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Originally Posted by Torture
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. |
Little known fact that landlords are not allowed to even keep your deposit even if you don't make a rent payment. Unless you sign something apon final inspection to let him. Otherwise they have to return the deposit and make a claim them self's through the tenants board. Then an over the phone conference takes place where an abrogator will make a decision. I had a basement suite where a tenant would not pay me rent because they broke up and gave me less then 30 days notice of there leaving. Even tho they gave me a letter stating I could keep the deposit in leu, the board said I had to return it and state my case. So I returned it and when the conference came around not only did they grant me it but also another month of rent for short notice. I was happy as It was there last month any ways and got to have the suite to my self until the next tenant.
In your case tho, you should file a complaint your self as no inspection was done and what you describe is normal where and tear as long as the holes are under a certain diameter.
It takes 3-4 weeks to get it resolved but its more sound. I would also bring up that he was in your place under false pretenses. If it was only a verbal warning he was to be in there that helps your case as they need to give you written contact before entering.