Alberta Security Deposit Claim: How to Sue Your Landlord for a Withheld Deposit

Your Landlord Has 10 Days After You Move Out

Under the Residential Tenancies Act, if there are no deductions, an Alberta landlord must return your security deposit with interest within 10 days after you give up possession of the rental premises. If the landlord makes deductions, within 10 days they must either return the balance with an itemized statement of account or provide an estimate of the deductions and return any amount that will not be used. If they provide an estimate, they must send a final statement and any remaining balance within 30 days after the tenancy ends.

If the landlord simply keeps your money without explanation, or the deductions are inflated or fabricated, you have two filing options.

RTDRS or Court of Justice — Which One to Use

Alberta gives tenants a choice between two forums for security deposit disputes:

Residential Tenancy Dispute Resolution Service (RTDRS)

• Filing fee: $75
• Hearings by phone or video — no need to attend in person
• Streamlined process specifically designed for landlord-tenant disputes
• Monetary jurisdiction up to $100,000 (since August 1, 2023)
• Cannot handle disputes that go beyond the tenancy relationship (e.g., property damage claims unrelated to the lease, personal injury)

Alberta Court of Justice, Civil Division

• Filing fee: $100 for claims up to $7,500; $200 for claims up to $100,000
• In-person hearings at the courthouse
• Broader jurisdiction — handles any civil money dispute
• Better suited when the claim involves issues beyond the tenancy (e.g., a contractor-landlord who also did renovation work)

You cannot file in both forums for the same dispute. Choose one. For a straightforward "landlord kept my deposit" claim, the RTDRS is usually faster and cheaper. For more complex disputes, the Court of Justice gives you a broader hearing.

For a detailed comparison, see our RTDRS vs Civil Court breakdown.

Evidence That Wins Deposit Cases

Security deposit cases are won and lost on documentation. Start gathering evidence as early as possible — ideally before you move out:

Move-in condition report — if you completed one at the start of your tenancy, this is your strongest piece of evidence. It proves the condition of the unit when you received it. If the landlord claims damage you did not cause, the move-in report shows what was already there.

Move-out photos and video — photograph every room, wall, floor, appliance, and fixture on your last day. Include close-ups of any areas the landlord is likely to claim damage on. Date-stamped photos from your phone's camera are fine.

Communication records — texts, emails, or letters between you and the landlord about the deposit, move-out date, inspection, or deductions. If the landlord verbally promised to return the deposit, follow up in writing to create a record.

The landlord's deduction statement — if they provided one, compare each line item against your move-in report and move-out photos. Inflated cleaning charges and "damage" that was normal wear and tear are common.

Receipts for your own cleaning or repairs — if you had the unit professionally cleaned before moving out, keep the receipt.

Lease agreement — confirms the deposit amount, any pet deposit, and the terms of the tenancy.

Filing the Claim

If you go through the Court of Justice, complete Form CTS1461 (Civil Claim). In the claim narrative, state:

• When your tenancy started and ended
• The deposit amount paid and method of payment
• Whether an inspection was conducted
• Whether the landlord provided a statement of account or estimate within 10 days and, if needed, a final statement and balance within 30 days
• Why the deductions are unjustified (or that no statement was provided at all)
• The total amount you are claiming

Name the landlord by their legal name. If the rental property is owned by a corporation, run a Corporate Registry (CORES) search to confirm the exact entity name.

Timeline From Filing to Decision

A typical security deposit case moves through these stages:

1. File and serve the Civil Claim — the landlord has 20 days to file a Dispute Note
2. Pre-Trial Conference — a Justice reviews both sides and pushes for settlement (many deposit disputes resolve here)
3. Trial — if no settlement, both sides present evidence and the Justice decides

From filing to trial typically takes three to six months, depending on the court location. The RTDRS is usually faster — hearings are often scheduled within four to eight weeks.

The Complete Alberta Civil Claim Process

A security deposit case follows the same procedural steps as any other civil claim. Our Alberta Civil Claim Guide covers the full process — demand letter, filing, service, evidence preparation, and the hearing — with deadline tracking and form-by-form instructions for each stage.

See more Alberta guides →