Damage Deposit

[Temporary_User]

I tried a google search, but can't find anything about Alberta law specifically.

I'm in an apartment that I moved into. When I moved in my roommate was already living in the apartment for a few months. So the DD was already paid in full to the landlord. When I moved in I agreed and gave my portion to my roommate.

My roommate is now moving out (I'm staying), and is asking for their portion of the damage deposit from me. Obviously I don't have that money, the landlord does. I don't see the landlord giving the money, because in their eyes the DD if based on the place, not the amount of people occupying the place.
I know I'll get the full DD when I move out, but at this time there is no way I have the money to give her.
Also the landlord charges ~$100 out of the DD for carpet cleaning when people move out and the apartment becomes vacant.

Does anyone know the laws regarding this?

[flip]

Is your roommate not accommodating enough to let you pay it back incrementally?

[AltaGuy]

Check the lease on the carpet cleaning part. I'm pretty sure it's fine to include a "cleaning" provision like that, so long as it's in the lease. Otherwise, unless it's something beyond normal wear-and-tear (dirty carpets are not), then the landlord should pay if it's not in the lease.

You're in a rough spot with your roommate. Do you know the landlord? My suggestion would be to approach the landlord yourself and get a new lease with you on it. You're going to have to come up with the DD before that, but your roommate will also not be paid out until the first lease ends - and then it comes from the LL, and not you.

You'll want your own lease anyway, so probably a good idea. Might get your carpets cleaned at your old roommates' expense too...

If you can't come up with the DD, you'll either have to move out (again, so the LL pays the DD), or talk your roommate into a delay until you get a new tenant.

[You Need a Thneed]

Originally Posted by Temporary_User

Also the landlord charges ~$100 out of the DD for carpet cleaning when people move out and the apartment becomes vacant.

I'm not an expert, but I don't think that is legally enforceable. If you cleaned the carpets yourself when you leave, they can't charge you $100 bucks to clean it again.

Edit: Unless it was part of the lease agreement, Like AltaGuy said.

[troutman]

http://www.servicealberta.gov.ab.ca/618.cfm

[MickMcGeough]

You may not be legally required to give him anything from the damage deposit, but if he's moving out he can give his notice to the landlord and have a walkthrough scheduled to reclaim the DD from the landlord. After that, the landlord would have to put a current tenant (you) on the lease (provided the landlord accepts you as the new tenant), and you'd have to pony up the full damage deposit to the landlord.

[speede5]

Your roomate was the tenant and needs to terminate his rental agreement with the landlord, collect the DD and then you need to start a new rental agreement and cover the DD, which you have two months to do.

Sucks but it is the only way to ensure all parties pay/collect their fair share. It also closes the door on future claims (That was fine when I left!).

I am based in Sk so it may be a bit different from AB. Call the Rentalsman office or check the web for DD rules but in your case I would be more worried about covering your ass down the road.

[Temporary_User]

Thanks for the replies everyone, and the link troutman, I'm currently looking through it.

Just to clear a few things up:
When i moved in, I had to sign onto the lease. The landlord requires everyone living in the building to be on the lease.
The lease is currently month-to-month though, so I could also move out at anytime (with notice).

For carpet cleaning, I am fine with that. I just threw that information in because when I move out I will have to pay that. If I have to give my roommate the DD, should I subtract for cleaning?

[VladtheImpaler]

Originally Posted by Temporary_User

Thanks for the replies everyone, and the link troutman, I'm currently looking through it.

Just to clear a few things up:
When i moved in, I had to sign onto the lease. The landlord requires everyone living in the building to be on the lease.
The lease is currently month-to-month though, so I could also move out at anytime (with notice).

For carpet cleaning, I am fine with that. I just threw that information in because when I move out I will have to pay that. If I have to give my roommate the DD, should I subtract for cleaning?

Obviously, if you are paying it. Speede5 would be correct here - essentially, the lease with both of you has ended, and new one for just you needs to be negotiated. That keeps everything clean and straightforward.

[Temporary_User]

Originally Posted by troutman

http://www.servicealberta.gov.ab.ca/618.cfm

Thanks for the link. I found this on it.

Q.My friend and I rented an apartment together. My friend has moved out and wants her half of the security deposit back. Can she get it from the landlord?

A.Your landlord is under no obligation to return half of the security deposit unless you specifically agreed to that possibility in the original tenancy agreement. In the absence of such an agreement, the security deposit will only be returned when the tenancy ends. This means your friend will either have to wait for her part of the security deposit or will have to negotiate to get her half from you now — then you would keep the entire deposit when it is returned at the end of the tenancy.

[JustAnotherGuy]

Originally Posted by Temporary_User

I tried a google search, but can't find anything about Alberta law specifically.

I'm in an apartment that I moved into. When I moved in my roommate was already living in the apartment for a few months. So the DD was already paid in full to the landlord. When I moved in I agreed and gave my portion to my roommate.

My roommate is now moving out (I'm staying), and is asking for their portion of the damage deposit from me. Obviously I don't have that money, the landlord does. I don't see the landlord giving the money, because in their eyes the DD if based on the place, not the amount of people occupying the place.
I know I'll get the full DD when I move out, but at this time there is no way I have the money to give her.
Also the landlord charges ~$100 out of the DD for carpet cleaning when people move out and the apartment becomes vacant.

Does anyone know the laws regarding this?

I don't understand.

For simplicity sake lets assume that you get all of the damage deposit back.

When your roommate moves out you will pay her half the damage deposit. So then when you move out the landlord will pay you the full damage deposit.

If you get another room mate they will pay you half the damage deposit.

It all makes sense to me.

[HOOT]

Originally Posted by Temporary_User

I know I'll get the full DD when I move out, but at this time there is no way I have the money to give her.

Originally Posted by JustAnotherGuy

I don't understand.

I think reading the whole post would help you understand.

[Nufy]

If your room mate is moving out shouldn't they get their name taken off the lease??

At the same time they get their damage deposit back from the landlord.

The new renter (if there is one can pay the landlord their half of the DD)

[blankall]

Originally Posted by VladtheImpaler

Obviously, if you are paying it. Speede5 would be correct here - essentially, the lease with both of you has ended, and new one for just you needs to be negotiated. That keeps everything clean and straightforward.

Correct me if I am wrong OP, but aren't you trying to avoid signing a new lease seeing as you are no month to month?

[FireFly]

Why can't you give your old roomie their DD back when you get a new roomie and they pay? Transfer that money directly to old roomie and voila.

[VladtheImpaler]

Originally Posted by blankall

Correct me if I am wrong OP, but aren't you trying to avoid signing a new lease seeing as you are no month to month?

You can sign a month-to-month lease.

[blankall]

Originally Posted by VladtheImpaler

You can sign a month-to-month lease.

I doubt the landlord would be into that. They want the guaranteed income. They will probably make him sign a new lease and increase his rent in the process (there is a limit on how much they can increase it by).

Originally Posted by FireFly

Why can't you give your old roomie their DD back when you get a new roomie and they pay? Transfer that money directly to old roomie and voila.

That's how we always did it with our revolving door roomates. You do run into trouble with roomates on the the tail end who may get held accountable for damage they did not do.

[JustAnotherGuy]

Originally Posted by HOOT

I think reading the whole post would help you understand.

Yes, I understand the original poster does not have the money to pay the soon to be ex-roommate. But that doesn't change how it should work.

[GreatWhiteEbola]

Originally Posted by blankall

I doubt the landlord would be into that. They want the guaranteed income. They will probably make him sign a new lease and increase his rent in the process (there is a limit on how much they can increase it by).



That's how we always did it with our revolving door roomates. You do run into trouble with roomates on the the tail end who may get held accountable for damage they did not do.

Been there, done that! Afterward, I couldn't afford the t-shirt.

You should renegotiate your lease, get half the DD to you and then (as I see the law) you have 2 months to repay the remaining half. Or if you get another roommate they can settle the other half.

I know with my rental property, that if the tenant is honest and forthright, I will usually let things slide for awhile. It's not like I can make money off the DD anyway. I hold it in an account for the tenant.

Originally Posted by SERVICE ALBERTA

The landlord must pay interest to the tenant annually, at the end of each tenancy year, unless both parties agree otherwise. If the landlord and the tenant agree in writing, interest may be compounded annually and paid to the tenant at the end of the tenancy.