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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100466
Experience:  Lawyer
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I am in a rental situation in which i live with the owner of

Customer Question

I am in a rental situation in which i live with the owner of the house. She has asked me to leave the house due to an agrument that we had about a week ago. Today she told me that my damage deposit does not cover even half of the damage i have done to the house. This is shocking to me as i have repainted the basement and even done significant repair to the drywall. She has put the house up for sale and her realtor told her a lot of value has been added becuase of improvments in the basement. I have asked for a list of the "damages" so that we can have them repaired prior to leaving. She told me no and that she will give me the list after i have moved out and there is an inspection done. Does she not have to give me the opportunity to fix any supposed damage before she hires any company to do any work? Thank you.
Submitted: 4 years ago.
Category: Canada Law
Expert:  Debra replied 4 years ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Did you share a bathroom or kitchen with her?
Customer: replied 4 years ago.

I don't share a bathroom with her but we do share the kitchen, although we have our own fridge in the basement. As well she has now removed the lock on the door to the basement and is going down taking pictures of my things being packed even taking pictures of me when not looking. I feel like could be thrown out any second and there is nothing can do about it. just so you are aware the arguement was regarding a dehumidifier she provided to me for the intense humidity in the basement. she came down unplugged it and advised me that she had lent it to her friend for a week. told her it was being used and needed and felt like she should have talked to me about it. I think may have hurt her feelings and she asked me to move out at the end of july because was I being disrespectful. I am so shocked that someone who has never missed rent and was a friend of hers as early as that morning (we went to breakfast that morning) and cleaned up after her and the rest of the house can be treated like this. her father phoned and threatened to have me thrown out in 24 hours at 11 at night. I'm feeling so bullied d completely without rights. I don't understand that.

Expert:  Debra replied 4 years ago.
Because you share the accommodations you are not covered by the Residential Tenancies Act.

That means that the lease is what governs.

But she cannot have you leave if you've already paid rent for July.

And if she does give you back your security deposit then you can sue her in Small Claims Court.

She will have to prove that you caused the damage and also that she paid for the repairs and how much she paid.

So she cannot simply make up numbers or keep your money without proof.

So take photos of the space so you can prove she is being dishonest, if necessary.

Let me know if you need any further clarification.

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