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Old 04-13-2012, 04:04 PM   #1
basqie
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Default Landlord & Security Deposit & Damage Bill???

So this is my first post, and bear with me on this one.
I really need an advice here.

I moved out from my apartment end of March, did the walkthrough with the "current" resident manager.
During that time, she noted the kitchen countertop was damage. I told her that the damage happened when there was a sink that overflowed from the unit above me. During the time I was out of the country and the "former" resident manager told me when I came back.

A few weeks later, I got a mail from the landlord stating how much it cost to replace the countertop and other stuff which in total was more than my deposit. Therefore I would not get them back.
ALSO, it stated that I owe them back. In the letter, it stated the date when the damage occured.

I've been calling the landlord multiple times and left messages with not reply. Note that this is a corporation, so I've spoken with the reception.

My question is:
- How do I get part of my deposit back? Some of the charges are correct, but the countertop one was not my fault.
- Are they allowed to bill me for damages? Especially if it's not my fault?

The amount for some people is not huge, but for me it matters (every little dime), and it's not worth it to bring to court.

The proof I have:
- walk out inspections that stated "damage/stained from flood from above".
- letter from landlord stating cost of damage, the date of when the flood occured.
- copy of my ticket stating that I was out of the country on the date that was stated in the letter.

Any advice?
Thanks!
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Old 04-13-2012, 04:10 PM   #2
GreatWhiteEbola
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Go to small claims court.

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Old 04-13-2012, 04:13 PM   #3
afc wimbledon
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in bc you go to goverment landlord tenantcy board
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Old 04-13-2012, 04:14 PM   #4
afc wimbledon
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The Residential Tenancy Dispute Resolution Service (RTDRS) offers landlords and tenants an alternative means of resolving serious disputes outside of court. The Service is designed to be faster, more informal and less expensive than the courts. Disputes are heard by a Tenancy Dispute Officer who is authorized to make binding decisions on claims of up to $25,000 involving tenancy disputes. The service is currently available in Edmonton and area, Calgary and area and northern Alberta.
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Old 04-13-2012, 09:11 PM   #5
onetwo_threefour
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^ and is a bit of a kangaroo court...
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Old 04-13-2012, 09:59 PM   #6
CalgaryFan1988
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My advice, not saying it's going to work, but it's inexpensive and could save you a lot of trouble..

Write a letter and make it look professional. Take photocopies of your proof (include the copies). Also write an amount that they owe you and explain why. Explain to them (in the letter) that if they fail to give you what they owe you by a certain date they will face legal action.

Shows that you are organized, smart, and are not a pushover. Might not work, but I did it before and it worked for me.

Good luck
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Old 04-13-2012, 10:06 PM   #7
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Quote:
Originally Posted by GreatWhiteEbola View Post
There are materials to help you at the Law Society Library at the Calgary Courts Center but the staff won't be too helpful. You'll have to do your own work but it's not hard.
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Old 04-14-2012, 09:19 AM   #8
onetwo_threefour
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^ All of the required documents to file in Provincial Court (Small Claims) can be found on the Alberta Courts Website. The rules regarding when a landlord is entitled to keep a security deposit are found within the Residential Tenancies Act, RSA 2000, available online through Alberta Queen's Printer or Canlii.org. The Canlii version is probably more user friendly to find what you need.

Shouldn't be any significant need or benefit to going to the law library for something like this... If you do go there, the librarians can be extremely helpful to find stuff that will assist you but you can't expect them to explain the law as they are librarians, not lawyers. If you ask them to help you find texts or case law regarding security deposits for residential tenancies, they'll probably walk you right to the book(s) you need. If you ask them how to sue for your damage deposit, they won't be much help.
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