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Old 08-23-2014, 02:11 AM   #1
Torture
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Join Date: Jul 2006
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Default Landlord Problems

Moving out....after a phone call and some emails it seems I'm going to have some issues with my landlord and return of the security deposit. Would appreciate some thoughts and opinions from the CP collective.

Root of the issue is my interpretation of normal wear and tear vs his interpretation of damage. We've hung pictures, mirrors etc and there were already marks on the walls (and in some cases the screws themselves) from the previous tenant. No wall to wall pictures but we've lived in the place and there's a few holes from nails and screws that we'll fill before leaving. There's also about a 1 inch mark in the closet from a hook tearing paint off.

Other than that, no major damage. Landlord was in the place a week ago before his sale goes through and took some pictures while we were away. (said he was in there to do repairs we'd asked about - ended up taking a bunch of pictures) Upset about the above, as well as other seemingly ridiculous things (ex. things that haven't been cleaned because we haven't moved out yet or thumbtacks holding up a canvas....he should be happy I didn't use a hanging nail).

To add to the fun, there was no inspection report when we moved in. We took some pictures with his real estate agent, but didn't receive them until ~1 month after settling in. Nor were they comprehensive. Neither party completed or signed an inspection report which from my understanding means he can't deduct anything regardless of whether we caused damage above normal wear and tear and he would have to go to the RTDRS to prove it and collect. Of course even if that's the case it doesn't mean anything because he is the one with the money.

He's also been trying to sell the place for the year we've been here. Probably 20-30 showings over the past year, in some cases with less than 24 hours notice. Not typically an issue with me as long as the landlord is reasonable but now.....

Finally, it's common practice, but our refundable security deposit was one month's rent + $500 refundable for a pet. According to Service Alberta that's a no-no since it's larger than one month's rent.
http://www.servicealberta.gov.ab.ca/618.cfm

Pretty sure I already know the answer but would appreciate some thoughts from the CP collective. Guess I've been lucky as I've never had an issue with a landlord in the past.

Last edited by Torture; 08-23-2014 at 02:16 AM.
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