Jira & Confluence 
Bitrix24 Rental Housing Act · Section 5(3)
Landlord hasn't paid back your deposit? — letter of demand ready, deadlines counted
Short answer. The letter is already open below: fill in the lease and deposit details and send it by hand or registered post. Deposit kept in an interest-bearing account; interest at least the savings rate, payable to the tenant: During the whole lease (Rental Housing Act 50 of 1999, s.5(3)(d)).
- Full refund with interest if nothing is owed (7 days after the lease expires): type the date
- Refund of the balance if you did not respond to the landlord's request for an inspection (21 days after the lease expires): type the date
Check your own case.
Counted in calendar days from the date the lease expired (Rental Housing Act 50 of 1999, s.5(3)(i) and (m)). If the landlord deducts repair costs, the balance is due within 14 days of the day you handed the property back (s.5(3)(g)): enter that date instead and add 14 days. Under the Interpretation Act (s.4) the first day is not counted, and if the last day is a Sunday or public holiday the period runs to the next day.
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Lida, Layers template assistant
Tell me the date your lease ended and whether there was a joint inspection, and I will show you which deadline applies to your landlord.
Put the deposit and the interest on separate lines and attach proof that you returned the keys: those are the first things a tribunal will ask for.
An illustrated character, not a lawyer.
Deadlines
The rules, with the source
| What | Deadline | Source |
|---|---|---|
| Deposit kept in an interest-bearing account; interest at least the savings rate, payable to the tenant | During the whole lease | Rental Housing Act 50 of 1999, s.5(3)(d) |
| Joint inspection before you move out | Within 3 days before the lease expires, at a mutually convenient time | s.5(3)(f) |
| Nothing owed: full deposit plus interest, no deductions | Within 7 days of expiration of the lease | s.5(3)(i) |
| Lawful deductions (damage, lost keys): balance plus interest; receipts open for your inspection | Not later than 14 days after the dwelling is restored to the landlord | s.5(3)(g) and (h) |
| Landlord did not inspect with you | Deemed acknowledgement of good repair: full deposit plus interest | s.5(3)(j) |
| You did not respond to the landlord's inspection request | Landlord inspects within 7 days of expiration; balance due not later than 21 days after expiration | s.5(3)(k)–(m) |
| These lease terms cannot be waived | Apply to every lease, written or not | s.5(3) and s.5(4) |
| Written demand before a Small Claims Court case | By hand or registered post, giving at least 14 days from receipt | Small Claims Courts Act 61 of 1984, s.29(1)(a) |
If the landlord does not pay, you can lodge a complaint about an unfair practice with your province's Rental Housing Tribunal (Rental Housing Act, s.13) or claim in the Small Claims Court or magistrate's court.
Step by step
What to do, in order
1
Gather your papers
Lease, proof of the deposit payment, inspection reports, photos and proof that you returned the keys.
2
Check the deadline
Enter the lease end date: 7 days if nothing is owed, 21 days if you missed the inspection, 14 days from handover if there are deductions.
3
Fill in the letter
Add the deposit, interest and anything already paid back. Choose the inspection option that fits.
4
Deliver it with proof
By hand with a signed copy, or by registered post. E-mail a copy too.
5
Wait 14 days from receipt
Ask for receipts if the landlord claims deductions.
6
Take the next step
Lodge a complaint with the Rental Housing Tribunal or claim in the Small Claims Court, using this letter as your demand.
Questions
Can the landlord keep the deposit until a new tenant moves in?
No. The Act links the refund to the end of your lease and the return of the property, not to a new tenant: 7 days if nothing is owed, or 14 days from handover for the balance after lawful deductions.
Do I get interest on my deposit?
Yes. The deposit must sit in an interest-bearing account at no less than the savings rate, and the interest is refunded to you with the deposit. You may ask for written proof of the interest.
What if we never did a move-out inspection?
If the landlord did not inspect the property in your presence, the Act treats it as returned in good repair and the full deposit plus interest must be refunded. If you ignored the landlord's request to inspect, the landlord may inspect alone and has 21 days to pay the balance.
Official sources
Other documents
Keep the papers in one place
Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.
This is a ready document and a deadline calculation, not legal advice.