Real Estate

[Tenant-Alberta] Does my roommate have to return my damage deposit within 10 days after I move out?

  • Last Updated:
  • Dec 22nd, 2018 3:52 pm
[OP]
Newbie
Jun 29, 2017
12 posts

[Tenant-Alberta] Does my roommate have to return my damage deposit within 10 days after I move out?

I have no idea if I am posting in the right section. If not, please ignore my post; if yes, any advice will be appreciated!

My roommate is the legal tenant of a two-bedroom condo in Edmonton. I rented a room from her this summer. We did not create any written agreement, and I am NOT on the lease. But we agreed, over text messages, that I would pay monthly rent to her. She collected a-month-rent damage deposit from me and provided me with a written receipt. Later on she found a job and was able to pay full monthly rent by herself, so she evicted me out of the apartment by giving me a text notice on Nov 1, 2018. I moved out on Nov 30, 2018. Until now she has not returned my deposit, and stopped replying to my messages or emails. The last message I got from her is she claiming that “I will return your deposit only when I am able to.”

From what I have learned so far, she assumes the role of landlord and is in fact the acting landlord in this apartment, considering that 1) she collected the damage deposit from me; 2) she collected monthly rent from me); 3) she evicted me out of the rental premise. Although we did not have a written agreement, according to the Contract Law, the text messages we had can be considered as a tenancy agreement. So my question is, does she qualify as the landlord of the apartment? Is she required to return my damage deposit within 10 days after I moved out, as is stipulated in the Residential Tenancies Act? Thank you if you could provide some relevant information!
2 replies
Deal Expert
Aug 2, 2001
16594 posts
6766 upvotes
The Residential Tenancy Act will not deal with problems between room mates. You'll have to deal with small claims court.
Deal Guru
User avatar
Mar 23, 2008
11473 posts
7748 upvotes
Edmonton
According to this document, she doesn’t have to return your deposit until she moves out and gets her portion of the deposit back. But considering your deposit was separate from her initial deposit, that might not apply. The document might give you a starting point, though.

https://www.cplea.ca/wp-content/uploads ... dation.pdf

You may be looking at small claims court to getting your money back. But even if you win, you still may have an issue collecting.

C

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