[yelo]

Hi All. I have been renting a commercial building in Toronto, Ontario. Earlier in the year, my landlord sold the place with my lease to this new landlord. And last month, we have moved out since it's the end of term for our lease. I've paid all my rent and fulfill all my obligations. But this new landlord has not been cooperating and refused to return my security deposit. He said that there are parts in the building (they were there ever since I moved in 6 years ago) and even threatened to charge me for having to remove them. I'm very positive that I've cleaned out the place and returned it to the original condition as I moved in. Even my original landlord agreed that I have done a good job and return the place as is.

Please help me on how I can get my security deposit back. It's a few thousand bucks and the money is very important to me at the moment. I've figured that there's no way the new landlord would just kindly return my money because I've tried discussing with him many many times. I know I can take him through small claim. But my lawyer has been very busy and not returning my calls.

It is just very frustrating that there doesn't seems to be anything I can do except to take him to court and knowing that I may not even win. Can anyone tell me what is original condition defined as in law? If it means only leaving four walls, I will go in and take out everything! How can a landlord screw over a tenant like this? What protection is there for me?

[landlord advocate]

See if the previous landlord will write you a letter saying that he inspected the property before you moved in and inspected the property after you moved out and that in his opinion, the property is in the same condition. Then file a small claims case without the help of your attorney. It is what small claims court is all about. No attorney is necessary. Prior to your court date, subpoena the previous owner so that he has no choice but to show up in court (the subpoena is extremely important). It will be up to the new owner to somehow prove that the condition is different. Check with the court to see what the largest dollar amount of judgment is available in small claims court and be sure that it is enough to make going to court worthwhile.