HiI need advise to deal with landlord issues. We gave a damage deposit to a landlord, $1200. But we decided not to move into the place after 2 days, and we asked for the deposit back, but the landlord refused to give it back.The landlord signed a written document, to the affect as follows:One line reads: For any reasons, Phyllis and Eva Hofer refuse to sign the Residential Tenancy Agreement (renting for one year) and/or not having the rent ready on or before July 2nd 2012, the deposit to hold the townhouse will not be refunded.The letter was signed by the landlord only and not the tennants
Province/Territory relating to question: Alberta
I have tried to negotiate with the landlord
If you agreed to take the place then you entered into a binding contract.
If the agreement was for a fixed term tenancy he can sue you to force you to comply with the agreement.
At the same time he has to take all steps possible to mitigate his damages.
This means the he must do what he can to find a new tenant.
If he does you are off the hook and will only owe him what he has lost in terms of damages.
So if it takes an extra month to rent the space you would owe him that rent.
He cannot be unjustly enriched either,.
So if he finds a new tenant right away he will have to return the deposit to you.
But was their an agreement that you would take the space?
Even a verbal agreement?
I understand what the deposit was for but the way contracts work in most cases is that there needs to be an offer and an acceptance and if the offer and acceptance are firm (as opposed to conditional) then you have a binding contract.
So it sounds to me that your friend was acting as your agent and had the authority to bind you.
In Alberta verbal tenancy agreements are binding.But was the agreement for a month to month tenancy or a year long for example?
So that is fixed term tenancy agreement and we are back to my initial answer.
You are bound by that agreement but he must do all he can to find a new tenant.
As long as you are sure what I explained.
You are very welcome.
I got that!!