Rental Property Question

[joyridder]

Hopefully I have posted this in the right section...

Here is my problem:


Today I was supposed to move into a new place that I had rented. The problem I am having is that the landlord did not hold up to his end of the bargain. so here is the basic rundown....
On Thursday of last week I gave my new landlord a chq for the rent/damage totalling $1250, and we had made arrangements to meet so that the lease and the keys would be dropped off to me so that I could move on Sunday. The only concern of mine was that we did not do a walk though before he gave me the lease. He promised that he would clean the carpets and also have the place cleaned for when I moved in. Friday during the day he had cleaned the carpets, and also left a copy of the walk-through inspection report for me to look at/ add too. We had agreed that we would meet on Monday so that I could give him the signed lease back. Well today I go to move in and I noticed lots of things that were wrong Like:
1. Carpets were dirty - huge stains, stunk...
2. Walls were very dirty ie, scuff marks, hand prints, (really bad)
3. Smelled musty
4. Laundry area - tenant upstairs was doing laundry and I noticed the pipes were leaking with soapy water.

He told me that I was entitled to pay some sort of penalty ie, the difference of funds until he was able to rent it out to someone else. So if it took a week for him to find new tenant than he would deduct the difference off my damage ($625). My question is that should I put a stop payment of the chq that I gave him originally? What if any legalities may I face? bear in mind that I did not sign the lease nor agree to anything on paper. Can he legally deduct funds for lost revenue to the property?

hope this all makes sense and I appreciate any input any of you may have....

Thanks

[88CRXGUY]

This is a link to the landlord tendant act..This should be of some help...

http://www3.gov.ab.ca/gs/information...ord/#Tipsheets

From what I know he isn't allowed to decut anything from your DD because he needed to find something else. Thats like him saying he's taking money out of your damage deposit for someone else damaging the place before you moved in. Its his responsibity to pay for those things, not you..

[shawtie]

I would cancel the check and just pay him cash for the time you are there!! that way he cant come up with something else and you end up with no money coming back....

sounds so familiar!!!
is his name Sam?? lol

[The_1]

put a stop payment on your cheque ASAP
you did not sign any lease agreement so you should be fine

[joyridder]

thanks! I am meeting him tomorrow to give him back the keys and the un-signed lease. I think my best bet is too cancel the chq asap, and agree to pay him something for the loss. My only fear is that it is though a property company, and not just some random person. Well hopefully it goes my way....:

[shawtie]

Yes cancel it right away, you'll do fine

[JAYMEZ]

Cancel the check , and you dont have to pay anything at all. He broke his agreement , its his fault.

[joyridder]

Well I cancelled my chq this am, bank says that I am fine!! So a lot of "stress" relief that is for sure....thanks again for the advice

[shawtie]

Right on! like Jaymez said they broke the agreement and if you arnt going to be moving in they shouldnt be getting anything from you!! so stand your ground.

[joyridder]

This could get interesting:
The Guy calls me and arranges a time to meet to get the keys from me and explains that he has given me a chq for $625, and has kept the other $625 (reason explained in orig post). he also states that he has ppl already interested in the place. Well little does he know that my chq has been cancelled. So I will have to tell him what I did, and explain my reasons for canceling it...Well like I said this could get interesting....

[snowboard]

"hey i cancelled the check, you didnt follow through with your end of the bargain, the place was a pig stie(sp), sorry"

"bla bla bla ill take you to court give me my 625, you owe me"

"suck my dick fuck face, you broke the agreement, so in turn, so did i"


should be something along the lines of that. haha.

[joyridder]

ahaha that would go really well...
I need to apparently prepare by "bitch" face for it...lol

[shawtie]

Hahaha its his fault he didnt clean the place up like he said he would and if your not moving in he can just kiss your ass, dont give him a penny.......if he has other people interested in the place good for him but do not give him the $625 no matter what he says!!!

Definatly go with the bitch face!! lol

[snowboard]

If hes gunna pull bullshit on you, and jerk you around, just try being nice about it, "i cancelled it, sorry" etc, and if he starts being a dick, have at er.

[joyridder]

lol...yah well regardless I'm nervous to shit about it....what can he do now...nothing, so I will update after 1230 I suppose!