Landlord and tenants act? Canada?
I will try to summarize this the best I can.
My sister and I lived in an apartment our lease ran out in August so they upped the rent from 1800$ to 1900$. We decided that we couldnt pay this anymore so we did not sign and renew the lease for september. So On Septemeber 6th I went to ask to put my notice in they said we were already into the month so we couldnt leave until November. This was not acceptable because we couldnt afford it. We talked to the lady and she said if she could get the walkthrough done and get new tenants in that we could get our damage deposit back. ((of 1800) We did the walktrhough and she said that theres some things that are more than wear and tear but we would still get money back. Now she is saying that we still owe 1900 for the month of October even though we vacated the premises on Sept 29 and she promised money back. We did not have a lease agreement for september or October.. Any ideas on how we could get it back?Thanks
sorry:0) I live in Alberta
thanks Im sure its probably similar I will try calling tommorow as well.
- 1 decade agoBest Answer
Canada follows Common Law the same as the United States. You would be surprised to learn that these sorts of disputes go back a couple hundred years to England.
A lease agreement is a contract. When your lease expired it began to be called a periodic tenancy, which either goes month to month or year to year. Typically, you must give ample notice that you will vacate. This must be within 30 days of the bill period. If you rent is due on the 1st you must give notice at least 30 days before the next 1st. An exception to this can arise if the landlord handed you the new lease without giving YOU proper notice. You must be given enough time to consider the new contract. If the terms are not agreeable to you, this is known as a constructive eviction.
In the US, you do not need a lawyer, but can file a claim in small claims court and go before a judge. You don't have to prepare forms properly, only have a general claim upon which relief may be granted. I'm not sure about Canada, but it may follow the original code pleading of the Common Law system, in which case you must be very specific.
In the state of Pennsylvania, you may recover up to double the amount of damage deposit less damage to the property excused.
Your landlord is required to give you notification within 30-60 days and sometimes more. If your landlord gave you less than a month, you are not responsible and may recover if he/she does not pay. This is true in any English Common Law system unless a legislature changes it, but the change will most likely be in your favor.
Most attorneys will tell you the law for free if it is a quick question, just call them upSource(s): http://en.wikipedia.org/wiki/Tenancy_at_will
- 1 decade ago
Even though your old lease is expired, if it required a notice period you are still held to that. If you were required to give a 30 or 60 day notice, and moved out before the end of the notice period, and no one moved into your apartment, then unfortunately there is not much you can do to get back your deposit. Remember, when you make an agreement with a landlord ALWAYS GET IT IN WRITING. That way, if you end up going to court over the receipt of the security deposit you have proof to what was said.
I would call your local landlord/tenant affairs office and ask them for advice. When you go to meet them, make sure to give them a copy of your lease agreement. Basically, any provision or rule they put into the lease agreement that is law full you have to abide by, and you need to have a record of what you signed. The counselors at landlord/tenant offices have the knowledge of the law in your area to advise you of what to do. You can probably look it up online right now. Good luck!Source(s): I am a lease administrator, I do this everyday.
- 1 decade ago
Ok you didn't say where you live but in New Brunswick where i live AFTER the lease is done and you still stay on-it's a month to month tenacy...You need to contact your local Rentalsman office a put a complaint in fast! You normally only have 30 day's to get your deposit back..Under the law(in NB) the landlord was suppose to turn you deposit over to the Rentalsman at the beginning of the lease.
P.S--You do not owe for the month of Oct.Source(s): Rented for 18 years till i bought a house this year.
- Anonymous1 decade ago
since you did not sign a new lease you automatically have a month to month lease if you stay. unless you agreed in writing by august 31 the rent stays the same. you don't quite know the law but i think the landlord does and this is what she is trying to pull. with the lone exception of proper notice to show the apartment for rental for November you have exclusive rights to the apartment. she is trying to rent it for October and get 2 months worth of rent for October. but you still are responsible for October rent. she may have an argument if you turned in the keys and had a walk through . see what happens and take her to court after Nov. 1st.
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- 6 years ago
does the tenant have the responsibility for cleaning the outside of the windows
- 1 decade ago
- 1 decade ago