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Q: I would like some advice on a issue i have with my old landlord.

We moved into a townhouse and there was never a condition inspection report. During the last couple of months the entire complex had major flooding. Sewage backup lights leaking and window leaking from roof. We decided we were gonna move out when this happened. We gave our 1 months notice and paid last rent. We have had 3 landlords during this time and the second landlord left after flood and we had no indication about when it was going to be cleaned up. After about a month after flood and during this time we had no contact from the owner nor landlord we were under the impression we had none because there number was ever updated

we had a company enter our unit without permission or notice and started to rip out the floor board in the basement, We attempted to clean up the mess in the basement cause we had our belonging in there but when they entered the threw our stuff away from the walls and now there was a sewage heap of what used to be our stuff, To top it all off the left our basement window open and our cats got out. They should of known we had cats cause they moved the litter box away from the door. I then posted on my door that i dont want people illegally entering my unit and it had my number on it to contact me. No one contacted me.

We then moved out on the 31 cleaned what we could and left. We stated we were entitled to our damage deposit but the owner is now refusing it stating he has receipts of renovations and that we wreaked the place. He then proceeded 1 day after our move out to make a move out inspection date. He never gave us a chance to get a proper date instead he said too bad if we cannot make it. I reluctantly went for the move out inspection only to find that not what he wanted at all instead the entire time he threatened to sue us and blamed the carpet smelling on us even though the water from the lights and window leaked all over it and it smelt terrible. He said we were responsible for the light leaking and window leaking and all damages caused by it.

He has called us a lier from day one even though we just met this guy when we moved out, He has insulted my fiance's name spelling even. He is very intimidating and tried to put words in our mouth and uses scare tactics. At one point he said that i would not allow people to enter our unit for cleaning after it was already entered without permission or notice from the note i posted on the door. I asked him if he had the note and he said yes and i tried to tell him what the note said and he just called me a lier, i then proceeded to get the note cause i posted 2 one on back door one on front and i removed front when we moved out and i read him the note. He then tried to grab it from me and i would not let him and that's when i left. I did not sign anything. My fiance was in the hospital when they entered or unit and they say they gave everyone 24 hr notice but it does not make sense even if he did (he did not) because the workers were gutting ever ones unit and ours was last in a 2 week period so his 24 hr would be invalid. I was shocked to find out this guy actually owns the property and has been in business for 20 years and is this unprofessional.

I recorded the walk out inspection without his knowledge. I got almost the entire thing but the recorder cuts off when he attacked me for the note.

How should we handle this he says he is taking us to arbitration to sue us for carpet replacement and damages done by us.
i understand we are entitled to damage dep and pet deposit since there was never an inspection but if he plans to take us to arbitration what should i bring up?

We had tried to clean up the place better even try to clean the carpet but it still smells and we cannot go in the basement cause the smell and my fiance has blood clots in her lung and cannot stay in that place with the bacteria.

This has been a very frustrating and unhealthy ordeal for us. We are young and have no experience with people like this.
Thanks in advance
A: Short version? You are in a dispute with your landlord that looks like it is almost certainly headed for arbitration. With a tape recording and photos, with a note you've written, with a flood that can be documented, things look better for you than they do for the landlord. Get your stuff together, be organized, make a claim for return of your deposit to the RTO. Getting into an argument with the landlord isn’t productive at this stage – you are past that. In any hearing that may follow at the RTO, present your information to the 'dispute resolution officer' in a civil and courteous manner. Don’t get hostile, yell, scream, pound on the table or pound on the landlord, and chances are you'll win in arbitration. Your chances are virtually iron clad for return of the deposit if the landlord has not claimed against your deposit within 15 days of the end of the tenancy and your giving him notice of your new address. The legislation says that on entering into a tenancy agreement the landlord can request a security deposit of up to one-half of one month’s rent. This money is not to compensate the landlord but is a financial instrument providing security against possible debt or damage that may be caused during the course of the tenancy. The landlord must return the security deposit within 15 days of the end date of the tenancy unless the tenant has agreed in writing that the landlord can keep any or all of it, or the landlord has applied to retain the security deposit in accordance with the Act, or unless an Arbitrator has ordered that any or all of the security deposit can be withheld. Section 38 of the Act says: (1) Except as provided in subsection (3) or (4) (a), within 15 days after the later of (a) the date the tenancy ends, and (b) the date the landlord receives the tenant's forwarding address in writing, the landlord must do one of the following: (c) repay, as provided in subsection (8), any security deposit or pet damage deposit to the tenant with interest calculated in accordance with the regulations; (d) file an application for arbitration to make a claim against the security deposit or pet damage deposit. Section 38(2) continues: Subsection (1) does not apply if the tenant's right to the return of a security deposit or a pet damage deposit has been extinguished under section 24 (1) [tenant fails to participate in start of tenancy inspection] or 36 (1) [tenant fails to participate in end of tenancy inspection]. Section 38(6) says: “If a landlord does not comply with subsection (1), the landlord (a) may not make a claim against the security deposit or any pet damage deposit, and (b) must pay the tenant double the amount of the security deposit, pet damage deposit, or both, as applicable.” So, .... if you get double your deposit back, your $20 to the African PreSchools will be an absolute bargain, and for everyone concerned. Maybe you’ll find it in your heart to send the African PreSchools a piece of the action too. You will be astonished to find how far a few Canadian dollars do go in a remote African village. It will warm your heart to discover what an enormous difference you can make out of what first appeared to you as a distressing situation involving a dispute with a landlord.




 
 

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