Tenancy Advice - Reclaiming Deposit

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Tenancy Problems - Reclaiming Deposit

Q: I moved the apartment out and waited for getting the security deposit back. But after 2 weeks, I don't still get any deposit. Therefore, I sent email to landlord asking my deposit back. I got a response that she is waiting for total expense for professional apartment cleaning fee to reduce from my security deposit because new tenant are unhappy with cleaning.
However, when I left the apartment, the representative of landlord came to my place and checked everything is OK, even she mentioned that kitchen and bathroom are excellent.
Is it possible to reduce the security deposit in this situation?
Now I left country and will return in May but the landlord knew this fact.
Also, during my tenancy, there was a leaking problem at the bedroom and I notificed the fact to landlord but she didn't fixed it. But after I notified moving out, she fixed it right away. During fixing leaking problem, I couldn' t use the bedroom, told her, and she sent me email that she considered the refund of the part of rent fee for Dec.
A: 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(3) says: A landlord may retain from a security deposit or a pet damage deposit an amount that (a) an arbitrator has previously ordered the tenant to pay to the landlord, and (b) at the end of the tenancy remains unpaid.
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.?


 
 

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