What is owed back to her? 5152. I called the landlord and tenant board they said that because we never took possession of the keys we never became tenants. The action you take against your landlord will depend on whether your deposit is protected in a tenancy deposit scheme (TDP) - most deposits should be. Moreover, the key deposit must be returned when the key is returned (it can't be applied against damages other than a lost key), and he must provide interest on the last month's rent for the time he has held it. Probably not but it depends on the exact circumstances. I do not have this insurance and I am not able to move into the apartment without said insurance so is future tenancy created in this case? I paid my first and last when I moved in a couple months ago, I had to leave on short notice (only found out a couple weeks ago) so I’ve paid this month out of pocket. Facebook. Section 107 of the Act provides for the return of the deposit where possession “is not given” to the tenant i.e. We will still need first and last for a new place and apologized to this landlord whom we paid already for the inconvenience we have caused however, this was still PRIOR to Feb 1 the move in date and PRIOR to us signing any lease. It took another 6 months to rent that place yes we kept the deposit of course but honestly it didn’t cover the utilities for 6 months. Thank you. So, I immediately moved out there just next morning. A landlord can keep a security deposit with the tenant’s written agreement. She paid first and last month’s rent. You can tell your landlord to use your deposit, plus any interest your landlord owes you, for that final rent payment. People have to act in good faith, both landlords & tenants. After April 1, 2018, most Ontario landlords are required to use the Residential Tenancy Agreement, or Standard Form of Lease, a standardized lease which outlines landlord and tenant rights under the RTA. The cheques were current dated. Is this okay? Secondly, a landlord can make deductions from a security deposit if there are damages beyond normal wear and tear on the premises (assuming that the landlord did a proper move-in and move-out inspection). I’m pretty sure considering you are already involved with some legal issues that you should consult a paralegal or the Landlord’s self help center. Then went and tried to get their money back at 4 of them? The lease expired Aug 31st, 2014 and I've tried contacting my landlords multiple times. When you move out, the landlord has a finite amount of time to inspect the apartment for damages and to get estimates on what it will take to make repairs. Thanks Bahjat b.chaaraoui@icloud.com. As the lease has been signed and last month has been provided are we able to keep the LMR to recover losses due to having to market the rental again so close to move in date? The Landlord and Tenant Board (LTB) resolves: disputes between residential landlords and tenants; eviction applications filed by non-profit housing co-operatives; The LTB also provides information about its practices and procedures and the rights and responsibilities of landlords and tenants under the Residential Tenancies Act. However, now he wants to come back to the apartment for a little longer. Why does he have to rely on the fact that the provision is probably invalid? An agreement was made that if a new tenant could be found for the occupancy date then yes her money would be refunded. sorry forgot to mention it is for a rental home. If he doesn't, a judge will point him in the right direction. The last month’s rent is really just … The leased space may also have to pass the landlord’s inspection if the lease requires you to return the property in its original condition (prior to any improvements or alterations you made). Are there any legal repercussions. Returning Deposits. WATERLOO REGION - A Waterloo landlord and property manager have been fined a total of $5,250 for not refunding $200 key deposits charged to six tenants who moved out. Hello. They lived as filthy as ever in the unit plus wouldn’t listen to anything I asked them to do as per my unit requirements rather they complained to tenant board that I was harassing them. Would you rather have a world where tenants can just ask for their money back for what ever reason they decide? Thank you for your help. I gave a speech yesterday about Rent Deposits – Risks & Benefits and now I’m going to write down a summary of what I said. My rental application has been approved, no lease agreement has been signed and no possession has been turned over. Every month there were a few lost deposits. I am so angry all the situation. Since she cashed the last months cheque can she make me stay another month? The landlord increased your rent without giving you a written 90-day notice. By 1st of march when I moved out, someone else moved in. Contract Law. LATEST: Landlords do not have to return deposits for ongoing tenancies signed BEFORE June 1st last year. However, this deposit cannot be a security deposit (as these are not allowed in Ontario). I paid the money order for first and last month did the application . Me and my sister are working with an agent to help find us a place she has told us we cannot apply to let’s say 3 places at once to see if we get one and that once we apply for a place we cannot back out if we get it. Your landlord can also charge you a fee if you write a cheque and do not have enough money in your bank account. Tenant still insisting last month rent to be returned and threatened to contact LTB on me because of unfair practice. If you’re a landlord that wants to avoid this whole process or doesn’t want it to happen again, there are ways to avoid it and give your renters a deposit return. I have told him on September 20th 2016 that we are not moving in. Most people, including prospective tenants, do get very upset if they feel that they have been taken advantage of or have been urged into a situation that they didn’t understand. When i was leaving i asked him for my money back and he told to come back later that day, but because i work evening shift i told him i will go there the next day. When the landlord refuses (because no signed lease), he has to refund the deposits. I let my landlord know at the beginning of November, and she has now signed a new lease with someone starting Jan.1. Beside owing 6 years interest on the rent deposit do I have to return the rent deposit on such short notice? The primary reason to take rental deposits is to get a commitment from the potential tenant during the application process. If you didn't get your deposit back that way, ask your landlord to return it. deposit. The Landlord & Tenant Board is a quasi judicial tribunal, what this means is that the adjudicator has broad powers to interpret the Residential Tenancies Act. Ontario. This is sometimes called a tenancy agreement, a lease, or a rental agreement.A tenancy agreement is a legal contract between you and your landlord. If I were obliged to sign ANY lease the landlord put in front of me, why bother having an application and a lease? They now say they can’t move in just yet (they don’t have the money for January’s rent) and may not be able to until February or later. In short, I paid 2 months room fees including deposit. my tenant wants to terminate a year long lease agreement after four months .Is it my obligation to return his last month rent deposit? Tenant signed the lease and provided last month rent. We unfortunately read some unfavourable things about our building and backed out 24hrs later. The landlord could just guess how many people were going to feel like moving in on the first? Security deposits are not allowed in Ontario. Can a tenant hold the keys until the landlord returns the security deposit? I didn’t realize a tenancy was created without the lease. Are we out the last months rent even though we never had a lease or is she obligated to refund it to us ? In Ontario, you are only allowed to collect deposits for residential tenants for Last month’s rent and a refundable key deposits. They have to give you 60 days notice and they have to allow you access to show the unit when people want to see it. The tenant repeatedly requested return of the security deposit (security deposit refund), and the landlord stated that it was being processed. Hi, if tenant has given 60 days notice (so lease technically till end of Sept.), but has moved out earlier in mid-August he obviously forfeits the remaining rent money (i.e. Pinterest. Tenants who value their housing want to get their housing as early in the process as possible. The apartment is not ready for me to move in on the due date. I’m really grateful for the invitation from Durham REI I had never been there and did not know what to expect but it was more of an informal group which was nice, friendly, no one selling stuff. I had a sublet living there in the summer till the end of the lease. Now they are telling us that if they can’t rent the apartment for March 1 we won’t get all of our money back. Lesson here people is stop giving deposits until you are rock solid certain you want the unit…. But they said they will do me a favour so I can find another Tenant and move out on Sept 24-25 a week early. The landlord did not do her diligence to know the information about her building, I would have never agreed to the 12 month if that was made clear up front. Had to pay the city extra to pickup the garbage they left curb side. The landlord has 10 days to deliver a statement of account with a cheque for the security deposit (if there is money owing after any deductions) to the tenant.. “Deliver” means the landlord must put the statement in the mail within 10 days of the tenant moving out. The rent deposit is to be for one month's rent or the rent for one rental period, whichever is less. Seven months later, the landlord returned only $1,202 and claimed that the remaining $14,780 had been applied to remedy damages in the condition of the space and would not be returned. Except where…Divisional Court has made rulings. The Court held that the wording of section 107 is a fair result where a landlord is unable or unwilling to provide possession. I asked the lawyer from the legal clinic, he said that I may lose the deposit, and he sent an email to the landlord and getting an answer of the house has no problem. My credit check came positive and so I paid my deposit of $799 to property manager. But if the lease hasn’t been signed yet, what legal right does the landlord have to keep the deposit if the tenant, in good faith, and with a reason that is not arbitrary, does not agree to certain provisions of the proposed lease? The last month has been paid and applied to my last month. They did not call me for once before taking decision on their own. Still 15 days to go. See Violations of the Law. Small Claims Court: Guide to Making a Claim, Tenant Application for a Rebate of Money the Landlord Owes FORM T1, Terms and Conditions for Embedding Content. One of the parents have spoken to the landlord and has let us out of our lease, but won’t give us our money back. As a person you can’t go around giving people deposits for ANYTHING and expect to get them back. Some states require compliance in as few as 14 days, while others allow landlords 60 days to return your deposit. Your agent is right. Hard to say without knowing if the hydro bill was in your name or not. I signed a lease for a house I am going to move in on September 1st. Generally, you won’t be responsible for normal wear and tear on … The landlord can make the repairs, but can charge for the supplies and reasonable service charges, when compared to what similar service professionals would charge. If a tenant does not return the keys the landlord may charge for changing the locks and in some cases, charge rent for each day the tenant has the keys. 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