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Home > Ending the Tenancy > Just the Facts > Return of Security Deposit > Time for Tenant to Give Up Possesion

Time for a Tenant to Give Up Possession

The rules for either returning a security deposit or an accounting of the use of the deposit to a tenant, state that it must be done within a certain number of days after the tenant gives up possession of the premises. It is therefore important to determine that particular date.

The circumstances may vary as to when a tenant is considered to have given up possession of the premises. The tenancy agreement might say when a tenant is assumed to have given up possession, for example, at a certain date or when the keys are returned. If the agreement does not mention this, the Residential Tenancies Act provides that if the tenant has paid rent to the end of the tenancy and still has keys, he is not considered to have given up possession unless:

  • the tenant agrees with you that he has given up possession, or

  • the circumstances are reasonable for you to believe that the tenant has abandoned the property or no longer wants to be bound by the tenancy agreement.

The Act also states that when a tenancy expires or is terminated, it ends at noon on the last day of the tenancy unless you and the tenant agree otherwise. The only exception is if a tenancy is ended on 24 hours notice because a tenant has damaged property or assaulted or threatened to assault the landlord or another tenant.

January 2006



Return of Security Deposit:Deposit Returned in FullDeductions RequiredHow Deposit/Account Must be ReturnedMultiple TenantsOffencesTime for Tenant to Give Up Possesion