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The question is the site manager is allow to sign the lease

 

Customer Question

The question is the site manager is allow to sign the lease and take the S/D without showing the suite and if that happens , do I have rights to get my full refund after I saw the suite and did not take it for medical reason.What are my rights?
Christine

 



Already Tried:
I did talk to the site manager and she said to me that I lost the whole S/D and then late she said my manager will look for this matter, and she also said we will it out for you.

Submitted: 1052 days and 6 hours ago.
Category: Canada Law
Value: CA$43
Status: CLOSED
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Expert:  Harv replied1052 days and 6 hours ago.

I have a few clarifying questions first:

Does your question relate to the site manager of a residential complex?
Did you sign the lease without having seen the suite or was it just the site manager that signed it?
How long is the lease for?
What do you mean by S/D exactly and what was paid in the regard?
What province are you in?

Customer replied1052 days and 6 hours ago.

yes my question is relate to the site manager of residential comples. yes I think so I have signed the lease without having seen the suite.I didn't give any term and condition for lease, S/D means one month security deposit and paid in full, my province is AB

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Expert:  Harv replied1052 days and 6 hours ago.

Thank you for your reply. I need to follow up a little more:

Do you know if this is a one year lease or a month-to-month tenancy?
Did they give you a copy of the lease?
What is the medical condition related to the condition of the apartment that is posing the problem?
Did you just pay the security deposit or the first month's rent as well?

Customer replied1052 days and 6 hours ago.

As far as I know I didn't talk anything about the lease and she did not give me the copy of the lease. The medical condition is my husband is 69 years old and he suffer from

asthma and shortage of air while he climb the stairs, he also have multiple complication about his health. I was very clear to the site manager I want to rent the lower ground suite.

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Expert:  Harv replied1052 days and 6 hours ago.

Thank you for your replies. They are helpful in understanding all of the circumstances.

It sounds like this manager is taking advantage of you - or at least trying to. What I would suggest is that you contact them advising that you wish the return of your deposit immediately. Give them a short time frame to do so - maybe 2 or 3 business days. Tell them that they have misrepresented themselves regarding the premises. Tell them if they do not do so you will be retaining the services of a lawyer and will be filing a complaint with the Residential Tenancy Board. You can find more information on how to file a complaint on their website at:

http://www.servicealberta.gov.ab.ca/landlords_tenants.cfm

You can also tell them, if you wish, that they are not entitled to any of your money because you did not get what you bargained for. They understood what you wanted to rent and they did not provide it.

As well, you could tell them that even if there was a landlord/tenancy relationship initiated (which there was not), any alleged contract was frustrated pursuant to Section 40(1)(b)(ii) of the Residential Tenancies Act because a reasonable tenant would not be willing to remain as a tenant under these circumstances.

After you contact them, follow it up with a letter by registered mail. Set out in the letter exactly what was discussed and what you told them during your conversation.

I hope that is some assistance. If I have answered your question please 'accept' so that credit is given for the answers.

All the best and good luck.

Customer replied1052 days and 6 hours ago.

Thank you very much for your help and advice. I'm trying to be calm and nice to them, the money thy are holding is very high over $1,000.00 .once again thank you and I'm very pealsed with the advice.

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Expert:  Harv replied1052 days and 5 hours ago.

You're very welcome. Please click "accept" so that credit is given for the answers provided.

 

Good luck!

Customer replied1052 days and 4 hours ago.

I know I signed some document but I'm prettey sure not lease document. I was at the impression she wanted to reserve the suite for showing purpose only, because on that day the suite was not vacant and when she showed me the suite the suite had no power and she thinks I should yes even though I have to see the suite in dark.

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Expert:  Harv replied1052 days and 4 hours ago.

OK. Then you you should do as I have said in the answer to your initial questions. In either case, they should not be keeping your money.

Please click "accept" as no credit has been given for the answers I have provided to you thus far.

 
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