Old room mate trying to screw me over

[st184]

Hey guys. I recently moved out of an apartment I was subletting from a renter in Edmonton. I ended up quitting a really good job I had up there and moving home because my mom was recently diagnosed with end stage lung cancer and I want to spend the rest of the time she has with my family.

My room mate had no problems with me moving out with 30 days of notice and said she would get the new renter to pay me their damage deposit back. Now fast forward to today... I've tried contacting her multiple times and no response to phone calls or text messages. I'm blown away that she would take advantage of someone that's going through what I am. I'm curious if beyond has any suggestions as to what I can do to get this damage deposit back? The room I was staying in is EXACTLY the same as when I moved in and I was an extremely quiet room mate.

[403Gemini]

I dont mean to sound like a dick, I truly empathize with your situation, but you did break the lease by leaving early and aren't really entitled to the damage deposit back.

I understand there was a verbal agreement, but that's difficult to prove so you may be SOL.

I could be wrong though... :dunno:

Sorry about your situation though :(

[kvg]

I would just walk away from the deposit, you have better things to concentrate on right now. I hope your mom enjoys the time she has left.

[canadian booster]

if nothing was signed in advance (aka: lease agreement) then legally it's a month to month situation, which, is 30 days notice from the first to the first of a month.

apart from that, it's a dick move on her part, and in all honesty she probably spent the DD the second you gave it to her, and she doesn't have it saved away for you, as is also legally required.

lotta holes here, are you still Edmonton? Or did you move to Calgary? only way i see is to round up the troops and go pay her a visit, OR, call the RTDRS (it's free). Residential Tenancy Dispute Resolution Service.. i've used them before, it's a hassle, but i won and my landlord has my DD removed from his bank account and given to me by the courts.

RTDRS : http://www.servicealberta.ca/rtdrs/

[st184]

There was no lease agreement signed and I moved out and she moved someone in before my 30 days of final rent was up. I'll try that RTDRS service Canadian, thank you very much!

[JBreaks]

If there was no documentation and you paid in cash, you never really lived there.

[swak]

Don't mean to hijack, but ill be moving to winnipeg next week - and everything between me and landlord is verbal and a handshake. I pay him cash, I ge the apt.

Should I be watching my back somewhere here? If/what should I get in writing?


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But you are legally entitled to your damage deposit back - money was paid for "x" if "y and z" happened. "Y and z" didn't happen so you get "x" back.

[403Gemini]

Lease agreements typically protect both the leaser and the tenant, so I'd recommend it. Just makes sure you're both clear of expectations and I believe it's a legal obligation to people who claim with the government for renting out properties as a type of income. (again I'm not 100% sure...)

[HiTempguy1]

Originally posted by swak

But you are legally entitled to your damage deposit back - money was paid for "x" if "y and z" happened. "Y and z" didn't happen so you get "x" back.

Ding. Of course, with no paper trail, how can you prove you gave a deposit? AFAIK, a damage deposit should not be withheld for anything besides damage (of course, good luck getting it back!)

And yes, not have a signed lease is a recipe for trouble. Even a basic statement of tenancy, rental payment agreement, and any rules to be followed (such as no smoking) should be in it.

[ercchry]

this isnt a rental agreement. he was sub-leasing. so his "landlord" lived in the apt with him... so a true roommate situation. which gives him 0 rights.

its too late now. but when you gave notice you should have also stated that your dd would be going towards the last month's rent.

[FraserB]

Old roommate might be in violation of her lease if she is subletting the place. Ask her once more for the DD, then complain to her landlord. You wont get him to pay, but it should make it interesting for her.

[403Gemini]

Originally posted by FraserB
Old roommate might be in violation of her lease if she is subletting the place. Ask her once more for the DD, then complain to her landlord. You wont get him to pay, but it should make it interesting for her.

That's what I was thinking, a lot of residential lease agreements dont allow subletting, that's usually commercial leases.

[kaput]

.

[Stunt66]

Originally posted by swak
Don't mean to hijack, but ill be moving to winnipeg next week - and everything between me and landlord is verbal and a handshake. I pay him cash, I ge the apt.

Should I be watching my back somewhere here? If/what should I get in writing?


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I don't see anything wrong there, this is the old days after all. All a man has is his word.


Sorry to hear about your mom op.

[Spoons]

Originally posted by swak
Don't mean to hijack, but ill be moving to winnipeg next week - and everything between me and landlord is verbal and a handshake. I pay him cash, I ge the apt.

Should I be watching my back somewhere here? If/what should I get in writing?


---------

But you are legally entitled to your damage deposit back - money was paid for "x" if "y and z" happened. "Y and z" didn't happen so you get "x" back.

Is he asking for a DD?

My landlord in Squamish was awesome. I rolled into town at 1am (didn't have a place to stay or anything like that, I was going to live in my car till I found somewhere).

I'm driving around checking the area out and see a sign "Room for rent" and figured I'd check it out the next day. I look closer and there is people outside on the deck drinking. I walk up and ask if the owner is there. He was and told him I was looking at renting the room.

He asked when, I said now. He asked if I had 400, handed him the first months rent. Done and done. No deposit and I had a furnished room for 400/mo.

I miss Squamish :cry:

[swak]

Nice man!

Yeah, he did ask for a DD, its paid already - hes a pretty rad guy though, i guess i'll get that in writing.

[dexlargo]

Originally posted by swak
Nice man!

Yeah, he did ask for a DD, its paid already - hes a pretty rad guy though, i guess i'll get that in writing. Don't know about Manitoba law, but here the landlord must provide a copy of the rental agreement/lease agreement and give you a copy of the move-in walkthrough or they aren't allowed to retain any of the damage deposit - even if there's damage.

That said, if you don't want to bother with getting everything formalized, at least get a receipt from him for any money given.

And whoever said damage deposits can only be used for damage - technically that's true, but if there's rent owing (or something like that) and the landlord takes it out of the damage deposit, the courts will not quarrel with that because the second you sue for the return of the damage deposit, the landlord countersues for the owing rent (or whatever) and the court just nets it out.