By a guy who is renting $12000 in suites. These suites are month to month rentals and the guy admits to not reading the contract before signing.
With that being said.. 30 days written notice is required to terminate a month to month agreement.
In his defense he thought he was on a fixed term but even on a fixed term in our province… Notice to move is still required in writing. And he signed a month to month agreement on behalf of his company on 6 different suites.
Due to improper notice the owner can legally retain the damage deposit.
Naturally I end up being the one to have to tell the guy that we cannot return this money.
He absolutely freaked on me. It’s out of my control and I tell him that and try to tell him the necessary steps to take if he chooses to dispute the owners decision.
Should any tenant dispute that they are getting little or no money back there are things you can do :
1) your landlord must teturn your damage deposit within 7 business days or serve you with a notice of claim for security deposit. This claim sheet has a portion at the bottom that the tenant can sign and submit to the rentalsmen if they do not agree with the decision. This is the dispute form
(Yelling at me won’t change a thing.. The owners have already made this decision so you need to fill out the dispute form)
2) If your Landlord failed to provide you with this sheet. You could win by default. But if you failed to give your landlord a forwarding address.. Then they are not legally required to send you this form. The damage deposit disputes by the way can be filed up to 120 days after the tenancy has ended.
3) after you take this sheet to the office of residential tenancies.. This will generate a hearing date in which this tenant will get to state his case on why he believes withholding his money is wrong.
A judge will ultimately determine who is legally entitled to this money.
I personally believe it would be a good business decision to return at least part of this guys money for the amount of business he’s given us but again that’s not my choice and the owners in this case are holding him to his contract.
I believe it’s worth the dispute but the owners might have him solely on the fact that he signed a legally binding contract which he admits to not reading .