Thread: Landlord Advice
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Old 08-13-2008, 02:29 PM   #4
Kjesse
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There is no need for a "checklist", though using a checklist is a good way of doing it. What you have to do is a move-in inspection, and a move-out inspection, and provide a report for each.

Inspection report
18(1) A landlord and tenant shall, within one week before or after
a tenant takes possession of residential premises, inspect the
premises, and the landlord shall provide the tenant with a report of
the inspection that describes the condition of the premises.

(2) A landlord and tenant shall, within one week before or after a
tenant gives up possession of residential premises, complete an
inspection of the premises, and the landlord shall provide the tenant
with a report of the inspection that describes the condition of the
premises.
(3) The landlord may complete the inspection without the tenant if
an adult person who falls within the definition of tenant has refused
to take part in 2 inspections suggested by the landlord to take place
(a) on different days,
(b) on days that are not holidays, and
(c) between 8 a.m. and 8 p.m.
(4) A report must contain the prescribed statements and be signed
in accordance with the regulations.

1991 c18 s15


And here's the rules about making deductions from the deposit. It says nothing about a "checklist":

48(1) In this section,
(a) "normal wear and tear" in respect of residential premises
means the deterioration that occurs over time with the use
of the premises even though the premises receive
reasonable care and maintenance;
(b) "security deposit" includes any amount owing to the
tenant as interest under section 47 at the time of the
expiration or termination of the tenancy.
(2) A landlord who holds a security deposit shall within 10 days
after the day that the tenant gave up possession of the premises
(a) deliver the security deposit to the tenant,
(b) if all or part of the security deposit has been deducted in
accordance with the conditions agreed to by the tenant,
deliver to the tenant the balance of the deposit, if any, and
a statement of account showing the amount of the deposit
used, or
(c) if the landlord is entitled to make a deduction from the
security deposit in accordance with the conditions agreed
to by the tenant but is unable to determine the correct
amount of the deduction, deliver to the tenant the balance
of the deposit, if any, that the landlord does not intend to
use and an estimated statement of account of the
anticipated deduction and within 30 days after the day that
the tenant gave up possession of the premises deliver to
the tenant the remaining balance of the deposit, if any, and
a final statement of account.
(3) If a landlord fails to return all or part of a security deposit to a
tenant in accordance with subsection (2), then, whether or not a
statement of account was delivered to the tenant, the tenant may
commence an action in a court to recover the whole of the deposit
or that part of the deposit to which the tenant claims to be entitled.
(4) In proceedings taken under subsection (3), the court
(a) shall determine the amounts, if any, that the landlord is
entitled to deduct from the security deposit in accordance
with the conditions agreed to by the tenant, and
(b) if the deductions so determined are less than the amount
of the deposit, shall give judgment in favour of the tenant
for the balance.
(5) No deduction may be made from a tenant's security deposit for
normal wear and tear to the residential premises during the period
of the tenant's tenancy.
(6) A landlord shall not make a deduction from a tenant's security
deposit for damages to the residential premises unless the
requirements respecting inspection reports under section 18 have
been met.


In short, as long as you have done a move-in inspection and report, and a move out inspection and report, you can deduct from their security deposit for damages which are not "normal wear and tear".

No move-in inspection/report = no right for any deduction for damages.

And here's what the regulation says about what must be in an inspection report:

Inspection reports
4(1) In this section, "landlord" includes a landlord's agent and "tenant"
includes a tenant's agent.

(2) This section sets out the statements that must be contained in a
report of an inspection made under section 18 of the Act and the signing
requirements for the report.

(3) A report must contain the following statement:

Inspections should be conducted when the premises are vacant unless
the landlord and tenant or their agents otherwise agree.

(4) When an inspection is conducted by the landlord and the tenant, the
report must contain the following statement and be signed by the landlord:

The inspection of the premises was conducted on (date) by (landlord
or landlord's agent) and by (tenant or the tenant's agent).

(5) When an inspection is conducted by the landlord and the tenant, the
report must contain one of the following statements and be signed by the
tenant:

(a) Tenant's statement

I, (name of tenant or tenant's agent) , agree that this
report fairly represents the condition of the premises.

(b) Tenant's statement

I, (name of tenant or tenant's agent) , disagree that this
report fairly represents the condition of the premises for the following
reasons:

(6) When the tenant refuses to sign one of the tenant's statements
referred to in subsection (5), the report must contain the following
statement and be signed by the landlord:

The tenant or tenant's agent present at the inspection refused to
sign the tenant's statement.

(7) When an inspection is conducted by the landlord without the tenant
being present, the report must contain the following statement and be
signed by the landlord:

The inspection of the premises was conducted on (date) by (landlord
or landlord's agent) without the tenant or the tenant's agent being
present.
AR 228/92 s4;251/2001

Last edited by Kjesse; 08-13-2008 at 02:32 PM.
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