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 Related Legal Forms Provided by LawDepot.com
- Residential Rental Inspection Report
Q: If I do not pay the tenants the full damage deposit and keep some of them for the damges that the tenants has agreed upon? Can still the tenants file for double security deposit? I just lost a case even though the tenants agreed to the some deduction from his damage deposit but when I deducted money for the damage to the fridge (only $50) he went and filed for doble damage deposit. And because already passed 15 days, the arbitrator gave the tenants double damage deposit without considering to deduct the damages or the amount that I have already paid to the tenants. I am frustrated with an error that the arbitrator has made? What can I do? Should I file for review or just ask for correction? Is there a way that the arbitrator decision could be corrected? Please help me.
A: The Arbitrator has not made any error. Section 38 of the legislation is specific. It says and means that within 15 days of the end of the tenancy that the landlord must repay, as provided in subsection (8), any security deposit or pet damage deposit to the tenant with interest calculated in accordance with the regulations; or (d) file an application for arbitration to make a claim against the security deposit or pet damage deposit.
When the landlrd does not do what the legislation requires, he will often get little expensive surprises like this one. Sorry, but everyone has gotta' play by the rules.


 
 

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