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How to get my damage full deposit back?
we live under the The Residential Tenancy Branch of BC http://www.rto.gov.bc.ca/
we followed all the regulations and standers to get our full damage deposit back. We got $300 in the mail (only half the deposit) and when we called him he gave us a list of reasons why we only got half back. All of the reasons were either there before we moved in (in the move in walk through) or normal wear and tear. The office is closed till Monday but I wondering if anyone knew what are options are to get are money back? and if there is a way we can get his right to be a landlord taking away if that is possible.
Oh the only thing we did was cut a dollar store lock off the garage because we lost the key so there is $5 he can keep
The rtc are helping us charge him $1250 ($50 for the rtc's charge, 600 for the damage deposit and 600 because we did not receive any payment or him disputing to keep some of the money before the due date). Answers in the category seem to be *** backwards we are the defenders he is the prosecutor. The money is ours in the first place, a deposit not a payment, if he wants to go around the house saying I'm taking 100$ off for this scratch and 100$ for this piece of dirt he is the one that needs the proof it wasn't there before and its more then wear and tear.
2 Answers
- alicialionsLv 79 years agoFavorite Answer
Your options to get your money back should have been invoked prior to you moving out.
If you read the residential tenency act you will know that right before you move any items in you and the landlord should do a pre inspection walk through and document any and all damages or lack of cleanliness that exists and any problems or broken items that need fixing and get the landlord to arrange to get those fixed. taking photos is a good idea if you can...with the date'time stamp set. then as soon as everything is moved out at move out, you do a walk through with the landlord again and again document everything and compare to the original walkthrough. photos again are a good idea if you can. at that time you will have a chance to rectify any problems or accept that it is something that will be charged for. you do not move out and then wait for money to arrive in the mail.
since you did it this way and were not proactive in protecting your own money, you will have to accept what you got or sue...but if you have nothing to prove the condition you lefts things in you will likely be out of luck. although a landlord is by law supposed to document to you what he/she is charging for and even provide copies of reciepts if necesary.
spend some time reading the act...then be proactive in your own best interest in all future rental situations...although i would guess you are probably in another rental situation and did not do a walk through there either...make sure you do one when you move out.
- ?Lv 59 years ago
It's on you to prove that the issues he is charging you for were there before you moved in. You need hard evidence, eg photos, written accounts. Even if you sue, you are unlikely to be able to collect, if small claims suits in Canada are anything like they are in the USA. Forget it and move on and be more careful next time.
