Ok, so up until the end of August, I was paying a reasonable amount of rent for a reasonably well sized apartment in the North end with my two roommates. When the time came to decide whether or not to continue our lease, we decided to go separate ways, and notified our landlord the standard 3 months in advance. They started showing the apartment immediately.
When it came time to move out, I approached the property management company, saying there were several things that had be broken or damaged before we moved in (there was no walkthrough before moving in) that had not been fixed despite asking, and would he please tell me what had to be done to get our damage deposit back. He said cleaning appliances from top to bottom, cleaning the carpets, and filling in any holes that were made in the walls. So, before moving, friends and I filled every hole left by curtains and pictures (including those that were there before), cleaned bathrooms, windows, fridge, stove, sink, counters, cupboards and carpets. The place was much cleaner than when we moved in.
The walk through happened the next day. At the time it seemed there was nothing that would keep us from getting our damage deposit. Then we waited. And waited. And emailed and called, and waited. Then waited some more. Finally, 17 days after we moved out (you have 10 days to give back the deposit or let tenants know of any charges), I sent off an email quoting the sections of the tenancy act that they were violating. A few days later, there was an email to my roommate about waiting to get quotes on damages.
Now, I gave up on getting my whole deposit back once I saw the “damages” because there’s no way for me to prove they were they before – even though they were. But today, 30 days after our lease was up, I still don’t have my portion of the deposit. I went to the office and they didn’t have it ready.
So, fellow bitchers, answer me this: should I try and fight them any longer, filing with the director of residential tenancies for $25ish, or should I just give it up and cut my losses?
—Livin on the Edge
This article appears in Sep 24-30, 2009.
I say fight it. And learn that lesson. Always do a walk through with the landlord and a pen and paper or better yet, a camera. If the landlord doesn’t automatically do a walk through and you see there’s damages, demand one. Also, take pictures the day you move in and the day you move out. I got fucked over twice before I learned that lesson.
It’s likely that your best course of action will be pay the $27 and have a hearing with the Nova Scotia Tenancies Board. The good news is that the onus is on the landlord to prove the damages (with photographs and invoices for repair) – if s/he can’t do that then they’ll rule in your favour and you’ll get your deposit back.
Don’t give up. The tenancy act exists in part to protect tenants during these types of situations. Looking at this:
http://www.gov.ns.ca/snsmr/consumer/resten…
I gather that, provided you gave him a clear end of tenancy date in writing, then if he hasn’t filed his intent to keep your money within those ten days he can’t keep it. Do what the website says and file your complaint.
C_P: My understanding of the Act isn’t that the landlord automatically loses by not filing within 10 days, but it certainly works against him. However, a Hearing Board representative will still hear the case regardless (I believe).
I’d say fight it, at least then you might be the last person that landlord tries to fuck over, at least for a while.
You have alot to learn, going through the process would help you for the next time. I wouldn’t just give up. Personally I’d tell your landlord you will be contesting these discrepancies in the hearing. Offer them some of the deposit; what you think is fair in exchange to skip the hearing. Typically landlords just want it settled, and will negotiate. If it takes them more then the ten days to get a quote I’d consider them to be lazy, and wanting to avoid the hearing. Put an offer on the table, if they take it you both get to move on. If not well you’ll learn some things.
I have never signed a lease in this city. There are plenty of landlords willing to rent good places in South End “under the table / off the books.” Get off the contract/lease trap.
with digital cameras these days, and many can record as well… why wouldn’t you photograph the entire place before moving a single box in?
And photograph the place with your stuff as well so if you have to file a claim, you have proof of your possessions….
Honestly, it just sounds like you were being silly.
rule of thumb bud, always take a digital camera with you. you find anything wrong,you have the dates on your pics to prove it. i did this once, and the owner damn near shit bricks, had the sucker dead to rights, and he had to give my deposit back, plus the interest for 4 years that i was there. yes, one piture is worth a 1,000 words, but it also the difference between getting your cash back or not.
I don’t know, but I find it strange that he had nothing to say about the damages until 20 (or so) days later–and after you started throwing the tenancy act him. I wonder if he just threw that at you thinking you would give up. As well, it appears that the apartment was already rented out (in spite of damage that he never fixed), so it is unlikely that it is a concern to him. Regardless, he cannot be known as dishonest unless you reveal his behaviour to the Tenancy Board.
Exact same situation here. I simply told the landlord that he has no proof of any damages caused by me becasue he failed to perform an in-inspection. Got full deposit back.
Stand on your principle brother. He is hoping you will just walk away. Fuck him. I would fight it on principle supposing it cost a hundred bucks!
OP: FIGHT IT! FIGHT IT! FIGHT IT! For one, since they didn’t fill out an inspection form when you moved in, they can’t prove that you caused any damages. Therefore they cannot legally keep any of the deposit. They are obligated to show where every single cent of your deposit that was witheld went to. Every penny must be accounted for. If there is even one minor discrepency, the board will side with you. Second, if he hasn’t filed the request yet (if he’s still “waiting on a quote” he hasn’t) then he’s well past his 10 days and can’t keep shit from you. Your best bet is to file a complaint and take him on. You’ll win.
As well, your deposit should have earned interest, so you actually get a little more. Maybe enough to pay the $27 = )
Fight it, too many landlords in Halifax are pulling this crap. Its almost a case of reverse onus where you have to prove you didn’t cause the damaged to get your own money back.
Also, tell the Metlege’s I said hi.
If you keep fighting you will eventually get your money. Same thing happened to me and my bulldog of a roommate kept after them until eventually she threatened to report them to the residential tenancies board. Finally after a month of waiting we got our money back. I guess I’m with everyone else here. These cockroaches only pull that shit because there are so many tenants who would just give up.
Is your landlord Lawen?
They’re known for some shady shit. They charged one of my best buds an extra month AFTER his lease ended b/c Peter Lawen, “Couldn’t find a renter for the following month.”
Lawen still had my best friend’s account number and blank cheque so he helped himself out to more than $1000.
Does the landlord have the thickest NFLD accent ever and talks like he has marbles in his mouth? If so, he’s got a pretty bad track record at this sort of thing.
I’d fight this one too but I’d probably leave the hassle-onus on the head of the landlord. It states right in The Act that a tenant may not withhold rent in lieu of deposit or interest monies. The Act also states the landlord may not collect more than 50% rent as a deposit if a deposit is required. You made the deposit, the calculation of interest is public knowledge (check out that website for the rate to use for each year and then compound it because the landlord is required to pay it out yearly and if he didn’t then that’s more money held as deposit) and the deposit amount is clear enough so I’d say just deduct it from your final rent and let him file if he likes hassles so much… it’s a complaint-based system, let him do the whinin’ while you walk away with what you know is fair.
Landlords here like to screw over people with the damage deposits. I’m going through a similar battle at the moment. Don’t give up!
the landlord would have needed to go to tenancy board to make a claim against your deposit or he/she has to give it back in full – they cannot just take it – (though many do)also if there was no move in inspection than it is your word against theirs…as well if they refuse to give you back your deposit and you take them to a hearing you can ask that your decision include the money you paid to go to the hearing – call the landlord – demand they give you back your deposit – and advise them that if they want to make a claim against it them they must by law take you to the tenancy board to do that….
sorry for typos…tired…and this stuff makes me sooooooooooooooo mad!
possession is 9/10’ths of the law, isn’t it? That’s why I said ensure the loss is on the part of the LL and let them file a claim, otherwise, obviously, the guy is going to keep your money until some court tells him to pony up. Mitigate your losses to ensure you don’t have any.
Yes OP, as a fellow renter I agree you should go fight for your deposit back.
NGF: I agree with your Lawen comment – I rented from them before and they were very dishonest.
When i was younger & used to rent, I ran into this problem of fighting to get your deposit back more than once. After the second time , & when I lived in my first duplex in Dartmouth, I had similar problems getting anything ‘fixed’ . When it came time to move , I gave notice & on my last month I paid 1/2 of the months rent.
When the landlord who, had never had to wait for his money before, contacted me about the other half of his money ,I told him to take it out of my damage deposit. If you are a renter & you have a landlord who shows any signs of being…unconcerned, too busy, or you notice that he/she lets things go for too long, remember my simple idea to get your deposit back, you see by not paying half my months rent a month in advance, gave me my damage deposit for the next place…a month in advance & theres no waiting . Plus there’s no chance they’re going to attempt to make any excuse they can to keep your money. As for a tenancy board meeting, by the time that comes around your moved…showing up at one with photo’s & in my case a reciept from a carpet cleaning company as well ,didn’t hurt either 🙂
Lucy – Mr. Lawen likes to take his very hot-headed baby brother with him to “shake down’ his tenants sometimes also. And often this “shake down” is scheduled as merely a meeting b/w “management and tenant”.
Oddly, the meeting takes place at the tenants residence and baby brother tends to just barge in yelling and screaming. He did it to my same friend two or three times.
If I were at bf’s place, baby brother and I would have stepped outside.
NGF – never met PL or his bro or heard of that kind of tactic during the year I lived there, but it doesn’t surprise me. I contacted the tenancy board over my issues with him and even though I had proof of my complaints, the board was useless and I got out of there when my lease expired. I think they know they can get away with whatever they want to, and act accordingly.