The landlord can apply the deposit to any amount due by the tenant - outstanding rent or utilities, reasonable payment for damages to the property (for example: cleaning of carpets, lost keys or remotes and returning the state of the property back to its original state at the beginning of the lease), fair wear and tear excluded.
If during the outgoing inspection, it is established there are no damages, the deposit must be refunded within 7 days of expiry of the lease.
If during the outgoing inspection, damages are noted, the balance of the deposit must be refunded within 14 days of restoration of the property.
If the tenant fails to attend the outgoing inspection, the balance of the deposit must be refunded within 21 days of the expiry of the lease.
The tenant is entitled to all receipts for the cost of repairing any damages
The tenant and landlord cannot contract outside of these obligations. For example, the landlord or Property Practitioner cannot state in the lease agreement that the deposit will only be refunded in 30 days – this would be in contravention of the Rental Housing Act