Does a tenant failing to attend move out mean you get to keep the deposit?

Does a tenant failing to attend move out mean you get to keep the deposit? 

When a tenant moves in to the property both parties, the tenant and the landlord are to meet at the property and identify the condition of the property when they move in. This information is indicated on the move-in inspection report.  When the tenant moves out both parties are expected to meet at the property to review the original inspection report and compare the condition of the property after the tenant has vacated the unit. 

During the move out meeting the two parties are expected to agree to any deductions from the deposit fund and indicate this on the move out inspection report. If the parties are not in agreement of the deductions there is a section on the report where this can be indicated and the tenant signs saying they disagree with the deductions. By doing this it requires the landlord to file a claim to keep those deductions. There are only two ways the landlord can keep deposit funds: one is with the tenant’s permission in writing and or by an order from the RTB.        

What happens when the tenant fails to attend the move out inspection? Does the landlord automatically get to keep the funds?. The anwer is no but a bit more details are needed to understand what happens in this case. Deposit funds are held for specific reasons, security and pet damage. The landlord has a requirement to refund these funds within 15 days or file a claim to keep the fund if the parties are not in agreement. One factor that landlords misunderstand is that the 15 day window starts when the tenant provides their forwading address. If a tenant fails to attend the move out inspection they have two years to provide their forwarding address. If a year later they provide their forwarding address the landlord must return the funds or file a claim to keep the funds. 

Without the tenant signature to keep the funds are an RTB order a landlord is in violation of their responsibilities to handle the deposits. 

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