Landlord Damage Deposit Options

[TVG]

So I moved into a place in September, and the previous tenant has not received his DD back yet. The landlords have not came in to look at anything. I'm asking ahead of time, because I'm sure they are going to try and screw me over when I move out too. The main problem is, there IS damage here, but I have no way of proving it was like this when I moved in (my bad I know). Even if they tried to nail the damage on the old tenant, which they would be unfairly doing, because they haven't actually been inside to see anything, they shouldn't be allowed to nail him, not fix it, and nail the next person too. What can I do about this besides sue, and if I did sue would I even stand a chance without proof?

[S4maniac]

The landlord cannot charge any damage to the previous tenant. There is no proof they made the damage. But dont worry about them, its not your problem.

It is in your best interest to do your own move-in report. Just write down on paper all the damage and date/sign it. Maybe even get it witnessed. Then give a copy to the landlord. No court in the land would side with a landlord in the event he claims damages on you without doing a report.

[eina15]

According to the Residential Tenancies Act, the landlords have to do a walk-in report with you when you move in - its your right, for exactly this reason! If they haven't done one, I agree with S4maniac - write up your own, and maybe even take pics.

He won't be able to charge you for damages if he can't prove the condition when you moved in.

[D. Dub]

You're pretty much hooped.

You've been in the property for three months and any of the damage could now be attributed to you

-- not a lot you can do now other than hope the landlord treats you fairly.

[BerserkerCatSplat]

Originally posted by D. Dub
You're pretty much hooped.

You've been in the property for three months and any of the damage could now be attributed to you

-- not a lot you can do now other than hope the landlord treats you fairly.

If the landlord did not do a move out/move-in inspection, he cannot prove they did the damage. He didn't take the responsibility, he gets to live with the consequences.

Tnspection report

19(1) A landlord and tenant shall inspect the residential premises within one week before or after a tenant takes possession of the residential premises, and the landlord shall, forthwith on completion of the inspection, provide the tenant with a report of the inspection that describes the condition of the premises.

(2) A landlord and tenant shall inspect the residential premises within one week before or after the tenant gives up possession of the residential premises and the landlord shall, forthwith on completion of the inspection, provide the tenant with a report of the inspection that describes the condition of the premises.

(3) A landlord may complete the inspection without the tenant if the landlord proposes 2 inspections to take place

(a) on different days,

(b) on days that are not holidays, and

(c) between 8 a.m. and 8 p.m.,

and no adult person who falls within the definition of tenant agrees to take part.

(4) For the purposes of subsection (3) the landlord may propose alternative inspection times, with the inspection to take place on the 2nd date and time if it does not proceed on the first date and time.

(5) A report must contain the prescribed statements and be signed in accordance with the regulations.

(6) A landlord shall

(a) keep a copy of an inspection report prepared under this section for at least 3 years after the termination of the tenancy, and

(b) make the inspection report available for inspection by the Director or an authorized person for the purposes of an inspection or investigation under Part 6.

[S4maniac]

Originally posted by D. Dub
You're pretty much hooped.

You've been in the property for three months and any of the damage could now be attributed to you

-- not a lot you can do now other than hope the landlord treats you fairly.

Actually its the other way around ... the landlord better hope he doesn't trash the place and say it was like that when he moved in.

Its not called the Residential Landlord Act. The tenant has the benefit of the doubt until proven guilty and without a move-in report the landlord doesn't have any proof of who caused what.

[Toma]

Ahhh, but you gotta be careful... its your word against his.

As stated, do a report NOW, take pictures, and have it witnessed.

Though a landlord is required to do a report, he can claim he did, and claim you refused to sign....

Just cover your ass, and if withhods, take him to court, and he will pay. If you still know/have contact with the old tenant, see if he will sign your report as well confirming the condition of the place....

[D. Dub]

I stand corrected. But Toma makes a good point