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Old 02-05-2009, 06:47 PM   #26
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so long as the garbage was properly taken care of, it is not your responsibility what happens to it.

if the dog did it, he can go after the neighbours and ask that the dog come pick it up.

Sounds to me like he's pinning everything on you because he pegs you for the type to take it. Bear in mind, you still have recourse. you are able to file a retroactive tenancy dispute with your landlord 2years after the move out date. Basically, make an excel sheet, jot down all problems you had which were discussed with your landlord. your pictures are amazing and will go a long way. You will need to pick up (or download) the dispute resolution form from the RTA. The cost for filing is ~100cdn which you can claim to have your landlord pay.
What you will do on the excel is tabulate each month's problems and the cost (%) of the months rent.

For example: let's say your rent is 1000 a month. But you had no running water..a big will treat that as 40% (it's up to you). if you had no water for the whole month then that is 40% of 1000. and under that column you will enter $-400. Let's say then the septic tank blew out. now you have no toilet (i'd say toilets be 25%). and the smell...i'd say that's 20%. essentially then you're subtracting 85% off of 1000. and do this for each month you stayed there.

In the end you will add up the months and enter that into the box. You should also include the excel sheet and file it.

IMPORTANT: your landlord must NEVER! i mean NEVER! come into contact with this paper or information. By taking steps with the RTA, they are assuming ALL responsibilities for mediating and contacting. If your landlord is shown the paper, you will receive NOTHING! I can't stress that enough. If your neighbours were privy to any of the information about your landlord (you complaining to them while coming home, using their water, etc) you can list them as witnesses.

There is no limit to the amount you can claim so long as it does not exceed the amount of rent paid. If you are seeking damages, that is a separate issue and requires a different form.

Let me know if you need more info or help.
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Old 02-08-2009, 04:32 AM   #27
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Legally he has to give you your damage deposit back Unless he has wants to go threw arbitration.

1.2.2 When does the tenant get the security deposit and pet deposit back?

Unless the landlord has the tenant's written consent to keep all or part of a deposit or has an outstanding dispute resolution officer's order that can be applied against the deposit, the landlord must return the deposit plus interest within 15 days after the tenancy ends, or apply for dispute resolution with the Residential Tenancy Branch to make a claim against the deposit. The 15 day period commences when the tenancy ends or the tenant provides a forwarding address in writing, whichever is later.

Landlords' claims for damages and a tenant's right to the return of the security deposit are affected by the completion of a Condition Inspection Report at the start and end of the tenancy. Claims for damages can be made regardless of completion of a Condition Inspection Report.
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