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Old 01-29-2013, 01:59 AM   #1
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Landlord not giving security deposit back?

It has recently come to my attention that my brother did not receive his security deposit back after several attempts of conntacting the owner?landlord?(sorry i have little knowledge on the whole rent/tenant process) responsible for Eventually, the 'person' changed phone numbers and my brother just kind of let it be. He moved out in July 2012.

However, i cannot see to it douches get away with this kind of stuff.

Is it still possible to get it back? Get the new number from the person living their currently? It was $600 deposit.

what can i 'arm' myself with??

Thanks.
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Old 01-29-2013, 02:07 AM   #2
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8 months later? I am speechless lol... RS beat down crew? Anyone? Cmooon lol
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Old 01-29-2013, 09:35 AM   #3
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If you have the landlords contact info (most importantly, their address) you can go to the Tenancy Branch and file to get twice the amount back.

Landlords are required to send the tenant back the security deposit within 15 days of turning over the keys AND leaving a forwarding address (if sent in the mail the envelope must me post marked within 15 days). If it is not, the tenant has the right to double the amount.

The ONLY way a landlord can keep the deposit:
- The tenant has acknowledged damage or that the apt is not clean and has given permission IN WRITING for the landlord to keep any or all of the deposit.
- The tenant never gave a forwarding address
- The landlord applied with the branch to keep the deposit.

Even if the landlord would like to keep part of all of the deposit for unpaid rent or utilities or damage, etc. the landlord still needs to file to keep with with the tenancy branch UNLESS the tenant allows him\her to IN WRITING.

Is there a reason they gave for not returning the deposit? did you bro give them his forwarding address?

IF you bro gave them forwarding address and did not sign anything that allowed them to keep the deposit, he is owed $1200.00.
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Old 01-29-2013, 11:04 AM   #4
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Quote:
Originally Posted by dinosaur View Post
If you have the landlords contact info (most importantly, their address) you can go to the Tenancy Branch and file to get twice the amount back.

Landlords are required to send the tenant back the security deposit within 15 days of turning over the keys AND leaving a forwarding address (if sent in the mail the envelope must me post marked within 15 days). If it is not, the tenant has the right to double the amount.

The ONLY way a landlord can keep the deposit:
- The tenant has acknowledged damage or that the apt is not clean and has given permission IN WRITING for the landlord to keep any or all of the deposit.
- The tenant never gave a forwarding address
- The landlord applied with the branch to keep the deposit.

Even if the landlord would like to keep part of all of the deposit for unpaid rent or utilities or damage, etc. the landlord still needs to file to keep with with the tenancy branch UNLESS the tenant allows him\her to IN WRITING.

Is there a reason they gave for not returning the deposit? did you bro give them his forwarding address?

IF you bro gave them forwarding address and did not sign anything that allowed them to keep the deposit, he is owed $1200.00.
I will ask my brother about the forwarding address. But cant the landlord just deny that my brother gave him a forwarding address? And if my brother didnt, it would've been kinda hard to considering that the landlord changed his phone number (im guessing in attempts to ignore my brother [after many requests of the deposit back unanswered] )

I will post exact details later tonight. Thanks.
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Old 01-29-2013, 12:03 PM   #5
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Well, it can be difficult to prove most things....thats why there us a judge to make the call. It is basically the landlord's word against your brother's. I think that fact that your brother made attempt after attempt to try and get the deposit will help his case.

Technically, when someone moves out and hands back the keys and does the move-out inspection, that is the time to give the forwarding address. That way, if there are any fees charged, etc it can be discussed then.

It is worth the fight anyways, I think. It will be the responsibility of the landlord to prove he gave the deposit back (if that is what he claims) by providing a withdrawal receipt of cheque.
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Old 02-10-2013, 06:05 PM   #6
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in teh real world, i would say you would almost kiss it goodbye.

if at the end of the day my landlord didn't give me my $750 back, i wouldn't be too worried... he probably will, we have a good relationship, but i know i'm paying way under market for my place, and i don't take that good of a care of the place (i don't do really good cleans of the place like i would if it were my own... wear and tear doesn't get fixed, etc.) - but sounds like this guy is just a douche, sorry to hear
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Old 02-10-2013, 08:39 PM   #7
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Definitely go after the landlord through the tenancy branch. I had a feeling my last landlord wouldn't return my dd cause she was crazy. I gave her my forwarding address when I moved out. She straight up kept my damage deposit. I went to the access centre filed the forms and after a phone conference she had to pay me $1200. Best feeling ever getting that cheque after she acted like a bitch to me so many times and called me stupid haha.
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