Originally Posted by
Puka101
Calgary, AB
I have just recently moved out of a house I was living in with a couple roommates. I am having troubles getting my damage deposite back. I need to know if it is the responsibilty of the landlord to pay me out, or if it is up to my roommates to pay me my portion?
Will I have to wait untill they move out of the house to get it back? I have asked them to pay out my portion to me, then when they move out they get the full damage deposite back, but they have just been saying no. I am young, and I get the impression they are taking advantage of that, or trying to. I know I may not know a lot, but I really need an answer to this or at least help with where to go to find out?
Thanks a-lot
Residential Tenancies Act
Hi there, I guess I will need to know a few things:
Who was on the Lease Agreement? If you where on the Lease/Rental Agreement and you have proof of providing the damage deposit then you should be getting that damage deposit from the Landlord. If you where not on the Lease/Rental Agreement and you gave the roommate who is on the Lease/Rental Agreement monies representing the initial damage deposit and have proof of same then your roommate is obligated to give you the money back and the Landlord has nothing to do you with you (Legally).
Was there any damage and did you guys fulfill your contract upon termination or if you will the grounds for termination where not breached. This section applies to the return of security deposits.
48(1) In this section,
(a) "normal wear and tear" in respect of residential premises
Means the deterioration that occurs over time with the use
Of the premises even though the premises receive
Reasonable care and maintenance;
(b) "security deposit" includes any amount owing to the
Tenant as interest under section 47 at the time of the
Expiration or termination of the tenancy.
(2) A landlord who holds a security deposit shall within 10 days
After the day that the tenant gave up possession of the premises
(a) deliver the security deposit to the tenant,
(b) if all or part of the security deposit has been deducted in
Accordance with the conditions agreed to by the tenant,
Deliver to the tenant the balance of the deposit, if any, and
A statement of account showing the amount of the deposit
Used, or
(c) if the landlord is entitled to make a deduction from the
Security deposit in accordance with the conditions agreed
To by the tenant but is unable to determine the correct
Amount of the deduction, deliver to the tenant the balance
Of the deposit, if any, that the landlord does not intend to
Use and an estimated statement of account of the
Anticipated deduction and within 30 days after the day that
The tenant gave up possession of the premises deliver to
The tenant the remaining balance of the deposit, if any, and
A final statement of account.
(3) If a landlord fails to return all or part of a security deposit to a
Tenant in accordance with subsection (2), then, whether a
Statement of account was delivered to the tenant, the tenant may
Commence an action in a court to recover the whole of the deposit
Or that part of the deposit to which the tenant claims to be entitled.
(4) In proceedings taken under subsection (3), the court
(a) shall determine the amounts, if any, that the landlord is
Entitled to deduct from the security deposit in accordance
With the conditions agreed to by the tenant, and
(b) if the deductions so determined are less than the amount
Of the deposit, shall give judgment in favour of the tenant
For the balance.
(5) No deduction may be made from a tenant's security deposit for
Normal wear and tear to the residential premises during the period
Of the tenant's tenancy.
(6) A landlord shall not make a deduction from a tenant's security
Deposit for damages to the residential premises unless the
Requirements respecting inspection reports under section 18 have
Been met.
You should be getting your damage deposit back... sounds like you where not on the contract but have some sort of verbal agreement with the roommates. I would demand the money so long as you kept your area clean and no damages where sustaining and rent is up to date.