contract-law canada landlord
Can a landlord hold damage deposit after changing a contract?
<p>I recently signed a contract with a new landlord.  Both parties agreed to the terms (specifically having 1 month free rent with a year lease) and signed the lease.  They also took my damage deposit.
I received an email today from the landlord saying that he cannot uphold the 1 month free and would like for me to sign and resend an updated lease.  I refused as that was a major part of why I picked that location and asked for the damage deposit back and he claimed that the damage deposit was non refundable.</p>

<p>Is this actually a fair claim from the landlord?  No where in the lease does it say this and I see no reason why he wouldn't simply return the damage deposit.</p>

<p>Also I live in Alberta, Canada if that helps.</p>

<p>As Davidgo says, the landlord is out of luck, though he isn't obligated to offer a month free rent on a renewal of the lease. As for the security deposit, <a href="http://www.qp.alberta.ca/documents/Acts/R17P1.pdf" rel="nofollow">the Residential Tenancy Act</a> says that the deposit must be kept in an interest-bearing trust account. Section 46(2) p. 37 states that the landlord shall (meaning, must) return the deposit within 10 days of giving up possession of the premise. Also not per 47(1) that</p>

<blockquote>
  <p>A person who acquires the interest of a landlord in  residential
  premises has the rights and is subject to the obligations  of the
  previous landlord with respect to a security deposit paid to  the
  previous landlord in respect of the residential premises.</p>
</blockquote>

<p>You can go to court, or there is a <a href="http://servicealberta.ca/landlord-tenant-disputes.cfm" rel="nofollow">dispute-resolution service</a></p>
