09-05-2011, 10:17 PM
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#4
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Not a casual user
Join Date: Mar 2006
Location: A simple man leading a complicated life....
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Quote:
If a landlord does not carry out an inspection either before or after the tenancy, he cannot deduct anything from a security deposit for damages that go beyond normal wear and tear. It might still be possible for the landlord to return your security deposit and then sue you for any damage caused.
If your landlord makes a deduction from your security deposit for damages when an inspection was not carried out, you can take legal action to recover the money. It will then be up to the court to decide if the landlord is able to keep any of the money.
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http://tenant.landlordandtenant.org/...nspection.aspx
Quote:
As a tenant, you can make a complaint about a suspected offence to Service Alberta who will investigate the matter. The landlord can be prosecuted for the offence and fined up to $5,000. At the trial, the landlord can be ordered to pay all or part of the security deposit that is owed, together with interest. If the landlord does not comply with the court order, you can enter the order as a judgment of the Court of Queen's Bench and enforce the order as if it were a judgment from the Court of Queen's Bench. This means that you can take advantage of a garnishee procedure that allows for the attachment of wages or a bank account to pay a judgment. For more information, see Alberta Courts - Court of Queen's Bench - Publications and Forms - Getting and Collecting Your Judgment in Alberta.
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http://tenant.landlordandtenant.org/..._offences.aspx
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