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Hi I need advise to deal with landlord issues. We gave a

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

Hi

I 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

 

Optional Information:
Province/Territory relating to question: Alberta

Already Tried:
I have tried to negotiate with the landlord

Submitted: 299 days and 20 hours ago.
Category: Canada Law
Value: CA$74
Status: CLOSED

Accepted Answer

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Expert:  Debra Thal replied 299 days and 19 hours ago.


Debra Thal (username) :

If you agreed to take the place then you entered into a binding contract.

Debra Thal (username) :

If the agreement was for a fixed term tenancy he can sue you to force you to comply with the agreement.

Debra Thal (username) :

At the same time he has to take all steps possible to mitigate his damages.

Debra Thal (username) :

This means the he must do what he can to find a new tenant.

Debra Thal (username) :

If he does you are off the hook and will only owe him what he has lost in terms of damages.

Debra Thal (username) :

So if it takes an extra month to rent the space you would owe him that rent.

Debra Thal (username) :

He cannot be unjustly enriched either,.

Debra Thal (username) :

So if he finds a new tenant right away he will have to return the deposit to you.

Customer : ok but their has not been nothing signed in the affect that we will lease the property for any amount of time. The only money given was the damage deposit money. No lease has been signed
Customer : No lease has been signed, the only money given and agreed upon was the damage deposit, no contract has been signed regarding a lease
Debra Thal (username) :

But was their an agreement that you would take the space?

Debra Thal (username) :

Even a verbal agreement?

Customer : Yes their was, not with the direct tenant, but with a third party (friend), that was sent their to check out the place, and she assured the tenant that the place was suitable and thats when the damage deposit was signed and the money was payed,(for the damage deposit only)
Debra Thal (username) :

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.

Debra Thal (username) :

So it sounds to me that your friend was acting as your agent and had the authority to bind you.

Customer : Correct
Debra Thal (username) :

In Alberta verbal tenancy agreements are binding.

But was the agreement for a month to month tenancy or a year long for example?

Customer : It was an agreement on a yearly term
Debra Thal (username) :

So that is fixed term tenancy agreement and we are back to my initial answer.

Debra Thal (username) :

You are bound by that agreement but he must do all he can to find a new tenant.

Customer : Ok, so well just have to take the 1200$ as a loss and move on then?
Customer : Ok I see wat ur saying, I gotcha 100%
Debra Thal (username) :

OK

Debra Thal (username) :

As long as you are sure what I explained.

Customer : Ok I think I've answered everything perfectly clear, thnx a million
Debra Thal (username) :

You are very welcome.

Customer : Or I mean, you have answered, lol
Debra Thal (username) :

I got that!!

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37609
Answered: 7/4/2012

Experience: Lawyer

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