Lanlord violate the law

[findgooddeal]

Hi You All,


My cousin rented an apartment 5 years and she moved out about two months ago. The Landlord still kept her $250 security deposit (SD). He keeps running around not to returning her SD. He said he would not return the SD until the apt cleaned and the garbage out of his property. Cousin said everything clean and city would come to pick up the garbage on Wed. He said he had to check inside (he didn't even check inside the apt and immediately refused to return her SD). Cousin said to him that the apt already cleaned, city would pick up all the garage on Wed and waited for the garbage gone, he had to pay SD + interest. Two days later, Landlord left a message that he checked the apartment and everything looked good but two things my cousin needed to clean: A little dust on the top of the fridge and under the oven still not clean, and waited still the city picked up the garbage then he returned her SD. My cousin came back and cleaned, the city already picked up the garbage; contacted him again that everything cleaned, he said he would check and gave her a call. He didn't call and two weeks later, cousin called him again he lied he was at the apt but cousin didn't show up. He said gave him a date when cousin wanted to meet. Because he keep lying and running around, cousin said would meet him today and if she didn't get her SD + Interest today, she would see him in court and guess what: he didn't show up. We checked the Ontario Housing act, the landlord is violating the law that he supported not to collecting the security deposit. He is also violating another law that has kept my cousin last month deposit for 5 years and didn't pay my cousin interest. Since he didn't raise the rent, she only wants SD + Interest. Please advise us what to do. Thanks much.

[pkguy]

Contact the Landlord Tenant Assoc.

[Beeg]

Ontario landlords cannot accept a rental security deposit in Ontario (at the moment, times are changing...)

However, if the landlord isn't happy with the condition of the property upon move out he can take your cousin to court. It's a long a stressful process and if there are real damages there is a very good chance the landlord will not only win a judgement, but your cousin will have the court loss on their credit report.

[findgooddeal]

Ontario landlords cannot accept a rental security deposit in Ontario (at the moment, times are changing...)

However, if the landlord isn't happy with the condition of the property upon move out he can take your cousin to court. It's a long a stressful process and if there are real damages there is a very good chance the landlord will not only win a judgement, but your cousin will have the court loss on their credit report.

Landlord already checked his property and he said everything looked good but keep running around not to give back my cousin security deposit. We already contacted the Landlord and Tenant Act, they confirmed he is violating the law, and my cousin can take him to court.

[findgooddeal]

Contact the Landlord Tenant Assoc.

Thanks.

We did. Cousin will file the T1 form but also wants landlord get fine for breaking the law too.

[Beeg]

Thanks.

We did. Cousin will file the T1 form but also wants landlord get fine for breaking the law too.

Wow, you are angry.

Good luck with the fine idea. Tenants often want the landlord 'punished' via the LTB, the Fire Dept., whatever. If you hate you landlord why did you rent from them?

Do you have it in writing (signed) the property is in the shape it was in?

You have provided the landlord an excellent avenue to file against you. As the biggest problem landlords have is finding tenants once they move out.

Please keep us updated as this should be interesting.

[findgooddeal]

Wow, you are angry.

Nah, why should I be since we know landlord will be fine for breaking the law.

Good luck with the fine idea. [/B] Tenants often want the landlord 'punished' via the LTB, the Fire Dept., whatever. If you hate you landlord why did you rent from them?

Which part did I said I hate my landlord? I don't have a landlord. You must be out of your mind!

[QUOTE=Beeg;
Do you have it in writing (signed) the property is in the shape it was in? [/QUOTE]

Verbally and cousin has recorded.

[QUOTE=Beeg;
You have provided the landlord an excellent avenue to file against you. As the biggest problem landlords have is finding tenants once they move out.

Please keep us updated as this should be interesting.

Do you mind telling your ex-LL to contact me?[/QUOTE]

No, i don't mind but I don't want to waste my time. Also cousin said to you that is the dumbest question we have ever been asked since we are filling legal against the landlord and you're asking us to tell who the landlord is.

[chickibum]

Wow Beeg, I lurk in this section and usually see you giving solid advice for both tenants and landlords. I'm surprised to see you reacting this way when it really seems the landlord is the goof in this situation.

Out of curiosity, why do you think he shouldn't have to repay the $250 illegal security deposit + interest for 5 years? And if the place was indeed left in a condition satisfactory to the landlord, what could he possibly file against OP's cousin?

Im just genuinely curious why you feel the way you do in this situation

[Beeg]

Good post Chickibum. You are right (and I thanked you for the post). Let me explain.

Landlord is in the wrong and should pay it back with interest (which is small). For sure.

I really get the feeling there is more to it than the OP is suggesting.

The tenant lived there for 5 years, and the cousin now says it was left clean, etc. No damages. Hmmm. And was proper notice given?

I could be wrong. I hope so and I hope it all works out.

The landlord needs to repay that deposit and if the tenant left damages the landlord should serve them on the spot for court.

Tenants should also make sure the units they are renting are legal and meet the fire-code. I spent tens of thousands of dollars to make all my units legal and safe...but I still see tenants refusing my places for illegal fire-traps that are a bit cheaper.

Tenants, if your rental isn't up to code or registered you can call 311 or your local bylaws and make your landlord spends some of the rent money they get and make it safe.

Do everything legal. Landlords and Tenants both need to follow the rules. Win-Win, in safe and healthy properties!

[findgooddeal]

Good post Chickibum. You are right (and I thanked you for the post). Let me explain.

Landlord is in the wrong and should pay it back with interest (which is small). For sure.

I really get the feeling there is more to it than the OP is suggesting.

The tenant lived there for 5 years, and the cousin now says it was left clean, etc. No damages. Hmmm. And was proper notice given?

I could be wrong. I hope so and I hope it all works out.

You was wrong.

Re-read the original post, the landlord wouldn't let go a little dust on the top of the fridge let alone of the damages. My cousin is a new comer, working and studying. No smoking nor partying. The place is still fresh and clean. Landlord should thank her for that instead of taking advantage of new comer. Landlord like him is considered as "thief"
and you are depending for a thief, you must be the same kind. Thieves deserve to get fine or put in jail.

[chickibum]

Thanks for clarifying Beeg! Great advice as usual

Hope it all works out OP!

[Maymybonneliveforever]

In conclusion I still believe the saying, "there are three sides to every story" and I think that's relevant in this thread.


Good luck findgoodeal, I hope it works out for your cousin.

Beeg, we all have our off days and I still believe you add value to your posts.

Have a great weekend everyone.

[Beeg]

You was wrong.

Re-read the original post, the landlord wouldn't let go a little dust on the top of the fridge let alone of the damages. My cousin is a new comer, working and studying. No smoking nor partying. The place is still fresh and clean. Landlord should thank her for that instead of taking advantage of new comer. Landlord like him is considered as "thief"
and you are depending for a thief, you must be the same kind. Thieves deserve to get fine or put in jail.

Calling anyone a "thief" who belongs in "jail" isn't productive and will get you no where at the Board or in Court. Just a hint, this type of language will likely work against you at the LTB or in court. In this type of landlord/tenant civil case no one will be going to jail.

Damages and garbage left when a tenant moves is debatable and your cousin can go to court over this. The fact your cousin is a new comer is meaningless because the rules apply equally to everyone. Newcomers don't get special treatment.

Go to the LTB website and look at your options. If your cousin was treated unfairly, your cousin will be awarded a fair judgment. You can serve the landlord with a Tenant Rights form to start the process. Damage deposits are not allowed in Ontario and you can request this money be returned.

Tenants have up to one year to use the Landlord and Tenant Board against landlords. (Landlords can't, as soon as the tenant moves out the landlord has to go to small claims court).

You may also be eligible for free legal aid to prepare for any upcoming case.

All tenants get free legal help the day of their Hearing. Look for Tenant Duty Counsel and explain the situation to them. Their are no income cut-offs so they will help every tenant who needs it.

If you need any help finding the forms your cousin needs, send me a PM and I'll direct you to the web links.

[findgooddeal]

Calling anyone a "thief" who belongs in "jail" isn't productive and will get you no where at the Board or in Court. Just a hint, this type of language will likely work against you at the LTB or in court.

"Fresh and clean" is your opinion only. You will have to defend that.

Damages and garbage left when a tenant moves is debatable and your cousin can go to court over this. The fact your cousin is a new comer is meaningless because the rules apply equally to everyone. Newcomers don't get special treatment.

It can be real battle but if you are confident you should go for it.

Obviously you did not read well. The landllord already checked his apt and two things landlord wanted my cousin to do are: Clean little dirt of the top on the fridge and also clean under the oven, it is not clean, then waited for the city pick up the garage then he would return the money. Cousin came back did as he requested, informed him it cleaned and the city already picked up the garbage. He said he would check and gave her a call. He never called and two weeks later cousin called him and he lied that he was at the apt (to return the money) and cousin didn't show up. Cousin gave him a date to meet but he didn't show u

We will be contacting the IEU as well that besides landlord is breaking the law, his apt has a lot of bugs coming from outside through the heater & air vent and Landlord poured chemical powder into those heaters/air to kill these bugs. Cousin said it was dangerous for her health when heat/air turned on, she would be breathing in these poison. Landlord said it was safe but if the smell was too strong just opened the window or went outside. Cousin already took pictures of these died bugs in the heaters/air vent.

When I started this thread just to get help for cousin to get SD + Interest back, but reading your first 2 replies, we've decided to get this landlord to court. These kind of thieves need to get penalty to the max.

[Beeg]

When I started this thread just to get help for cousin to get SD + Interest back, but reading your first 2 replies, we've decided to get this landlord to court. These kind of thieves need to get penalty to the max.

Okay, good luck.

Keep us posted as to what happens.