• where the security deposit is not returned to a tenant within 10 days of having given up possession of the premises;

• where the requirements for making deductions from the deposit, including providing a full accounting to the tenant for deductions made within the required time limits are not complied with;

• where deductions are made from a deposit when the full requirements for inspection reports have not been met;

• where the appropriate procedure (personal service or regular, registered or certified mail) for returning a security deposit or an accounting of it is not used;

• where records relating to the handling of a security deposit have not been completed or retained.

Tenants can make a complaint about a suspected offence to Alberta Government Services (Consumer Services) who will investigate the matter. You can be prosecuted for the offence and fined up to $5,000. At the trial, you can be ordered to pay all or part of the security deposit that is owed, together with interest. If you do not comply with the court order, the tenant can enter the order as a judgment of the Court of Queen's Bench and enforce the order as if it were a judgment from the Court of Queen's Bench. This means that the tenant can take advantage of a garnishee procedure that allows for the attachment of wages or a bank account to pay a judgment. For more information, see Alberta Courts - Court of Queen's Bench - Publications and Forms - Getting and Collecting Your Judgment in Alberta.