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Insolvency & Rental Property Management: Who is liable for the return of pre-appointment security deposits?

David Wood · May 8, 2007 ·

The RTA provides that the landlord and all successors are liable for the return of the security deposit.

However, the RTA also goes on to say that a landlord who receives a security deposit must pay interest on the deposit and return it within fifteen days after the end of the tenancy agreement or file an application for arbitration to make claim against the security deposit.

It appears to be unclear as to whether a Receiver is in fact liable for the return of a security deposit he did not receive. There are even Arbitrators who treat this differently. Current jurisprudence is unsettled.

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