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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3578
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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A tenant moved in to a property 2 years ago. A formal move

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A tenant moved in to a property 2 years ago. A formal move in inspection was not done where the tenant signed off on anything. But we did go through it together and he did say everything looked good.

He has now moved out - he refused to do a walk through at the end. Bathroom sink had to be replaced, carpet had to be cleaned, garage door had to be repaired. He left equipment sitting in the garage and wouldn't remove it. He claimed that he was not responsible for any of it because he did not sign any waiver when he moved in.

I have invoices from contractors indicating that everything was new before he moved in. I have pictures indicating that everything was new.

He is now asking for the damage deposit back and is taking me to the landlord tenant dispute resolution panel to obtain it back.

Does he have the right to the entire damage deposit back?

Ulysses101 :

Hello, thank you for your question.

Ulysses101 :

I'm sorry you're in this situation. Clearly, you were left holding the bag. How much is the damage deposit? What's your date before the tribunal? And what's your deadline to reply to his claim?

Customer:

Hi:

Customer:

The date of the hearing is November 19th. The damage deposit is $600.00. The sink was $190.00, carpet cleaning was $117.00, garage door is being fixed tomorrow. The remainder of the deposit I would have provided back to him except that he still hasn't removed everything from the garage. I am legally supposed to hold the property for 30 days...thus I cannot give him the balance of his deposit back until I know how much it is going to cost me to have the remainder of his property hauled to the dump.

Customer:

I am not sure when the deadline is to reply to the claim. I just received the notice today.

Ulysses101 :

Ok, I understand.

Ulysses101 :

Some of what you're claiming won't be covered by the damage deposit. Carpet cleaning probably won't. The tenant is responsible for what's above and beyond normal wear and tear. Getting the carpets cleaned after this tenancy isn't by itself something you are likely to be able to have the tenant cover, unless it was a real disaster.

Ulysses101 :

But the replacing of the sink is different. If it was damaged by the tenant, then the damage deposit is certainly applicable. If the sink was already old, and the tubes needed replacing, again that's not the tenant's fault. But if your pictures show that the sink was damaged and needed to be replaced, you'll likely find that the tribunal gives you that one.

Ulysses101 :

You say that you have pictures to show that everything was new. I hope that the pictures are date stamped, but even if they aren't you should include them in your response to the tenant's claim, under cover of affidavit is best. If you comment on the pictures and swear your information to be true then it's still evidence.

Ulysses101 :

I hate to get philosophical here, but you asked if he has the right to the entire deposit back. He's entitled to claim it. Heck, I could claim it. There's nothing stopping me. But the real question is whether he's likely to succeed, right?

Ulysses101 :

As for storing his goods, simply document it and put it in your evidence. The tribunal will have more sympathy for you if he left his things all over the home and yard, and you're still storing it for him because you don't want to appear to be vindictive.

Ulysses101 :

I've written a lot here, so please digest it and reply with comment or question.

Customer:

Thank-you for your advice.

Ulysses101 :

If we're done here and you're satisfied that I've answered you, please rate the service positively so that I get credit for helping you today.

Customer:

Sure

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