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Thread started 12/17/08 7:25pm

meow85

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well, i'm pissed off

I moved out of my apartment half a month ago. My last day as a tenant was December 1st, though I actually moved out November 30th.

So, as per my rental agreement and the Residential Tenancy Act, either the resident manager or the landlord company must give me back my damage deposit at least 15 days after my tenancy has ended. It's 7:15 pm on the 17th, and I don't have a cheque in my hot little hands.

I spoke to the resident manager on the 11th, asking when I could expect my damage deposit and he swore he'd come to my new address (which he does know) in person to give it to me. Monday rolled by, and I didn't hear from him. Not even a phone call. I tried calling his cell around 8:30 pm that day, but his phone was turned off. And it has been every time I've tried to call since then.

I called the RTO to see what I should do, and was told to file a complaint/dispute form online. But, like a lot of government websites, the layout and wording is confusing as fuck and I can't figure out where to find the link I need. sigh

I've put in writing my version of events including dates and times in case anyone needs to see it, but is there anything else I can do? Legally I can now ask for double the amount of the damage deposit since the deadline's passed, which I intend to do.

Is there anyone on here who's better at navigating Canadian government websites than I am that could help me out? Or have any idea which form or link I need to be looking for? I really need this money, as I don't get paid next until after Christmas.

neutral
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Reply #1 posted 12/17/08 7:58pm

EmeraldSkies

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I could give a try. Where is the site I would be looking on?
Music washes away from the soul the dust of everyday life. ~Berthold Auerbach
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Reply #2 posted 12/17/08 8:35pm

meow85

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EmeraldSkies said:

I could give a try. Where is the site I would be looking on?

www.rto.gov.bc.ca
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Reply #3 posted 12/17/08 8:48pm

missmad

1.2.2 When does the tenant get the security deposit and pet deposit back?

Unless the landlord has the tenant's written consent to keep all or part of a deposit or has an outstanding dispute resolution officer's order that can be applied against the deposit, the landlord must return the deposit plus interest within 15 days after the tenancy ends, or apply for dispute resolution with the Residential Tenancy Branch to make a claim against the deposit. The 15 day period commences when the tenancy ends or the tenant provides a forwarding address in writing, whichever is later.

Landlords' claims for damages and a tenant's right to the return of the security deposit are affected by the completion of a Condition Inspection Report at the start and end of the tenancy. Claims for damages can be made regardless of completion of a Condition Inspection Report.

Security deposits paid to landlords on or before December 31, 2003 may be retained until the end of the tenancy; however, a landlord who does not return or file a claim against the deposit at the end of the tenancy may be required to pay the tenant double the amount of the deposit.

is that what u r looking 4
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Reply #4 posted 12/17/08 8:51pm

meow85

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missmad said:

1.2.2 When does the tenant get the security deposit and pet deposit back?

Unless the landlord has the tenant's written consent to keep all or part of a deposit or has an outstanding dispute resolution officer's order that can be applied against the deposit, the landlord must return the deposit plus interest within 15 days after the tenancy ends, or apply for dispute resolution with the Residential Tenancy Branch to make a claim against the deposit. The 15 day period commences when the tenancy ends or the tenant provides a forwarding address in writing, whichever is later.

Landlords' claims for damages and a tenant's right to the return of the security deposit are affected by the completion of a Condition Inspection Report at the start and end of the tenancy. Claims for damages can be made regardless of completion of a Condition Inspection Report.

Security deposits paid to landlords on or before December 31, 2003 may be retained until the end of the tenancy; however, a landlord who does not return or file a claim against the deposit at the end of the tenancy may be required to pay the tenant double the amount of the deposit.

is that what u r looking 4


Oh, that I already know. But thansk for finding it for me.

What I need to know is what to do about a landlord failing to return the DD after the 15 day period is up, and whose phone has been shut off for days so I can't contact him. The person I spoke to from RTO said there should be a form on the website, but didn't make it clear which I'm supposed to be looking for.
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Reply #5 posted 12/17/08 9:02pm

missmad

meow85 said:

missmad said:

1.2.2 When does the tenant get the security deposit and pet deposit back?

Unless the landlord has the tenant's written consent to keep all or part of a deposit or has an outstanding dispute resolution officer's order that can be applied against the deposit, the landlord must return the deposit plus interest within 15 days after the tenancy ends, or apply for dispute resolution with the Residential Tenancy Branch to make a claim against the deposit. The 15 day period commences when the tenancy ends or the tenant provides a forwarding address in writing, whichever is later.

Landlords' claims for damages and a tenant's right to the return of the security deposit are affected by the completion of a Condition Inspection Report at the start and end of the tenancy. Claims for damages can be made regardless of completion of a Condition Inspection Report.

Security deposits paid to landlords on or before December 31, 2003 may be retained until the end of the tenancy; however, a landlord who does not return or file a claim against the deposit at the end of the tenancy may be required to pay the tenant double the amount of the deposit.

is that what u r looking 4


Oh, that I already know. But thansk for finding it for me.

What I need to know is what to do about a landlord failing to return the DD after the 15 day period is up, and whose phone has been shut off for days so I can't contact him. The person I spoke to from RTO said there should be a form on the website, but didn't make it clear which I'm supposed to be looking for.



try going to forms and fees
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Reply #6 posted 12/17/08 9:42pm

EmeraldSkies

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meow85 said:

EmeraldSkies said:

I could give a try. Where is the site I would be looking on?

www.rto.gov.bc.ca


Would'nt this be it?

http://www.rto.gov.bc.ca/...B-12-T.pdf
Music washes away from the soul the dust of everyday life. ~Berthold Auerbach
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Reply #7 posted 12/17/08 10:01pm

meow85

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EmeraldSkies said:


hmmm That might be it.

Thanks!
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Reply #8 posted 12/17/08 10:03pm

EmeraldSkies

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meow85 said:

EmeraldSkies said:


hmmm That might be it.

Thanks!


Glad to help! smile
Music washes away from the soul the dust of everyday life. ~Berthold Auerbach
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