BC - Trying to get my Security Deposit back from a Landlord
Apr 16th 2014, 4:27 am
#1
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Thread Starter
Joined: Nov 2012
Posts: 95
BC - Trying to get my Security Deposit back from a Landlord
Hey everyone, I'm trying to get my security deposit back from my previous Landlord and am looking for advice on the below. I have tried looking on the RTB but cannot find specifics to my situation.
I have been subletting a furnished room from another tenant who rents from a property management company for almost a year, I signed an official BC tenancy agreement before I moved in. A move in inspection report was not completed or even mentioned by the landlord.
On March 1st I emailed him 1 months notice and advised i would be moving out at the end of the month. I realise now that it was a day late and that I should have given notice by Feb 28th, however the landlord did not respond to the email, and made no attempt to tell me that my notice would not effective until April 1st despite us talking pretty much every day in March as we shared the apartment. He even advised that I would get my deposit back 2 weeks after I moved out of the property, I do not have proof of this as it was verbal.
When I left the property at the end of March a move out inspection was not completed. On the 13th April he replied to the notice email I sent him stating that as I did not give notice by the end of Feb it was not effective until Apr 1 and that I could either agree to let him keep the deposit or he could apply to RTB to keep it
I agree that I defaulted on the notice, however the LL removed the furniture from my room on Mar 13th stating that the owner of the furniture wanted it back, so does that mean that he broke the conditions of the tenancy agreement?
What are my rights here?
I have been subletting a furnished room from another tenant who rents from a property management company for almost a year, I signed an official BC tenancy agreement before I moved in. A move in inspection report was not completed or even mentioned by the landlord.
On March 1st I emailed him 1 months notice and advised i would be moving out at the end of the month. I realise now that it was a day late and that I should have given notice by Feb 28th, however the landlord did not respond to the email, and made no attempt to tell me that my notice would not effective until April 1st despite us talking pretty much every day in March as we shared the apartment. He even advised that I would get my deposit back 2 weeks after I moved out of the property, I do not have proof of this as it was verbal.
When I left the property at the end of March a move out inspection was not completed. On the 13th April he replied to the notice email I sent him stating that as I did not give notice by the end of Feb it was not effective until Apr 1 and that I could either agree to let him keep the deposit or he could apply to RTB to keep it
I agree that I defaulted on the notice, however the LL removed the furniture from my room on Mar 13th stating that the owner of the furniture wanted it back, so does that mean that he broke the conditions of the tenancy agreement?
What are my rights here?
Apr 16th 2014, 4:33 am
#2
Joined: Sep 2008
Posts: 12,830
Re: BC - Trying to get my Security Deposit back from a Landlord
Hey everyone, I'm trying to get my security deposit back from my previous Landlord and am looking for advice on the below. I have tried looking on the RTB but cannot find specifics to my situation.
I have been subletting a furnished room from another tenant who rents from a property management company for almost a year, I signed an official BC tenancy agreement before I moved in. A move in inspection report was not completed or even mentioned by the landlord.
On March 1st I emailed him 1 months notice and advised i would be moving out at the end of the month. I realise now that it was a day late and that I should have given notice by Feb 28th, however the landlord did not respond to the email, and made no attempt to tell me that my notice would not effective until April 1st despite us talking pretty much every day in March as we shared the apartment. He even advised that I would get my deposit back 2 weeks after I moved out of the property, I do not have proof of this as it was verbal.
When I left the property at the end of March a move out inspection was not completed. On the 13th April he replied to the notice email I sent him stating that as I did not give notice by the end of Feb it was not effective until Apr 1 and that I could either agree to let him keep the deposit or he could apply to RTB to keep it
I agree that I defaulted on the notice, however the LL removed the furniture from my room on Mar 13th stating that the owner of the furniture wanted it back, so does that mean that he broke the conditions of the tenancy agreement?
What are my rights here?
I have been subletting a furnished room from another tenant who rents from a property management company for almost a year, I signed an official BC tenancy agreement before I moved in. A move in inspection report was not completed or even mentioned by the landlord.
On March 1st I emailed him 1 months notice and advised i would be moving out at the end of the month. I realise now that it was a day late and that I should have given notice by Feb 28th, however the landlord did not respond to the email, and made no attempt to tell me that my notice would not effective until April 1st despite us talking pretty much every day in March as we shared the apartment. He even advised that I would get my deposit back 2 weeks after I moved out of the property, I do not have proof of this as it was verbal.
When I left the property at the end of March a move out inspection was not completed. On the 13th April he replied to the notice email I sent him stating that as I did not give notice by the end of Feb it was not effective until Apr 1 and that I could either agree to let him keep the deposit or he could apply to RTB to keep it
I agree that I defaulted on the notice, however the LL removed the furniture from my room on Mar 13th stating that the owner of the furniture wanted it back, so does that mean that he broke the conditions of the tenancy agreement?
What are my rights here?
Apr 16th 2014, 4:45 am
#3
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: BC - Trying to get my Security Deposit back from a Landlord
Hey everyone, I'm trying to get my security deposit back from my previous Landlord and am looking for advice on the below. I have tried looking on the RTB but cannot find specifics to my situation.
I have been subletting a furnished room from another tenant who rents from a property management company for almost a year, I signed an official BC tenancy agreement before I moved in. A move in inspection report was not completed or even mentioned by the landlord.
On March 1st I emailed him 1 months notice and advised i would be moving out at the end of the month. I realise now that it was a day late and that I should have given notice by Feb 28th, however the landlord did not respond to the email, and made no attempt to tell me that my notice would not effective until April 1st despite us talking pretty much every day in March as we shared the apartment. He even advised that I would get my deposit back 2 weeks after I moved out of the property, I do not have proof of this as it was verbal.
When I left the property at the end of March a move out inspection was not completed. On the 13th April he replied to the notice email I sent him stating that as I did not give notice by the end of Feb it was not effective until Apr 1 and that I could either agree to let him keep the deposit or he could apply to RTB to keep it
I agree that I defaulted on the notice, however the LL removed the furniture from my room on Mar 13th stating that the owner of the furniture wanted it back, so does that mean that he broke the conditions of the tenancy agreement?
What are my rights here?
I have been subletting a furnished room from another tenant who rents from a property management company for almost a year, I signed an official BC tenancy agreement before I moved in. A move in inspection report was not completed or even mentioned by the landlord.
On March 1st I emailed him 1 months notice and advised i would be moving out at the end of the month. I realise now that it was a day late and that I should have given notice by Feb 28th, however the landlord did not respond to the email, and made no attempt to tell me that my notice would not effective until April 1st despite us talking pretty much every day in March as we shared the apartment. He even advised that I would get my deposit back 2 weeks after I moved out of the property, I do not have proof of this as it was verbal.
When I left the property at the end of March a move out inspection was not completed. On the 13th April he replied to the notice email I sent him stating that as I did not give notice by the end of Feb it was not effective until Apr 1 and that I could either agree to let him keep the deposit or he could apply to RTB to keep it
I agree that I defaulted on the notice, however the LL removed the furniture from my room on Mar 13th stating that the owner of the furniture wanted it back, so does that mean that he broke the conditions of the tenancy agreement?
What are my rights here?
http://www.rto.gov.bc.ca/documents/GL17.pdf
If the landlord does not return or file for arbitration to retain the deposit within fifteen days, and does not have the tenant’s agreement to keep the deposit, the landlord must pay the tenant double the amount of the deposit. Where the landlord has to pay double the security deposit to the tenant, interest is calculated only on the original security deposit amount and is not doubled.
Apr 16th 2014, 4:56 am
#4
Forum Regular
Thread Starter
Joined: Nov 2012
Posts: 95
Re: BC - Trying to get my Security Deposit back from a Landlord
Hi Siouxie,
He emailed me on Sunday night and asked for a response by Monday 8pm (the 14th day after I left the property) and advised me of the 2 options in the link you provided above. I kind of let my anger at the situation get the better of me and let rip at him... I didn't personally insult him but certainly gave him a piece of my mind however, I did not specifically say he could keep the deposit.
I only found out about the furniture thing today when I spoke to my work colleagues about the situation, do you know if he is allowed to remove the furniture from my room while the tenancy agreement is still in effect, I wouldn't have thought so but cannot find any information on the RTB website regarding that.
Another thing I am considering is the lack of inspection report on move in and move out. I read on the RTB website that this has to be done otherwise the LL has no right to keep the security deposit. Does this still apply even though he is not claiming the deposit for damage caused?
He emailed me on Sunday night and asked for a response by Monday 8pm (the 14th day after I left the property) and advised me of the 2 options in the link you provided above. I kind of let my anger at the situation get the better of me and let rip at him... I didn't personally insult him but certainly gave him a piece of my mind however, I did not specifically say he could keep the deposit.
I only found out about the furniture thing today when I spoke to my work colleagues about the situation, do you know if he is allowed to remove the furniture from my room while the tenancy agreement is still in effect, I wouldn't have thought so but cannot find any information on the RTB website regarding that.
Another thing I am considering is the lack of inspection report on move in and move out. I read on the RTB website that this has to be done otherwise the LL has no right to keep the security deposit. Does this still apply even though he is not claiming the deposit for damage caused?
Apr 16th 2014, 5:16 am
#5
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: BC - Trying to get my Security Deposit back from a Landlord
Hi Siouxie,
He emailed me on Sunday night and asked for a response by Monday 8pm (the 14th day after I left the property) and advised me of the 2 options in the link you provided above. I kind of let my anger at the situation get the better of me and let rip at him... I didn't personally insult him but certainly gave him a piece of my mind however, I did not specifically say he could keep the deposit.
I only found out about the furniture thing today when I spoke to my work colleagues about the situation, do you know if he is allowed to remove the furniture from my room while the tenancy agreement is still in effect, I wouldn't have thought so but cannot find any information on the RTB website regarding that.
Another thing I am considering is the lack of inspection report on move in and move out. I read on the RTB website that this has to be done otherwise the LL has no right to keep the security deposit. Does this still apply even though he is not claiming the deposit for damage caused?
He emailed me on Sunday night and asked for a response by Monday 8pm (the 14th day after I left the property) and advised me of the 2 options in the link you provided above. I kind of let my anger at the situation get the better of me and let rip at him... I didn't personally insult him but certainly gave him a piece of my mind however, I did not specifically say he could keep the deposit.
I only found out about the furniture thing today when I spoke to my work colleagues about the situation, do you know if he is allowed to remove the furniture from my room while the tenancy agreement is still in effect, I wouldn't have thought so but cannot find any information on the RTB website regarding that.
Another thing I am considering is the lack of inspection report on move in and move out. I read on the RTB website that this has to be done otherwise the LL has no right to keep the security deposit. Does this still apply even though he is not claiming the deposit for damage caused?
Did you take over the lease from the former tenant or were you given a month-to-month or fixed term lease? I find it very strange that the rental was through a property management company but the landlord lives on the premises. Is he definitely the owner/landlord? Have you spoken with the property management company?
As Aviator said, go and talk to them at RTB and see what they say.
Edited to say, do you mean that the person you are sharing with is the tenant and you are subletting a room from him? Did he get consent from the property management company to sub-let? He isn't the landlord, if he is renting the place himself.
According to the regulations:
Assignment and subletting
34 (1) Unless the landlord consents in writing, a tenant must not assign a tenancy agreement or sublet a rental unit.
He may be trying to pull a fast one - perhaps mention to him that you are prepared to go to the RTB.
You may want to read through some of the info on here: http://www.apartmentguide.ca/advice/...?q=837&sub=112
Last edited by Siouxie; Apr 16th 2014 at 5:40 am.
Apr 16th 2014, 5:52 am
#6
Account Closed
Joined: Jan 2006
Posts: 0
Re: BC - Trying to get my Security Deposit back from a Landlord
You will want to call the RTB and inquire with them, they are your best resource.
Apr 16th 2014, 12:42 pm
#7
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Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
Re: BC - Trying to get my Security Deposit back from a Landlord
This is definitely one for the RTB... there's too many small factors here to judge.
Apr 16th 2014, 1:26 pm
#8
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Thread Starter
Joined: Nov 2012
Posts: 95
Re: BC - Trying to get my Security Deposit back from a Landlord
Thanks everyone...
He is the current tenant of the property and was subletting to me. I'm not sure if he had written agreement from the landlord.... from what I have read its the landlord responsibility to get that isn't it?
I'll be speaking to the RTB today
He is the current tenant of the property and was subletting to me. I'm not sure if he had written agreement from the landlord.... from what I have read its the landlord responsibility to get that isn't it?
I'll be speaking to the RTB today
