Landlord Trying To Stiff Me?
May 23rd 2015, 12:37 am
#1
BE Forum Addict
Thread Starter
Joined: Dec 2011
Location: Back in Scotland after 4 years in Calgary
Posts: 1,403
Landlord Trying To Stiff Me?
Hello all, could use some advice.
I'm currently house hunting, and have an offer in on a place STC. Whilst all this is going on, I'm moving out of my rental, as my girlfriends parents have graciously offered to put us up until our possession date.
The townhouse was a 2012 build, finished in Fall 2012. I was the first tenant in January 2013.
My damage deposit was supposed to have $150 removed from it for cleaning after I moved out, which I agreed to and signed it in the lease.
At this moment, we haven't completed the end of lease walkthru, but they have been doing showings whilst I'm away from work.
The landlord is represented by an agent with whom I deal, and she is now telling me that the cheap cabinets (which are supposed to be an upgrade) are chipping and this is not normal wear and tear.
Here's some photographs after a quick polish with some wood stain:
Apparently she has been quoted $200 by a contractor to fix them.
I believe she's trying it on, i spoke to a couple of neighbours and was told theirs are exactly the same. Its just cheap finished cabinets that are showing 3 years worth of use.
At the moment, I haven't paid the final months rent cheque. I am however happy to let them keep my damage deposit, I'll keep my rent cheque and pay them the $150 that was agreed to for cleaning at the start.
I have read that in AB, the landlord can't deduct for reasonable wear and tear (which I believe this should be considered), so long as the tenant takes reasonable care to not damage the stuff and keep it in good condition. I assume cleaning the kitchen covers this.
Advice?
TL;DR - Landlord says chipping kitchen cabinets aren't normal wear and tear after 3 years and is trying to get an additional $200 from me to fix them.
I'm currently house hunting, and have an offer in on a place STC. Whilst all this is going on, I'm moving out of my rental, as my girlfriends parents have graciously offered to put us up until our possession date.
The townhouse was a 2012 build, finished in Fall 2012. I was the first tenant in January 2013.
My damage deposit was supposed to have $150 removed from it for cleaning after I moved out, which I agreed to and signed it in the lease.
At this moment, we haven't completed the end of lease walkthru, but they have been doing showings whilst I'm away from work.
The landlord is represented by an agent with whom I deal, and she is now telling me that the cheap cabinets (which are supposed to be an upgrade) are chipping and this is not normal wear and tear.
Here's some photographs after a quick polish with some wood stain:
Apparently she has been quoted $200 by a contractor to fix them.
I believe she's trying it on, i spoke to a couple of neighbours and was told theirs are exactly the same. Its just cheap finished cabinets that are showing 3 years worth of use.
At the moment, I haven't paid the final months rent cheque. I am however happy to let them keep my damage deposit, I'll keep my rent cheque and pay them the $150 that was agreed to for cleaning at the start.
I have read that in AB, the landlord can't deduct for reasonable wear and tear (which I believe this should be considered), so long as the tenant takes reasonable care to not damage the stuff and keep it in good condition. I assume cleaning the kitchen covers this.
Advice?
TL;DR - Landlord says chipping kitchen cabinets aren't normal wear and tear after 3 years and is trying to get an additional $200 from me to fix them.
May 23rd 2015, 1:19 am
#2
Dive Bar Drunk
Joined: Nov 2006
Location: Toronto
Posts: 8,649
Re: Landlord Trying To Stiff Me?
It's definitely a cheap shot by the agent.
They'll do everything they can to try and pass the cost. Used to drive me nuts in the UK. Thankfully in Ontario we don't have damage deposits.
I'd tell them as far as you are concerned it's normal wear and tear until they can show you legislation to prove otherwise and proceed as you've mentioned above.
They'll do everything they can to try and pass the cost. Used to drive me nuts in the UK. Thankfully in Ontario we don't have damage deposits.
I'd tell them as far as you are concerned it's normal wear and tear until they can show you legislation to prove otherwise and proceed as you've mentioned above.
May 23rd 2015, 1:27 am
#3
Forum Regular
Joined: Apr 2015
Location: GTA
Posts: 68
Re: Landlord Trying To Stiff Me?
Hello all, could use some advice.
The landlord is represented by an agent with whom I deal, and she is now telling me that the cheap cabinets (which are supposed to be an upgrade) are chipping and this is not normal wear and tear.
I believe she's trying it on, i spoke to a couple of neighbours and was told theirs are exactly the same. Its just cheap finished cabinets that are showing 3 years worth of use.
Advice?
The landlord is represented by an agent with whom I deal, and she is now telling me that the cheap cabinets (which are supposed to be an upgrade) are chipping and this is not normal wear and tear.
I believe she's trying it on, i spoke to a couple of neighbours and was told theirs are exactly the same. Its just cheap finished cabinets that are showing 3 years worth of use.
Advice?
They don't look like chips to me but moisture has seeped under the glue between the veneer and chipboard that unsticks/peels the veneer so it is easily knocked off. Looks like the damage is above a heating outlet that could be part of the cause - especially if the heating adds humidity. Cheap kitchens always have this problem, don't use materials that are heat/moisture resistant enough if at all. Its wear and tear because there was nothing you could do to stop it.
If neighbours are having the same problem then see if you can get photo's statements from them to support you. With enough people having same problem points to a design issue.
May 23rd 2015, 2:09 am
#4
Account Closed
Joined: Jan 2006
Posts: 0
Re: Landlord Trying To Stiff Me?
It's definitely a cheap shot by the agent.
They'll do everything they can to try and pass the cost. Used to drive me nuts in the UK. Thankfully in Ontario we don't have damage deposits.
I'd tell them as far as you are concerned it's normal wear and tear until they can show you legislation to prove otherwise and proceed as you've mentioned above.
They'll do everything they can to try and pass the cost. Used to drive me nuts in the UK. Thankfully in Ontario we don't have damage deposits.
I'd tell them as far as you are concerned it's normal wear and tear until they can show you legislation to prove otherwise and proceed as you've mentioned above.
I like the BC way 1/2 month rent deposit, never had a landlord try and keep it, they have always returned it minus the carpet cleaning fee outlined in the lease.
May 24th 2015, 10:59 pm
#5
Forum Regular
Joined: Sep 2012
Posts: 32
Re: Landlord Trying To Stiff Me?
Can I add a bit of a hijack here with a similar problem...
My girlfriend and I took over her brothers room in a shared 2 bedroom flat after he got laid off and wanted to go to NZ.
Her brother told the landlord the plan and said there was a 'strong possibility' that we could stay on in the flat beyond the lease. We moved in at the end of Feb and the lease was to the end of April.
The landlord came over and we changed the names on the lease and agreed to pay and extra $50 a month for the extra person.
We quickly learned that the flat was a dump with very little money spent on it and there was no way we were going to stay on. We told him this around 5-6 weeks before end of lease so landlord could find somebody new. He attempted to have viewings with same day notice but we said no and they became around a days notice, we always left the building.
The place was cleaned up as best we could, and a steam cleaner was hired to use on the carpets. The walkthrough was done with him but nothing was signed and we expected to get the full deposit of $1400 back.
Days later we received a cheque for $985. $115 removed for cleaning required in the bathroom. We had cleaned it but nothing was going to make it look new, the bathroom has no ventilation (or lock!).
The other $300 was apparently because the gf's brother had been dishonest in the lease. Nothing more said.
We contacted him on the day with non-aggressive texts and had no reply and a few days later sent him a long email asking him to explain his actions, again no reply.
I see we can take it to a tribunal for $75 and that looks like the way we are heading.
Any advice? Thanks for reading!
My girlfriend and I took over her brothers room in a shared 2 bedroom flat after he got laid off and wanted to go to NZ.
Her brother told the landlord the plan and said there was a 'strong possibility' that we could stay on in the flat beyond the lease. We moved in at the end of Feb and the lease was to the end of April.
The landlord came over and we changed the names on the lease and agreed to pay and extra $50 a month for the extra person.
We quickly learned that the flat was a dump with very little money spent on it and there was no way we were going to stay on. We told him this around 5-6 weeks before end of lease so landlord could find somebody new. He attempted to have viewings with same day notice but we said no and they became around a days notice, we always left the building.
The place was cleaned up as best we could, and a steam cleaner was hired to use on the carpets. The walkthrough was done with him but nothing was signed and we expected to get the full deposit of $1400 back.
Days later we received a cheque for $985. $115 removed for cleaning required in the bathroom. We had cleaned it but nothing was going to make it look new, the bathroom has no ventilation (or lock!).
The other $300 was apparently because the gf's brother had been dishonest in the lease. Nothing more said.
We contacted him on the day with non-aggressive texts and had no reply and a few days later sent him a long email asking him to explain his actions, again no reply.
I see we can take it to a tribunal for $75 and that looks like the way we are heading.
Any advice? Thanks for reading!
May 24th 2015, 11:13 pm
#6
Yo
Joined: Nov 2012
Location: UK
Posts: 24,474
Re: Landlord Trying To Stiff Me?
Doesn't look like normal wear and tear from the photo. Maybe you can just offer to pay $100 as a compromise.
May 25th 2015, 12:05 am
#7
Account Closed
Joined: Jan 2006
Posts: 0
Re: Landlord Trying To Stiff Me?
Can I add a bit of a hijack here with a similar problem...
My girlfriend and I took over her brothers room in a shared 2 bedroom flat after he got laid off and wanted to go to NZ.
Her brother told the landlord the plan and said there was a 'strong possibility' that we could stay on in the flat beyond the lease. We moved in at the end of Feb and the lease was to the end of April.
The landlord came over and we changed the names on the lease and agreed to pay and extra $50 a month for the extra person.
We quickly learned that the flat was a dump with very little money spent on it and there was no way we were going to stay on. We told him this around 5-6 weeks before end of lease so landlord could find somebody new. He attempted to have viewings with same day notice but we said no and they became around a days notice, we always left the building.
The place was cleaned up as best we could, and a steam cleaner was hired to use on the carpets. The walkthrough was done with him but nothing was signed and we expected to get the full deposit of $1400 back.
Days later we received a cheque for $985. $115 removed for cleaning required in the bathroom. We had cleaned it but nothing was going to make it look new, the bathroom has no ventilation (or lock!).
The other $300 was apparently because the gf's brother had been dishonest in the lease. Nothing more said.
We contacted him on the day with non-aggressive texts and had no reply and a few days later sent him a long email asking him to explain his actions, again no reply.
I see we can take it to a tribunal for $75 and that looks like the way we are heading.
Any advice? Thanks for reading!
My girlfriend and I took over her brothers room in a shared 2 bedroom flat after he got laid off and wanted to go to NZ.
Her brother told the landlord the plan and said there was a 'strong possibility' that we could stay on in the flat beyond the lease. We moved in at the end of Feb and the lease was to the end of April.
The landlord came over and we changed the names on the lease and agreed to pay and extra $50 a month for the extra person.
We quickly learned that the flat was a dump with very little money spent on it and there was no way we were going to stay on. We told him this around 5-6 weeks before end of lease so landlord could find somebody new. He attempted to have viewings with same day notice but we said no and they became around a days notice, we always left the building.
The place was cleaned up as best we could, and a steam cleaner was hired to use on the carpets. The walkthrough was done with him but nothing was signed and we expected to get the full deposit of $1400 back.
Days later we received a cheque for $985. $115 removed for cleaning required in the bathroom. We had cleaned it but nothing was going to make it look new, the bathroom has no ventilation (or lock!).
The other $300 was apparently because the gf's brother had been dishonest in the lease. Nothing more said.
We contacted him on the day with non-aggressive texts and had no reply and a few days later sent him a long email asking him to explain his actions, again no reply.
I see we can take it to a tribunal for $75 and that looks like the way we are heading.
Any advice? Thanks for reading!
May 25th 2015, 12:40 am
#8
Stand-up Philosopher
Joined: Apr 2009
Location: Regina Saskatchewan
Posts: 16,344
Re: Landlord Trying To Stiff Me?
Look up rentalsman in whichever province you are in.
