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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100488
Experience:  Lawyer
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My past landlord has kept the damage deposit and that is

Customer Question

Hi my past landlord has kept the damage deposit and that is his right but he is going after us for an extra 5000 can he do this
there was some damage done to a wall but nothing majior
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear this. Yes, you would owe more than the damage deposit if you caused more damage. So, he can sue you but he has to prove that you caused more damages. If he cannot prove that then he will not succeed. If you took pictures of what the unit looked like before you left or when you moved in then that will help. If necessary you can also bring witnesses to testify on your behalf. Also, the landlord is not entitled to brand new items. For example, if there is damage to one wall that does not mean that the entire room gets to be repainted. The court would also consider how old the unit is and what regular tear would be expected for this age of the unit. Let me know if you need any further clarification.

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