The returning of a Security Deposit - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Lithium · 03-12-2010, 03:24 PM

I've seen a few threads on security deposits before, but thought I'd start my own.

The move-out date was February 28, 2010 and today is March 12, 2010. I've read the law is 10 days after a move-out the security deposit must be returned.

My old landlord has my current address, email, phone number. I've tried to make contact with him twice, and he has no responded.

What is the next step to pursuing the return of my security deposit?

Rathji · 03-12-2010, 03:35 PM

Take him out back and have Tony re-arrange his kneecaps.

Or, if you don't know anyone named Tony, call Landlord and Tenant and they can advise you.

mykalberta · 03-12-2010, 03:41 PM

Steal his extension cord and hold it for ransom.

Some people really like their extension cords.

photon · 03-12-2010, 03:56 PM

You should have his address, pay a visit I guess would be the next step.

Locke · 03-12-2010, 03:59 PM

Quote:

Originally Posted by photon

You should have his address, pay a visit I guess would be the next step.

Thats where THIS baby comes in!!

03-12-2010, 04:17 PM

Start here: Service Alberta

Call one of their advisors if you find what you are looking for.

onetwo_threefour · 03-12-2010, 04:59 PM

Hire a lawyer... Just kidding, it's probably not worth it.

As a member of the Law Society (Hopefully Tower isn't lurking) I can't recommend that you use a court agent, but I do happen to have a friend who has a law degree but is not a lawyer, and who has been helping people with Resdidential Tenancies disputes for many years. PM me if you want contact info...

Huntingwhale · 03-12-2010, 05:22 PM

Just drive to the place and talk to the person. This happened to me once and they had lost my forwarding address. Maybe they have it in there office.

photon · 03-12-2010, 05:32 PM

Exactly, or maybe they're busy with a family emergency, or something else.. one last attempt to talk in person is reasonable, if they aren't there leave a note with your contact info and a date you want to be contacted by, and if that doesn't work then start calling service Alberta or deciding if it's worth going to small claims court over.

REDVAN · 03-13-2010, 12:52 AM

Maybe you don't deserve it back... did you leave the place a mess?

I'd just try to bug them for it, they're probably busy.

Lithium · 03-13-2010, 07:04 PM

Quote:

Originally Posted by REDVAN

Maybe you don't deserve it back... did you leave the place a mess?

I'd just try to bug them for it, they're probably busy.

Place was left spotless, better than when I moved in.

Story is below, not that anyone really cares.

He said to me that I didn't give him notice.
I gave him notice in November that'd be out at the end of February.
He tried to pull a "you didn't give me notice, so I'm not giving you your money" at the walk through. I then told him a bunch of the landlord responsibilities that he didn't do during the tendency. His wife was there, gave him a "wtf again?" look, and he said he'll speak to a lawyer on how to continue.

I got an email from him last night at 1am saying "I will contact you next week." and that was it.

Nage Waza · 03-14-2010, 09:42 AM

Do you have documentation that you gave him notice?

Lithium · 03-14-2010, 10:29 AM

Quote:

Originally Posted by Nage Waza

Do you have documentation that you gave him notice?

Like papers I gave him to notify him of my vacating? No.
Why? Because he never gave me any other contact information other than his cell number.

BlackArcher101 · 03-14-2010, 10:42 AM

Because notice must be in writing I thought.

Lithium · 03-14-2010, 10:49 AM

Quote:

Originally Posted by BlackArcher101

Because notice must be in writing I thought.

How could it be given to someone in writing if there is no way to send him the papers? Typically, a copy of the lease would provide me with the landlords address where I could forward written notice, but he never gave me a copy. Something that needs to be done a week after a tenant moving in.

wooohooo · 03-14-2010, 10:49 AM

http://tenant.landlordandtenant.org/...ts.aspx?id=422

Quote:

Q.My landlord did not return any of my security deposit when I left, and is not responding to my requests. The inspection report said the place was fine when I left. How can I get my money back?
A.Under the Residential Tenancies Act your landlord has ten days from the time the tenancy ends to return the deposit to you.

If ten days have passed and you have exhausted all other efforts, you can start court proceedings against your landlord. The Act allows you to start an action in court for the return of a security deposit. A judge will consider the case, hear evidence, and decide whether the security deposit should be repaid or not.

But seeing that you don't have his address... is it at all possible to find out where he lives from his phone number?

wooohooo · 03-14-2010, 10:50 AM

It also might not be worth the hassle. The time, deductions, stress... etc.

photon · 03-14-2010, 11:04 AM

Quote:

Originally Posted by Lithium

Like papers I gave him to notify him of my vacating? No.
Why? Because he never gave me any other contact information other than his cell number.

Quote:

Originally Posted by Lithium

How could it be given to someone in writing if there is no way to send him the papers? Typically, a copy of the lease would provide me with the landlords address where I could forward written notice, but he never gave me a copy. Something that needs to be done a week after a tenant moving in.

So you are both in the wrong.

If the landlord does not provide a copy of the lease with their info on it, then you withhold rent until they do. This is one of the few things for which you can withhold rent for.

But I don't think it's reasonable to use that as an after-the-fact excuse for not providing proper notification. When you decided to leave and give notice, if you could not give written notice then you at least have to do something to CYA... Make multiple phone calls to his cell, telling him that you require the address to give written notice, and if he doesn't provide it then maybe make a call on a speaker phone with a 3rd party and have something signed and dated by both that the call was made, basically something that you can use to prove that you made an attempt.

I'm not sure what you mean by other responsibilities he didn't do during the tenancy, there's not a lot that's required by law, it's shocking how bad a place can be actually. Not that that's good practice of course, but I'm just talking about what's required.

Anyway, if it were me I'd probably still sue them, courts are usually very pro-tenant and it sounds like this landlord needs some pressure to do a better job. But since there's no evidence you gave notice, I'm not sure what the courts will decide.

Lithium · 03-14-2010, 12:38 PM

Quote:

Originally Posted by wooohooo

http://tenant.landlordandtenant.org/...ts.aspx?id=422

But seeing that you don't have his address... is it at all possible to find out where he lives from his phone number?

Yeah after the walk through his wife gave me all the contact information I required 12 months ago. Nice huh?

onetwo_threefour · 03-14-2010, 02:51 PM

I certainly think Lithium is in the right here. I think it's a little unfair for photon to say they're "both in the wrong." But for the landlord's default under the Residential Tenancies Act the Buyer would not be in a position of having to vacate without written notice. I would think that a court would hold the landlord responsible. Besides which, if it actually comes to court, Lithium can show his phone records that indicate a call being made to the landlord. I doubt it would be necessary to have gone to the lengths suggested in photon's post. You just have to make the judge believe it's more likely than not that the notice was given. The fact that the landlord showed up and did a walkthrough suggests that the landlord was aware of the termination as well. (Although that notice could have happened later than Lithium said)