The returning of a Security Deposit - Page 2 - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

photon · 03-14-2010, 03:01 PM

Oh for sure don't get me wrong, the landlord is clearly in the wrong and as I said I'd sue in that position. Just strictly speaking written notice wasn't given, which is why I'd try to cover my butt in that kind of situation, and why I said I wasn't sure what the judge would decide given that factor (not being a lawyer

)

Can an individual request their own phone records for something like that?

Nage Waza · 03-14-2010, 04:48 PM

Did you have to call the landlord on several occasions, or was the one and only time you called for the notice? If there were several occasions, make good note of what the purpose of each call was. If you only called once and it was your notice, then the landlord would have to 'demonstrate' you called for another reason (for example to fix something). If the landlord has nothing regarding the purpose of the call (receipts for work) then the judge will likely side with you.

GGG · 03-14-2010, 05:59 PM

Quote:

Originally Posted by photon

Oh for sure don't get me wrong, the landlord is clearly in the wrong and as I said I'd sue in that position. Just strictly speaking written notice wasn't given, which is why I'd try to cover my butt in that kind of situation, and why I said I wasn't sure what the judge would decide given that factor (not being a lawyer

)

Can an individual request their own phone records for something like that?

If its a cell phone you can just download your bill and it lists every number you called.

photon · 03-14-2010, 06:03 PM

Sorry, I meant for a land line where you normally don't get a itemized list of your calls.

onetwo_threefour · 03-14-2010, 07:29 PM

Quote:

Originally Posted by photon

Oh for sure don't get me wrong, the landlord is clearly in the wrong and as I said I'd sue in that position. Just strictly speaking written notice wasn't given, which is why I'd try to cover my butt in that kind of situation, and why I said I wasn't sure what the judge would decide given that factor (not being a lawyer

)

Can an individual request their own phone records for something like that?

Oh yes, absolutely. We have to do this for litigation files all the time. (And I don't even do very much litigation. I try to avoid it) I've got a file right now where we have to produce phone records for a couple of people from 3 years ago for a few months, both cell and landline. Shouldn't be any problem...

photon · 03-14-2010, 07:34 PM

Of course *you* can

. How would that work in a small claims court though if I was just representing myself, could I just call up Telus and ask them? Or do I need some kind of authorization from a judge or something?

onetwo_threefour · 03-14-2010, 09:10 PM

Quote:

Originally Posted by photon

Of course *you* can

. How would that work in a small claims court though if I was just representing myself, could I just call up Telus and ask them? Or do I need some kind of authorization from a judge or something?

I should have been clearer. I actually can't get them as easily as you could. If I called Telus and said I wanted a client's phone records for such and such a time, they would not give them to me (maybe with an authorization letter and certainly with a court order, but not if I just asked for them). If my client calls and says they need their phone record for such and such period for litigation, they can get it. So the answer to your question is yes, you should have little difficulty getting your phone records. I assume there's a fee, but I don't know that you even have to tell them why you want your records.

Lithium · 03-15-2010, 08:26 AM

Yeah I agree with photon saying we were both in the wrong.

I knew that I had to give written notice to vacate, but I figured, assumed if you will, that since everything we've done over the last year was verbal that I would be able to trust him to "not forget" I told him I was moving out. All communication was done via cell phone to cell phone, so finding old phone bills with exact dates shouldn't be a problem.

Typically these little things wouldn't phase me to just say "$@*! it" and move on, but as some of you probably know security deposits in Calgary like to be $1300+ and Lithium needs a new HDTV.

photon · 03-15-2010, 12:21 PM

I'm just super paranoid about getting things in writing now.

Once I had a tenant that wanted to paint her place, she had a friend that was a painter that would give her a hand. Cool I thought, so I bought the paint and took it to them, talked to the painter friend and everything, she seemed nice enough, talked shop.

Months later the unit is painted and I get a bill for the paint job of thousands of dollars. She claims she thought we had made a verbal contract to paint, I don't recall talking about amounts or hours or paying her mileage or anything. She did a good job so in the end I ended up paying her less than half, but in hindsight I should have told her to pound sand. Years later I found out she gave a sob story to my TENANT (her supposed friend) about me not paying her and got the tenant to give her money too.

People are evil.

onetwo_threefour · 03-18-2010, 02:25 PM

Hah, had to revive this thread. I think Lithium's landlord just called me for advice. Anyway somebody with exactly the same scenario (as far as I went into it with him), but who is the landlord rather than the tenant.

If it is the same guy, I thought it was kind of amusing. "It's a small world after all..." playing through my mind.

Ducay · 03-18-2010, 02:55 PM

Quote:

Originally Posted by onetwo_threefour

Hah, had to revive this thread. I think Lithium's landlord just called me for advice. Anyway somebody with exactly the same scenario (as far as I went into it with him), but who is the landlord rather than the tenant.

If it is the same guy, I thought it was kind of amusing. "It's a small world after all..." playing through my mind.

Client-Lawyer privacy is so overrated.

REDVAN · 03-18-2010, 03:03 PM

Anonymous internet message board privacy is over rated too.

Jokes, just jokes.... :-)

amorak · 03-18-2010, 03:25 PM

Quote:

Originally Posted by REDVAN

Anonymous internet message board privacy is over rated too.

Jokes, just jokes.... :-)

Man, I can totally see Ducay selling some busted microwaves, I drove by his house that week and saw him driving over it with his Ford Tempo for fun!

Ducay · 03-18-2010, 03:26 PM

Quote:

Originally Posted by REDVAN

Anonymous internet message board privacy is over rated too.

Jokes, just jokes.... :-)

Cool-gratulations, you just pointed out a thread Ive linked to myself before! Huzzah!

I feel like lithium needs to update this thread

Lithium · 03-18-2010, 03:50 PM

Quote:

Originally Posted by onetwo_threefour

Hah, had to revive this thread. I think Lithium's landlord just called me for advice. Anyway somebody with exactly the same scenario (as far as I went into it with him), but who is the landlord rather than the tenant.

If it is the same guy, I thought it was kind of amusing. "It's a small world after all..." playing through my mind.

Are you serious? haha
Initials "R.C."?

Lithium · 03-18-2010, 03:52 PM

Quote:

Originally Posted by Ducay

Cool-gratulations, you just pointed out a thread Ive linked to myself before! Huzzah!

I feel like lithium needs to update this thread

I'll update it more tomorrow afternoon. Taking the day off so I can make some phone calls about all this stuff during business hours.

4X4 · 03-18-2010, 04:39 PM

Roger Clemons?

onetwo_threefour · 03-18-2010, 06:57 PM

Quote:

Originally Posted by Ducay

Client-Lawyer privacy is so overrated.

Nah, I haven't disclosed any personal information or anything else nor do I intend to. IMO this is no different than saying I've been consulted about a specific fact situation in the past. Furthermore, I'm not taking on either Lithium's case nor the Landlord that called me so I'm not in danger of breaching client confidentiality...

(I'm sure you're kidding, but I just wanted to be clear)