Damage Deposit Question

[Jets4Life]

hi there,

I recently left a house I was renting a room from. I cleaned it oout, and asked the landlord if he could inspect it, so we could exchance keys for the deposit. He said he `had to take his daughter home` and to come back at 6. I called at 6 PM and he said he didnt have any money and to wait a week. A week went by, and I tried calling him on two seperate dates, but they were not returned.

So after the tenth day, I left a note in his mailbox along with the residental tenancy act, stating that I would rather resolve this between us, and not goto a 3rd party. A day later he finally answered my call, and said basically to f-off and hung up.

Now I am weighing my options, I have all the receipts, and although he did not get me to sign any kind of tenant agreement, it was verbally agreed that I would be paying month to month. The 31 day notice was given as well.

Has anyone been in a situation like this.

[RougeUnderoos]

Do you still have the keys?

[Jets4Life]

yes I do. And I have all receipts. I just was hoping for advice on what to do next.

[ken0042]

Send a letter to him by registered mail giving him a definite time to get your deposit back. Give him 5 business days- something reasonable. Then go to landlord tenant.

If most of the agreements were verbal, the onus would be on the landlord who decided to go against the grain and not get a lease to prove otherwise. Then go to the landlord tenant board and file a complaint.

[Madman]

Originally Posted by ken0042

Send a letter to him by registered mail giving him a definite time to get your deposit back. Give him 5 business days- something reasonable. Then go to landlord tenant.

If most of the agreements were verbal, the onus would be on the landlord who decided to go against the grain and not get a lease to prove otherwise. Then go to the landlord tenant board and file a complaint.

Either that - or go get your money's worth.

[photon]

Yup, definately report the guy, he has to give back the deposit by 10 days. Make sure you tell them what he said about not having the money too. Not having the security deposit in the right place is a very serious thing.

[Rathji]

A landlord should place a damage deposit in a secure interest bearing account for the duration of the tenancy. There is no reason he should not have that money.

[troutman]

Call AB Landlord and Tenant - 1-877-427-4088

[photon]

Originally Posted by Rathji

A landlord should place a damage deposit in a secure interest bearing account for the duration of the tenancy. There is no reason he should not have that money.

Spending it all on beer is a reason! Not a good one, but still a reason

[Titan]

Originally Posted by troutman

Call AB Landlord and Tenant - 1-877-427-4088

I would probably do this now and not wait 5 or 10 days. This guy has lost the right to settle it without 3rd parties.

[GoinAllTheWay]

PLEASE let us know how it ends. Love hearing a happy ending to situations like this.

[@theCBE]

You might find some good information here as well.

http://www.albertacourts.ab.ca/Provi...4/Default.aspx

[wooohooo]

IIRC there is a certain amount of days after you move out that the landlord has to send the money out by or else they're in big dooodooo. I believe it was 15 days or so?

When I worked a summer job at a rental firm, the place would be mad trying to get these cheques out to people.

[Locke]

Torch it and run?

[onetwo_threefour]

Yeah, go after him as hard as you can. Try to use free services as much as possible such as the Landlord Tenant Advisory people that trout mentioned. If you sue the guy it sounds like it's probably a slam dunk, but the PITA factor is pretty high and if you hire a lawyer it may cost you more than your deposit.

As mentioned earlier, there are significant penalties under the Residential Tenancies Act for failing to keep deposits in a separate interest-bearing account. That alone should scare the guy into playing ball.

[Superfraggle]

Take it to him. You've tried the polite way, and it's not worth bending over for him. Go straight to the Landlord and Tenant people. It seems like landlords trying to screw tenants out of damage deposits is the rule instead of the exception nowadays. Especially if it's someone who has/manages multiple properties.

If you don't want to do it for you, do it for everyone else who rents. Landlords won't change unless we make them

[onetwo_threefour]

Originally Posted by fotze

What types of penalties?

Trust account
44(1) A landlord shall
(a) deposit each security deposit consisting of money received by the landlord into an interest‑bearing trust account at a bank, treasury branch, credit union or trust corporation in Alberta within 2 banking days after receiving the deposit, and
(b) ensure that the security deposit remains in trust until it is disposed of in accordance with this Act and the regulations.
(2) A landlord is the trustee of the money in a trust account on behalf of the tenant who paid it or, if the tenant has assigned the residential tenancy agreement with the consent of the landlord under section 22, the assignee.
(3) A landlord shall deposit only money that is a security deposit in the trust account.
(4) Money in the trust account is subject to this Act and the regulations and to the provisions of the residential tenancy agreement respecting security deposits that are not in conflict with this Act or the regulations.
(5) A landlord shall
(a) keep security deposit records that show with respect to each tenant
(i) the date of receipt of a security deposit by the landlord and the amount of the security deposit,
(ii) the date on which the security deposit was deposited in a financial institution and the name and location of the financial institution,
(iii) particulars of the interest payable and paid to the tenant, and
(iv) particulars of the disposition of the security deposit under section 46, including the manner in which the security deposit or part of it was delivered to the tenant,
and
(b) make the security deposit records available for inspection by the Director or an authorized person for the purposes of an inspection or investigation under Part 6.
(6) A landlord shall keep security deposit records under subsection (5) for at least 3 years after the expiration or termination of the tenancy to which they relate.

Return of security deposit
46(1) In this section,
(a) “deliver” means to deliver by personal service or send by regular, registered or certified mail;
(b) “normal wear and tear” in respect of residential premises means the deterioration that occurs over time with the use of the premises even though the premises receive reasonable care and maintenance;
(c) “security deposit” includes any amount owing to the tenant as interest under section 45 at the time of the expiration or termination of the tenancy.
(2) A landlord who holds a security deposit shall, within 10 days after the day on which the tenant gives up possession of the residential premises,
(a) deliver the security deposit to the tenant,
(b) if all or part of the security deposit has been deducted in accordance with the conditions agreed to by the tenant, deliver to the tenant the balance of the deposit, if any, and a statement of account showing the amount of the deposit used, or
(c) if the landlord is entitled to make a deduction from the security deposit in accordance with the conditions agreed to by the tenant but is unable to determine the correct amount of the deduction, deliver to the tenant the balance of the deposit, if any, that the landlord does not intend to use and an estimated statement of account of the anticipated deduction and, within 30 days after the day on which the tenant gives up possession of the residential premises, deliver to the tenant the remaining balance of the deposit, if any, and a final statement of account.
(3) If a landlord fails to return all or part of a security deposit to a tenant in accordance with subsection (2), then, whether or not a statement of account was delivered to the tenant, the tenant may commence an action in a court to recover the whole of the deposit or that part of the deposit to which the tenant claims to be entitled.
(4) In proceedings taken under subsection (3), the court
(a) shall determine the amounts, if any, that the landlord is entitled to deduct from the security deposit in accordance with the conditions agreed to by the tenant, and
(b) if the deductions so determined are less than the amount of the deposit, shall give judgment in favour of the tenant for the balance.
(5) No deduction may be made from a tenant’s security deposit for normal wear and tear to the residential premises during the period of the tenant’s tenancy.
(6) A landlord shall not make a deduction from a tenant’s security deposit for damages to the residential premises unless the requirements respecting inspection reports under section 19 have been met.


60(1) A person who contravenes
(a) section 18, 19(6), 23, 24, 25, 31(13) or (14), 43, 44(1), (3), (5) or (6), 45 or 46(2) or (6) or this Act as described in section 6(2), or
(b) a provision of the regulations referred to in section 69(1)(b) or 70(1)(l),

is guilty of an offence and liable to a fine of not more than $5000.
.

[Gozer]

That's I'm a ######bag the most complicated system I could think of.

edit: what the?

[Jets4Life]

Originally Posted by wooohooo

IIRC there is a certain amount of days after you move out that the landlord has to send the money out by or else they're in big dooodooo. I believe it was 15 days or so?

It's 10 days. I wrote him a cordial letter informing him of this on the 10th day, preparing to give him the benefit of the doubt. However, he decided he did not want to deal with the problem. So I guess small claims court is my next option. I still have the keys, the deposit receipts, etc.

I also have asked 3 landlords in the past to sign a document saying basically that I was a good tenant, always paid rent on time, and left the place spotless.

I am almost 100% positive he didn't put my rent money in a second account.He didn't make me sign any kind of rental agreement either, as it was all verbal, and the agreement that it was month to month.

[onetwo_threefour]

Before going to small claims, sic the landlord tenant advisory board on him...

It sounds like there are several violations of the Act and each one could cost him a $5000 fine. If you're lucky, you won't have to spend a dime to get your money back if he's told that he could be facing 15-20K in fines.