Need help to determine damage deposit outcome in a rather complicated eviction situation.

:25px-Flag_of_Alberta:Alberta

TLDR,

Eviction notice ended halfway through February but half of rent was paid, no move in inspection was completed initially, and I’m wondering if I get my whole damage deposit back now or if somehow landlord has a claim to any of it

About halfway through January, my ex and I split up and she began the process of moving out, taking with her the car we shared that was fully in her name. I unfortunately have been trying to secure myself a job and am currently unemployed since the end of December because the restaurant I was working at very unexpectedly closed. None of this is particularly relevant, I’m just adding context for the situation for brevity’s sake.

On to the relevant information, from my savings I was only able to pay half of the rent for February, and as such my landlord handed me an eviction notice on February 2nd, requiring my move out by February 17th. I of course tried to make up the remainder of rent by selling what I could but I was unable to make up the difference on time. As it stands right now, I am quite estranged from any family and they were not an option to ask for assistance in moving out. I also have, quite literally a grand total of no friends, close or otherwise, thanks to my ex being controlling, jealous, and incredibly manipulative. (Not that I had many friends beforehand, I’ve always been the person to have one or two close friends rather than an entire social circle, and unfortunately the only people I really considered friends live in BC anyways, so they’re also not an option to ask for help from. I mention all of this to explain why I’m now a week beyond my eviction date.)

Thankfully, my landlord was gracious enough and understanding enough to grant me extra time to move out, knowing this last week with the cold snap was not an ideal situation to be moving my things. Now that it’s over, and I am fully packed, I took the very last of my money and rented a storage unit, and a U-Haul to get it all there, which I will be renting tomorrow as most of my things are already packed.

My ultimate question and reason for posting;

My landlord never completed a move in inspection checklist when I began my lease. I have confirmed this in writing with her. I also understand that in Alberta, not having a move-in inspection completed automatically guarantees the renter the entirety of the damage deposit to be returned, however I also understand that a landlord can still withhold a portion or the entirety of a damage deposit even if a move in inspection is not completed for something like missed rent. But if I had given her rent for half of the month already, *and* my eviction notice ended on the 17th, am I entitled to the entirety of the damage deposit or does she still have a claim on a portion of it? I would argue that no, she does not, because technically I paid for half the month, and with the eviction notice ending around halfway through the month anyways what claim would she have to the deposit to begin with? thanks in advance for any helpful information 🙏

Posted Feb 25, 2026, 5:37 AM UTC

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