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.
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.
Without a signed initial inspection report you should get all your damage deposit back, unfortunately he's holding the deposit and will most likely disagree, so you'll have to take him to small claims court. You should win.
We got out of a lease at London House in Calgary and got out damage deposit back based on the no initial inspection report.
Good luck...and I wish there was a third party in Calgary that held the deposits because typically you don't get them back which is bogus.
All of the things you've described (whether you consider them normal wear and tear or damages) should likely take no more than a couple hours to fix and around $20 or less. Those holes could be fixed with some putty and touch up paint. I'm not even handy myself and I could do that. Not sure what the big deal is. It sounds like he is trying to be difficult
As stated already...No SIGNED move in inspection = No leg to stand on.
Beyond that, small finishing nails/hooks for pictures is par for the course and should absolutely be expected.
The sad thing is you'll likely have to 'fight' to get what's owing to you. And heh, don't forget he has to pay you interest on your security deposit! Wish you all the best....
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)
This is a major no-no as far as I've been told, breach of privacy without permission.
Quote:
Originally Posted by Torture
To add to the fun, there was no inspection report when we moved in.
Yup then he cannot withhold any of the security deposit. If they know this then just telling them you are filing with the dispute resolution service might be enough. Or file (it's pretty cheap) and they may give it back when they get the notice.
If he thinks you damaged the place he can still file a dispute against you himself.
Quote:
Originally Posted by Torture
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
Yeah a "pet deposit" should be called a "pet fee" since it is not supposed to be refundable.
Quote:
Originally Posted by Torture
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.
Just let him know you are aware of the laws and your rights. If you don't want to make a huge issue of it you could try to let him feel like he's "won" by negotiating a small amount for repairs. Find out what the dispute filing fee is and offer that
__________________ Uncertainty is an uncomfortable position.
But certainty is an absurd one.
Unless he's had his security deposit since sometime in 2008, he's not getting any interest. Even if he had $1,000 as a deposit since January 1, 2008, he's only getting $5 in interest. It's based on a 3% below a cashable GIC.
Unless he's had his security deposit since sometime in 2008, he's not getting any interest. Even if he had $1,000 as a deposit since January 1, 2008, he's only getting $5 in interest. It's based on a 3% below a cashable GIC.
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.
Last edited by combustiblefuel; 08-23-2014 at 11:56 PM.
the Landlord is being a ###### with repayment of the deposit. you squeeze him for everything and every rule he's broken
I'm not sure why you are getting pissy with me.
The OP said he's been there for a year. The annual interest rate for the last year is 0%. It's been that way since 2009. I'm all for getting what is yours, but 0% of any amount is 0.
That's what.
I hope he gets his full deposit back, as there was no signed inspection report, but he is not entitled to any interest.
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Originally Posted by Bingo
Jesus this site these days
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Originally Posted by Barnet Flame
He just seemed like a very nice person. I loved Squiggy.
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Originally Posted by dissentowner
I should probably stop posting at this point
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The OP said he's been there for a year. The annual interest rate for the last year is 0%. It's been that way since 2009. I'm all for getting what is yours, but 0% of any amount is 0.
That's what.
I hope he gets his full deposit back, as there was no signed inspection report, but he is not entitled to any interest.
you must be offended by many things in the world if you felt i was being "pissy"
anyways, the first poster suggested getting the deposit's interest was just working on another angle he can leverage against the landlord to persuade him to settle outside the court. Chances are, the landlord isnt up to date on the rule and interest rates
you must be offended by many things in the world if you felt i was being "pissy"
anyways, the first poster suggested getting the deposit's interest was just working on another angle he can leverage against the landlord to persuade him to settle outside the court. Chances are, the landlord isnt up to date on the rule and interest rates
I wasn't offended by that, nor am I offended by many things in the world, but you were still being pissy. I'm all for recovering damages and entitlements for all rules that are broken, but he hasn't broken any rules by not paying a sum of money for interest. I guess technically he does have to pay interest, but the interest rate is 0%. So 0%, * the deposit, is still $0.
I'm not so sure that trying to get something you aren't entitled to is the best way to go about the negotiation. If one of my tenants told me I needed to pay them interest, I'd ask them for legal documentation showing that I had to. This guy doesn't seem to want to pay any money, I don't see how you'd squeeze him for interest. People become very aware of specific parts of laws when it applies to them. I'm guessing it wouldn't take much of an internet search for him to pull up the same document that I linked to.
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My thanks equals mod team endorsement of your post.
Quote:
Originally Posted by Bingo
Jesus this site these days
Quote:
Originally Posted by Barnet Flame
He just seemed like a very nice person. I loved Squiggy.
Quote:
Originally Posted by dissentowner
I should probably stop posting at this point
The Following User Says Thank You to squiggs96 For This Useful Post:
Unless he's had his security deposit since sometime in 2008, he's not getting any interest. Even if he had $1,000 as a deposit since January 1, 2008, he's only getting $5 in interest. It's based on a 3% below a cashable GIC.
Landlord Problems
