Under the Residential Tenancy Act of Alberta a Security Deposit can only equal up to a maximum of one month of ๐ฅ๐๐ก๐ง.
If utilities, pet fee or parking are specified separately in a lease then they cannot be collected as a security deposit of rent.
๐๐ ๐ฎ๐บ๐ฝ๐น๐ฒ ๐ผ๐ณ ๐๐ก๐๐ข๐ฅ๐ฅ๐๐๐ง ๐ง๐ฒ๐ฟ๐บ ๐ถ๐ป ๐๐ฒ๐ฎ๐๐ฒ:
The tenant will pay a total of $2,300 per month which includes rent at $2,000, flat rate utilities at $250 and monthly pet fee of $50.
***A security deposit can only be collected on what you have specified the ๐ฅ๐๐ก๐ง amount to be (which is $2,000) and NOT the total of $2,300. This over payment needs to be paid back to the tenants as soon as possible. ***
๐๐ ๐ฎ๐บ๐ฝ๐น๐ฒ ๐ผ๐ณ ๐๐ข๐ฅ๐ฅ๐๐๐ง ๐ง๐ฒ๐ฟ๐บ ๐ถ๐ป ๐๐ฒ๐ฎ๐๐ฒ:
Tenant shall pay monthly, in advance to the Landlord a rental payment of $ 2,300 per month on or before the first day of each and every month of the term of this Agreement. The Tenant shall pay for all (or the following portion: UTILITIES ARE INCLUDED IN RENT ) of the sewer, water, electrical, natural gas and other utilities and charges respecting the Tenant's occupation and use of the premises from the Commencement Date until the return of the premises to the Landlord by the Tenant . Additional utilities to be paid by the Tenant: Cable/Internet & Phone
With this correct term now you can collect the total amount owing as a security deposit of $2,300.
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