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  1. #1
    Hang 'Em High
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    12.10.17 @ 08:06 AM
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    Default Landlord Questions

    So I've got myself a shithead of a landlord and I'm moving out in April. I found out today from the rentalsman office that he never sent my damage deposit to them as the lease (which I have a copy) specified. He cashed it last April the day after I gave him the check. Furthermore, there were some slight knicks and scrapes to the place when I moved in and he refused to sign a list I made of these saying "they don't matter". So what do I do if he tries to keep my deposit in April? If I take him to court how strong is my case? Our lease/contract states that the deposit was supposed to go the rentalsmen and since he didn't acknowledge the small defects, I would think I'd win hands down. Advice/experience guys? thanks a million, I'm really quite stumped here.

  2. #2
    Unchained scs5150's Avatar
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    12.17.10 @ 10:56 AM
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    don't pay the last months rent.

  3. #3
    5150 DoHalen5150's Avatar
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    10.08.15 @ 11:37 AM
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    Quote Originally Posted by Ain't Talkin' Bout' Love View Post
    So I've got myself a shithead of a landlord and I'm moving out in April. I found out today from the rentalsman office that he never sent my damage deposit to them as the lease (which I have a copy) specified. He cashed it last April the day after I gave him the check. Furthermore, there were some slight knicks and scrapes to the place when I moved in and he refused to sign a list I made of these saying "they don't matter". So what do I do if he tries to keep my deposit in April? If I take him to court how strong is my case? Our lease/contract states that the deposit was supposed to go the rentalsmen and since he didn't acknowledge the small defects, I would think I'd win hands down. Advice/experience guys? thanks a million, I'm really quite stumped here.
    I own a rental property, and I think you will have him by the balls as long as you didn't trash the place. Not sure of the legality's in US vs Canada, however in my state of massachusetts, the landlord basically has no rights. First of all, depending on the type of agreement you have with him, if you gave a last months rent, security deposit, what have you, that needs to be in an interest bearing account. The fact that it is not, again atleast in massachusetts, he would have to pay the interest plus legal fees, and there is also a penalty attached for each month that he didn't have the money in a certain account.

    Also if a "statement of conditions of the premises" was never signed, he really has no proof that you did or didn't kick a hole in the wall. The court will make him give your deposit back in full, and its more of a shame on him for not completing a simple statement, so that you and the landlord are on the same page.
    Money can't buy you happiness, but it can buy you a yacht big enough to pull up right alongside it. DLR

  4. #4
    Hang 'Em High
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    12.10.17 @ 08:06 AM
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    Quote Originally Posted by scs5150 View Post
    don't pay the last months rent.
    That is a route I'm willing to consider when April comes. However, if he doesn't quit trying to rob people I'd be more interested in a legal route through which his reputation will take a formidable hit.

  5. #5
    Unchained scs5150's Avatar
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    12.17.10 @ 10:56 AM
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    I just went through the legal route with my business. Just cut your losses adn move on. Time, money and aggrivation aren't worth it.

  6. #6
    Atomic Punk chefcraig's Avatar
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    03.07.10 @ 06:18 AM
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    Default

    Quote Originally Posted by Ain't Talkin' Bout' Love View Post
    That is a route I'm willing to consider when April comes. However, if he doesn't quit trying to rob people I'd be more interested in a legal route through which his reputation will take a formidable hit.
    Think twice about that, brother. Do you truly wish to don a set of tights and a cape, then devote your money and time to a court case for the public good, or do you merely wish to get out with your deposit (and possibly your ass) intact?

    Yes, it's your call if you wish to become a crusader. I believe most folk would use the threat of legal action against this guy as a way of pressuring him, get the money and get as far away as possible. It's a noble intention, securing the public's well being by drawing attention to this fellow. Yet that responsibility does not necessarily lie with you.
    "The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man."
    George Bernard Shaw

  7. #7
    Hang 'Em High
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    12.10.17 @ 08:06 AM
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    Quote Originally Posted by chefcraig View Post
    Think twice about that, brother. Do you truly wish to don a set of tights and a cape, then devote your money and time to a court case for the public good, or do you merely wish to get out with your deposit (and possibly your ass) intact?

    Yes, it's your call if you wish to become a crusader. I believe most folk would use the threat of legal action against this guy as a way of pressuring him, get the money and get as far away as possible. It's a noble intention, securing the public's well being by drawing attention to this fellow. Yet that responsibility does not necessarily lie with you.
    I know a damn good lawyer who I'm pretty close with, so legal fees aren't an issue. It is intended as a threat, but I wouldn't hesitate to follow through if need be. I'm not losing this money for nothing, not to some scumbag.

  8. #8
    Hang 'Em High
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    12.10.17 @ 08:06 AM
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    Default

    I do appreciate this guys. To be honest I don't know what I'll do yet, maybe he'll just write me a check and we'll be done. Hard to say, but sometimes I wonder what the hell I'd do without this kind of input.

  9. #9
    Eruption Lightning Fingers's Avatar
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    03.01.12 @ 05:52 PM
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    1. Take pictures of the repairs that the landlord should have made at the time you moved in.
    2. Keep all of your documents to present in case it goes to court. Does NB have a landlord-tenant dispute resolution system? If so, use that to make him return the money.
    3. Look at the residential tenancy act or whatever it's called in NB and see if the money you gave was security or damage. If it's security, he can't keep it. If it's damage, he has to prove you caused the damage.
    4. PM his name to me and I can make some "enquiries". I can't guarantee anything, but you never know, with the sources I have.
    5. Don't go with the "don't pay last month's rent" - he'd use that against you.
    Homer: No one snuggles with Max Power. Just strap on and feel the Gs!

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  10. #10
    Little Dreamer
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    12.13.07 @ 06:29 AM
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    Default

    Lightning Fingers has the right idea. NEVER do the "don't pay last month's rent" thing...puts you in the same category as the landlouse in question.

    This is quoted from the Laws for Tenants in Alberta web page:

    No matter what circumstances end a tenancy, security deposit must be returned to you at the end of a tenancy, together with any interest owing. If deductions are made from the deposit for items such as damages, these must be itemized and an account sent to the tenant in the time limits and form required by the law. A security deposit must be returned within 10 days of the tenant moving out. There are exceptions to this rule under special circumstances. It may be necessary to determine exactly when a tenant has given up possession of the premises in order to work out the date by which the security deposit must be returned. The deposit or account must be returned personally, or by regular, registered or certified mail.

    http://tenant.landlordandtenant.org/...it_return.aspx

    www.landlordandtenant.org

    In Ontario, a landlord cannot ask for a damage deposit, only a deposit for last month's rent. Not sure how it works in AB.

  11. #11
    carpe damn diem billy007's Avatar
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    12.13.17 @ 07:40 PM
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    Default "Images" by Tyrone Green

    Dark and lonely on a summer night
    Kill my landlord, kill my landlord
    Watch dog barking, do he bite?
    Kill my landlord, kill my landlord
    Slip in his window, break his neck
    Then his house I start to wreck
    Got no reason, what the heck
    Kill my landlord, kill my landlord
    C-I-L-L my landlord
    Death!

 

 

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