[onetwo_threefour]

Originally Posted by fotze

What types of penalties?

Trust account
44(1) A landlord shall
(a) deposit each security deposit consisting of money received by the landlord into an interest‑bearing trust account at a bank, treasury branch, credit union or trust corporation in Alberta within 2 banking days after receiving the deposit, and
(b) ensure that the security deposit remains in trust until it is disposed of in accordance with this Act and the regulations.
(2) A landlord is the trustee of the money in a trust account on behalf of the tenant who paid it or, if the tenant has assigned the residential tenancy agreement with the consent of the landlord under section 22, the assignee.
(3) A landlord shall deposit only money that is a security deposit in the trust account.
(4) Money in the trust account is subject to this Act and the regulations and to the provisions of the residential tenancy agreement respecting security deposits that are not in conflict with this Act or the regulations.
(5) A landlord shall
(a) keep security deposit records that show with respect to each tenant
(i) the date of receipt of a security deposit by the landlord and the amount of the security deposit,
(ii) the date on which the security deposit was deposited in a financial institution and the name and location of the financial institution,
(iii) particulars of the interest payable and paid to the tenant, and
(iv) particulars of the disposition of the security deposit under section 46, including the manner in which the security deposit or part of it was delivered to the tenant,
and
(b) make the security deposit records available for inspection by the Director or an authorized person for the purposes of an inspection or investigation under Part 6.
(6) A landlord shall keep security deposit records under subsection (5) for at least 3 years after the expiration or termination of the tenancy to which they relate.

Return of security deposit
46(1) In this section,
(a) “deliver” means to deliver by personal service or send by regular, registered or certified mail;
(b) “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;
(c) “security deposit” includes any amount owing to the tenant as interest under section 45 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 on which the tenant gives up possession of the residential 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 on which the tenant gives up possession of the residential 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 or not 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 19 have been met.


60(1) A person who contravenes
(a) section 18, 19(6), 23, 24, 25, 31(13) or (14), 43, 44(1), (3), (5) or (6), 45 or 46(2) or (6) or this Act as described in section 6(2), or
(b) a provision of the regulations referred to in section 69(1)(b) or 70(1)(l),

is guilty of an offence and liable to a fine of not more than $5000.
.