the landlord is under no legal obligation to return the deposit or any part of it to any of the roommates.

For that matter it is not the "job" of the landlord to divide the deposit among the roommates. The landlord could cut one check payable to four people and hand it over and then let the roommates squabble about who paid what portion.

- And I'm a landlord.

Ok if there where four of you on the Lease then the four of you are held accountable for damages to the Landlord...not one Tenant over the other. The terms set out in the Lease are the terms that will guide you on obtaining your security deposit back. If it was set out for 6 months lets say then upon expiration of the terms, they must choose to renew or leave...this is the time that the Landlord can choose to return the applicable amount of the damage deposit with interest if everything is in reasonable condition and regular wear and tear. If there are serious damages then the damage deposit can be lost to the Tenant. Now, you say that it is "month-to-month" as a verbal agreement. Verbal agreements tend to get really sticky and hard to fight...the best way to approach it is to deal with the terms of the contract...if it gets to court stuff...they want stuff in writing. You need to amend the terms of the lease NOW and provide notice of you and your boyfriends leave so that in the event that circumstances worsen at the unit/property you will not be held accountable...Landlord will not issue damage deposit due to your leave. The Landlord is right...your roommates will have to pay you out...if they agree to and if not upon termination of the lease which could happen whenever. Now a security deposit was claimed by the Landlord thats great but do you have anything like a cheque or bank receipt evidencing the money transfer? Or was it split in 4 ways?


The tenant cannot amend the terms of the lease without the consent of the other parties to the lease, including the landlord. You cannot amend a contract by putting in writing, "I'm changing the terms and here are the new terms." It's basic contact law.

It cannot be done by "putting it in writing." The landlord doesn't care who will or has damaged the apartment. It's not his or her fight. The money on deposit goes against damages and if there are damages, then the person who left is still responsible.

It's an unfortunate legal situation for anyone who enters into a lease and then wants to leave.

Depends on the property manager... and in most cases all parties do consent. I have had neighborers go through the same thing... no of course the Landlord isn't going to give the deposit back as I said but Notice of Leave should be provided regardless... she doesn't live there. Some property managers require Notice of Leave. I think it would be a good idea for her to ask about that.

Depends on the property manager...and in most cases all parties do consent. I have had neighborers go through the same thing...no of course the Landlord isn't going to give the deposit back as I said but Notice of Leave should be provided irregardless...she doesn't live there. Some property managers require Notice of Leave. I think it would be a good idea for her to ask about that.



I'm a landlord, I did belong to a property owners association and I've never heard of a Notice of Leave before. In the US there's a Notice TO leave which basically says, "I want you and here's why," sort of pre-eviction.

The Notice of leave sounds like it would protect the tenant in some fashion and could be helfpul to other people because this is posted every now and then. I'd be curious to see what the notice looks like, what it contains - do you have any more info?

I rented for 3 years and moved around in Calgary, Alberta and I did provide written notice upon choosing to terminate a lease or not renew after the term was over... its very simple and straight forward. Since her name is on the lease (not that it is required by law) she can protect herself from further potential expenses. I never received a rejection providing it.

I did provide written notice upon choosing to terminate a lease or not renew after the term was over...

That is SOP. Whether you are a renter or landlord, you should provide written notice of your intent to vacate or terminate the lease. It is very simple, especially for the renter:

I am vacating the unit as of xx/xx/xxxx.

I rented for 3 years and moved around in Calgary, Alberta and I did provide written notice upon choosing to terminate a lease or not renew after the term was over...its very simple and straight forward. Since her name is on the lease (not that it is required by law) she can protect herself from further potential expenses. I never received a rejection providing it.



Oh, I agree with that but OP is talking about leaving mid-lease and protecting her rights and her security deposit. You are talking about written notice to renew or leave at the end of the lease, two different scenarios.

I still don't think when there's a written lease which is still in effect that a tenant sending a, "Hey, I'm leaving now" letter protects that single tenant from liability and responsibility for the balance of the lease UNLESS the landlord agrees IN WRITING to let the tenant out of the lease. You can only change the terms of the lease with the consent of both parties - tenant and landlord. It's a contract.

You seem to be referring to a notice or letter to leave - very common here in the US. It's the notice of leave, protecting the tenant's rights, that I'm interested in.

Oh, I agree with that but OP is talking about leaving mid-lease and protecting her rights and her security deposit. You are talking about written notice to renew or leave at the end of the lease, two different scenarios.

I still don't think when there's a written lease which is still in effect that a tenant sending a, "Hey, I'm leaving now" letter protects that single tenant from liability and responsibility for the balance of the lease UNLESS the landlord agrees IN WRITING to let the tenant out of the lease. You can only change the terms of the lease with the consent of both parties - tenant and landlord. It's a contract.

You seem to be referring to a notice or letter to leave - very common here in the US. It's the notice of leave, protecting the tenant's rights, that I'm interested in.

No its not... she is leaving... she should provide notice... simple. It will in Court... can't hold someone responsible for damages if they didn't live there... I have watched Judges (who have empathy) render in the decisions in the Defendants favor. I already said that consent is required by all parties to amend the lease... but it's a step in all likelihood no one is going to reject... she should inquire and that is simply what I am stating.

By the way your system is A LOT different then Canada.

No its not...she is leaving...she should provide notice...simple. It will in Court...can't hold someone responsible for damages if they didn't live there...I have watched Judges (who have empathy) render in the decisions in the Defendants favor. I already said that consent is required by all parties to amend the lease...but its a step in all likelihood no one is going to reject...she should inquire and that is simply what I am stating.

By the way your system is A LOT different then Canada.



Apparently so - here if you're on the lease, you're responsible for the damages. The landlord who COULD hold 4 (or some other number) people accountable cannot be forced to now hold 3 (or some other reduced number) accountable.

And, yes, in the US - at least in NY - the Court can and will hold you responsible for any damages while your name is on the lease, whether you live there or not.

Notice should be provided when choosing to vacate or terminate. The Judge takes all information into account... he/she may render some damages responsible to the tenant leaving but not incur all the expenses equal to the other tenants... there is two tenants leaving and two more coming into the picture. This fact can not be ignored. The Landlord will obviously take all actions and legal recourse available to them but then the fight could end up between the tenants in small claims courts. In my experience renting in Calgary, we had my husbands brother on the lease and then changed the lease terms after 2 months and added on our friend instead... the landlord agreed to change the terms with no problems (besides the landlord wanted to know who was in there). We paid my brother-in-law his deposit and took the deposit from our friend. I realize that if your on the lease that your responsible... this is apparently unavoidable... but again the Judge render the final decision to what is fair and just. Every Judge works different (we know which ones we don't want to stand before and which ones we do at the firm (some are harder and others more willing to listen or give empathy)) This is why I am saying she should provide notice and try to inquire on amending the terms.

Getting into technicality though. To the OP, the roommates should be giving you your deposit back (or a portion of it)... demand it.