Acts and Regulations

R-10.2 - The Residential Tenancies Act

Section 8.011
Disposition versions

Full text
Order requiring delivery of security deposit
8.011(1)Where a tenant informs a residential tenancies officer in writing that a landlord has failed to deliver or cause to be delivered to a residential tenancies officer a security deposit or any portion of a security deposit as required under subsection 8(7.1) or 8.01(2), the residential tenancies officer may conduct an investigation and may, after conducting the investigation, order the landlord to deliver the security deposit or portion of the security deposit to the residential tenancies officer, within the time specified in the order, if the residential tenancies officer is satisfied that
(a) the security deposit or portion of the security deposit was accepted by the landlord or an agent or representative of the landlord with or without a requirement for the security deposit under the Standard Form of Lease or without a Standard Form of Lease having been signed, and
(b) the landlord failed to deliver or cause to be delivered the security deposit or portion of the security deposit to a residential tenancies officer as required under subsection 8(7.1) or 8.01(2).
8.011(2)If upon the expiry of the time set out in an order under subsection (1), the landlord has failed to deliver or cause to be delivered the security deposit or portion of the security deposit to the residential tenancies officer, the residential tenancies officer may deem that all or a portion of the undelivered security deposit or undelivered portion of the security deposit shall be applied toward the payment of the tenant’s rent and so advise the landlord and tenant by notice.
8.011(3)No action or other proceeding lies against a tenant based on a failure to pay rent where, under subsection (2), the residential tenancies officer has deemed that all or a portion of the undelivered security deposit of the tenant or of the undelivered portion of the security deposit shall be applied toward the payment of the rent.
2006, c.5, s.7; 2017, c.1, s.1
Order requiring delivery of security deposit
8.011(1)Where a tenant informs a rentalsman in writing that a landlord has failed to deliver or cause to be delivered to a rentalsman a security deposit or any portion of a security deposit as required under subsection 8(7.1) or 8.01(2), the rentalsman may conduct an investigation and may, after conducting the investigation, order the landlord to deliver the security deposit or portion of the security deposit to the rentalsman, within the time specified in the order, if the rentalsman is satisfied that
(a) the security deposit or portion of the security deposit was accepted by the landlord or an agent or representative of the landlord with or without a requirement for the security deposit under the Standard Form of Lease or without a Standard Form of Lease having been signed, and
(b) the landlord failed to deliver or cause to be delivered the security deposit or portion of the security deposit to a rentalsman as required under subsection 8(7.1) or 8.01(2).
8.011(2)If upon the expiry of the time set out in an order under subsection (1), the landlord has failed to deliver or cause to be delivered the security deposit or portion of the security deposit to the rentalsman, the rentalsman may deem that all or a portion of the undelivered security deposit or undelivered portion of the security deposit shall be applied toward the payment of the tenant’s rent and so advise the landlord and tenant by notice.
8.011(3)No action or other proceeding lies against a tenant based on a failure to pay rent where, under subsection (2), the rentalsman has deemed that all or a portion of the undelivered security deposit of the tenant or of the undelivered portion of the security deposit shall be applied toward the payment of the rent.
2006, c.5, s.7