How AI Legalese Decoder Can Help Tenants Fight Back Against Unfair Security Deposit Withholding by Landlords
- May 1, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Recent Rental Experience in New Westminster
I recently moved out of a place I had been renting for 8 months in New Westminster. The initial lease was for 6 months, but I requested to switch to a month-to-month agreement for the last 2 months (March and April). While I signed an initial contract when my first lease started, there was no additional signing for the extra 2 months.
### Issue with Buzzer System and Unexpected Fees
For the first few months, the buzzer system in the building did not work, and the landlord directed me to the building manager to resolve the issue. The building manager was able to fix the buzzer, but now my landlord is claiming that I have to pay a move-in fee for notifying the building manager that I had moved in, which was not mentioned in the contract I signed.
### Deposit and Cleaning Fee Dispute
Upon moving out, I must admit that I did not leave the place spotless, but it was not in a disastrous condition. There was no damage, just normal wear and tear. However, the landlord is now withholding my deposit and requesting an additional $400 for cleaning fees for one room and a bathroom. They also claim a $200 move-in fee. There is no documentation or receipt of the cleaning services provided, and the landlord insists on keeping the full deposit due to the time spent on cleaning.
### AI Legalese Decoder Assistance
The AI Legalese Decoder can help in this situation by analyzing the rental agreement and lease terms to determine if the landlord is breaching any legal provisions. It can also verify if the absence of a move-in or move-out inspection report allows the landlord to withhold the deposit. Additionally, the tool can provide insights on the relevant sections of the Residential Tenancy Act (RTA), such as Section 24 (2) (c) and Section 36 (2) (c), and advise on any potential legal recourse available to reclaim the deposit. Furthermore, it can offer guidance on the implications of staying at a property, paying rent without a lease for the last months, and provide advice on how to proceed in resolving the dispute with the landlord effectively.
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I’m not commenting on the legalities regarding the move in/out fee, only in the damage deposit. I can confirm I have spent hours properly cleaning a space I’ve rented before moving out, or a home I’ve sold and it does take hours (and cleaning supplies). Depending on how dirty the two rooms were, it could have taken hours and they wouldn’t have a receipt because as you said, they did the work themselves. Because you didn’t clean (for whatever reason, good or bad) your options could have been to hire someone to clean….or, indirectly, ‘hire’ the landlord to do the cleaning.
*assuming you do not share a kitchen or bathroom with the person you pay rent to.*
tl:dr read [https://tenants.bc.ca/your-tenancy/deposits/#deposit-return](https://tenants.bc.ca/your-tenancy/deposits/#deposit-return) use their template letter requesting a **full** refund of the deposit and interest, make sure they have your forwarding address, don’t argue, and wait the 15 days. If you don’t get dispute paperwork from the LL, file a direct request [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/direct-request-process#direct-request-not-returned-deposit](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/direct-request-process#direct-request-not-returned-deposit) for an order for double your deposit (+ interest).
also – make sure you serve documents correctly [https://tenants.bc.ca/your-tenancy/serving-documents](https://tenants.bc.ca/your-tenancy/serving-documents)
>There was an initial contract I signed when the first lease started but there was no signing for the 2 extra months.
Any rental agreement in BC automatically goes month to month with the same terms at the end unless there was a move-out clause signed ahead of time for landlord use. so you would not have needed (or should not have) signed anything.
>that you now have to pay a move in fee for telling the building manager you moved in (huh?) In the contract I signed there is no mention of paying any extra fees to move in/move out.
If the building is strata-managed (a condo) you may have to pay move in or out fees, **if it was part of your rental agreement.**
>The second bedroom is still occupied by other tenants.
were they on a sperate rental agreement?
>There is no receipt of cleaning and he insists on not giving back any money because they spent hours cleaning the place and everything.
I’m sure they are insisting that they keep your money. but that doesn’t mean they can keep your money. see the above link, they need **your** permission or an order from RTB to keep your deposit.
>I am 100% certain there was no effort by them to have such a report during move in or move out.
So there was no move in or out inspection? They most likely won’t get much of anything out of you if they go to RTB.
>Also would staying at a property, paying rent and not having a lease for the last months pose a problem?
You would have a rental agreement if you are living somewhere and paying rent. implied (verbal) rental agreements are the same as written ones, just standard terms apply which is worse for a LL. However, **your** rental agreement (lease) was written out and signed. like I mention, fixed-term agreements just keep going indefinitely after the end date, unless you are evicted for cause or you give notice to move out. Move out clauses in BC can only be for landlord’s personal use or for their direct family member to move in.