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We were not returned significant (over 5000$) damage deposit…

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We were not returned significant...
We were not returned significant (over 5000$) damage deposit for 6 months. Property was rented with a purpose of running Short Term Rentals, with owners approval included in the lease (talking 2017 when airbnb wasn't legal in Vancouver). Owners representative wanted us to pay wildly overpriced fixes of the house (multiple times requested detailed copy of the invoice was not presented to us), and utilities for which there was no proofs (we were provided 1 bill, and 1 copy of the bank statement with the bank accounts charge for hydro). Case was postponed by the representative multiple times, under excuse of 'owner being away', and another occasion of 'owner being away for Chinese New Years' etc. Emails outlining importance of deposit return for urge of current business investment were, as many other emails, frequently ignored. Neither during receiving, nor returning property there was a Condition Inspection Report carried. During receiving property however, since property came furnished with pricey, antiques a book of photographs of all the contents of the house was commenced. Property was returned in exactly the same way, staged, photos were recreated. 4 people working for the owner were impressed about houses condition, staging and congratulated us on a great job. There are many witnesses on our side too. City representatives came to check on property too (it's a heritage house) and were very satisfied. Despite lack of the Inspection Report we were willing to pay for reasonable fixes, after receiving proofs of the charges. But after 6 months we've given up. Once we've sent representative email outlining few of BC regulations, with attached forwarding address (on the 8th of May), we received 3 different emails asking us for forwarding address. Eventually, without responding to that (not providing the address again) we were told 'that we will send check tomorrow'. Implying that representative have seen forwarding address overall. Our mistake is that the 'forwarding address' was delivered not in writing but via email instead. We think we're entitled to double the damage deposit. But since long unjustified wait took so absurdly long we could have missed out on lucrative business opportunity (we were short on some funds for a lucrative investment, owed money wouldn't solve it but would help, we have emails proving so). Is that enough of a case to sue for damages? Furthermore there is few other matters qualifying for losses: frequent issues with hot water (detrimental to our business), 3 of the bathtubs jets broke and weren't fixed through out the whole lease, there were cameras in the house we weren't told of (not hidden, yet we didn't knew that they were working). We have kept all the email communication, that is very meditative, polite and reasonable on our end, and disrespectful, threatening, postponing things and not cooperative on their end. Those emails will make most of the case. Assuming there is enough of the case for double the damage deposit (is there?), is there enough of a case to claim for more damages?
Submitted: 2 months ago.Category: Canada Law
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Answered in 5 hours by:
5/30/2018
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,961
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear of this difficult situation.

How much was the monthly rent?

Were there inspections when you moved in and when you moved out?

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Customer reply replied 2 months ago
Hello Debra, how are you?
Yes there were. As described we received book with photos of the property and all of the contents, and we have recreated photos when moving out. It wasn't however proper BC condition inspection report.
Lawyer: Debra, Lawyer replied 2 months ago

But your taking photos is not an inspection. Are you saying that no one walked through the property with you?

And how is it that the security deposit was this high? What rent did you pay?

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Customer reply replied 2 months ago
It wasn't us who took the photos. The whole book of the contents was prepared by owners representative. We checked on it. And did walk around property with representative both when receiving property as well as returning it. We recreated photos when returning property. Every single pillow, blanket candle were as they were when we got the house.
Most of the charges were reported to us after moving out and after initial checks.
It's luxury heritage property in Shaughnessy that we rented for $11400.
Lawyer: Debra, Lawyer replied 2 months ago

And while you walked through the premises were you ever told by the representative that anything at all was wrong?

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Customer reply replied 2 months ago
we pointed out the things we knew of, they point out some like loose screws of a door handle etc. Few days after the move out and walk through, we were emailed about broken Jacuzzi cushions for instance. Also 'document' with all the charges includes reinstaling blinds (they were working, just weren't coordinated, not sure if it was us who decoordinated them or did they came like that (I think they were like that from the start). 'Document' that is outlining all the charges, as well amounts of the media bills is hand written, in actually very sloppy way, and our multiple requests for official copies were multiple times ignored. It's been 6 months since move out, and over 15 days since mailing them our forwarding address.
Lawyer: Debra, Lawyer replied 2 months ago

I suggest that you send them a letter by registered mail. In the letter set out the facts. Give them a deadline that you set that is very short to repay you in full unless they provide clear proof of what they had to pay for that goes beyond regular wear and tear. Tell them if they fail to comply you will commence legal proceedings and then will be seeking interest and your costs.

You can then sue them in Small Claims Court and self-represent. 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.

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.

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Customer reply replied 2 months ago
Debra,We have done what you're suggesting, but any factual writings (however in email) are being ignored. It's as if speaking to someone deaf. They keep ignoring whatever we write.
We're past the point of negotiating with them. Right now, we would like to know if we're ELIGIBLE DOUBLE THE DEPOSIT along with BC tenancy regulations, and whether on top of that there is enough of the case to sue them for further damages.
Customer reply replied 2 months ago
are you familiar with BC tenancy laws? There is a an arbitrary function in here, that suppose to deal only with tenancy matters...
Lawyer: Debra, Lawyer replied 2 months ago

I am a lawyer in Canada and I know that you can use the dispute resolution services and you can call them. But they are not always as helpful when you've moved out and it's been over 6 months. I believe they will say you are too late and you need to resort to the courts.

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