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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100003
Experience:  Lawyer
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Am Tenant living in Fort McMurray, I am living in Apartment

Customer Question

Hi, am Tenant living in Fort McMurray, I am living in Apartment that is infestation of cockroaches and small insects that Boardwalk Reit Limited Partnership by its Managment Partner, Boardwalk, Real Estate Managment Ltd. Ph #***-***-****. I have been here since the Wild Fire force me out of my place in Sandpiper place in Fort McMurray. My Job had moved me to Edmonton where I was living in Apartment with Boardwalk. Then, moved/Tranfer my lease to Fort McMurray. I didn't have to pay for the D/D. Because of the Wild Fire incident in May, 2016. Now, I want to move out and they are taking D/D $1000.00 because break of lease charge is that about. My rent is $1449.00. I would like to know if I am able to get my D/D. back. I can be reached at(###) ###-####
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

Did you send a letter to the landlord in writing about this infestation?

Customer: replied 9 months ago.
They complete 2 fumagation and still there are cockroch in apartment. I had to wash all my clothes again and decided to move out plus this apartment building is old at least 20 or more years old. Very hot and my fan running 24 hours
Expert:  Debra replied 9 months ago.

They do not have the right to keep your damage deposit if there is no damage.

But you don't have the right to leave the apartment early unless you have given them chances to rectify the problem.

If you gave up after they did what the should do then a court may say you did not have a right to break the lease.

So if you can prove that they refused to do more then you would likely be able to sue them successfully for the damage deposit and they will not be able to successfully sue for breaking the lease.

What I suggest you do is pay a lawyer a small fee to send one letter threatening a lawsuit and my guess is that will work.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?

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