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Old 05-07-2016, 06:48 AM   #1
Rathji
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I have suggested that she talk to the people at the landlord and tenant act, and from what I have read, she is probably out of luck, but I thought I would ask the CP brain trust as well.

My niece is renting a room in a house and only has an email address to contact her landlord. She says she has no mailing address or phone number, and I don't think she ever signed a lease. She gave notice via email that she wanted to move out, and the landlord claimed she didn't receive the email until about 10 days Iater, so she wasn't going to be returning her damage deposit.

Reading at landlord and tenant, it says the notice must be in writing, in a physical form, so I am guessing she is screwed to move out when she wants, but what are her options? Can her landlord withhold all of her damage deposit for this reason? Can she just resubmit her notice in the appropriate manner and change her move out date?
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Old 05-07-2016, 10:24 AM   #2
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The best option would be for her to contact the RTDRS and ask their guidance, they handle all the landlord/tenant dispute stuff and would know they exact requirements.

Her being on a lease or just subletting will make a big difference, but can answer a couple of things for you. Required notices have to be in person or by registered mail, so she would most likely need to re-submit her notice. The damage deposit can only be withheld to cover damages and that is only if a proper inspection was done at the beginning of the tenancy, otherwise the landlord is SOL.

The landlord is also required to provide a "notice of landlord" which gives contact info, if she only has an email address, I would bet that this was never done.
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Old 05-07-2016, 10:40 AM   #3
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Have her take a dump on the floor before she leaves. It would even things up.
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Old 05-07-2016, 01:51 PM   #4
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Rathji, my friend used to work at RTDRS and volunteers her time here and there still. She is often tagged in various groups and forums she's on, for advice. If you PM me your niece's name, I can message my friend and see if I can put them in touch with each other somehow. She knows the RTDRS stuff inside and out.
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Old 05-07-2016, 01:54 PM   #5
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Quote:
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Have her take a dump on the floor before she leaves. It would even things up.
No, an upper decker is required.
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Old 05-07-2016, 03:23 PM   #6
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No, an upper decker is required.
That'll most likely punish the next tenant...
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Old 05-07-2016, 05:50 PM   #7
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Security deposits can be held for rent owing as well. The emailed notice would be valid one tenancy month from when the landlord acknowledged it. However, if she still moved out and he found a tenant he would have to return that part of the deposit. The market sucks right now so she'd probably be out of luck.
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Old 05-08-2016, 11:18 AM   #8
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That'll most likely punish the next tenant...
Hopefully only the landlord as they are taking a break from cleaning the apartment.
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