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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100945
Experience:  Lawyer
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Hi, I rented a vacation property in 2012 and 2013 from an

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I rented a vacation property in 2012 and 2013 from an individual through In 2012, she retained the damage deposit to reserve the cottage for 2013. This year, I have requested the damage deposit and pet deposit be returned (total value $450) and am receiving no response. I've tried email and voice mail but get no answer. I know they were trying to sell the property but don't know if it's sold. What recourse do I have? Can I file a lien against their property or go to small claims court? How much do those actions cost? I have a copy of the contract that I sent to them (but not a returned copy with their signature), email correspondence, and a record of the email transfer of funds. Thanks!
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal 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.

But, 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.

Is this company one that allows people to advertise their cottages for rent but you contract with the cottage owner?
Customer: replied 3 years ago.

Yes - owners list their properties on the site and all communication is directly with the owner including the contract.

The only way you can register a lien on title is to sue and get a Judgment first.

So your next step would be to send the owner a demand letter giving the owner a deadline for paying you the money and state that you will be commencing legal proceedings and then will be seeking interest and your costs.

You can sue in Small Claims Court and can self-represent and if it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

For now, let me know if you need any further clarification.
Customer: replied 3 years ago.

Any idea of the time and cost to pursue small claims court?

It would be a few months.

It would cost less than a $100 but you would get a court order for that as well as you will win in court and so the costs would have to be paid by the cottage owner.
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