# Can Landlord keep all money ?



## harrislisa (Mar 11, 2013)

Hi,

I need some assistance asap...PLEASE !!!

My husband and I were moving to Canada, and when we got to the border, we were told my husband is inadmissible due to his medical condition.

We had applied for a rental home subject to our arriving in Canada. The landlord made us pay 1/2 of 2 months rent, because we hadn't arrived yet, and weren't going to arrive until end of february. He also had us pay all of the security deposit and we were only supposed to pay 1/2 and then the other half when we arrived and took possession.

Well, we informed the landlord my husband had a medical condition, prior to completing the application, and when I told him my husband was denied, he told me he didn't know it was so serious. 

I asked for all of our money back (5000) and he told me NO !!!! he said he lost money, and now even wants us to pay for electric, water and gas !!! We never took possession, and we were even willing to let him keep the months we didn't live there. Everything was conditional upon us taking possession. He even reneged on the security deposit, and told us he was short on cash and for us to pay everything before we arrived. 

Can we do anything since this is beyond both of our control, and he knew of the medical condition prior ? He said he could've rented to someone else, and keeps changing the story about the deposit. So now, he won't return anything !



Please help or advise.....We don't know what to do. !!!


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## GRETZKY427 (Jan 5, 2013)

Im so sorry to hear that this was your first experience to Canada, not nice imo.

I have been in contact with some rental place for myself and my wife when we arrive in Canada not till next year Feb. They told they needed a security deposit plus 2-3mths rent in advance as we are foreigners.


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## EVHB (Feb 11, 2008)

harrislisa said:


> Everything was conditional upon us taking possession.


Does this mean: you rented a place, but there was a condition in the rental agreement: the contract would only be valid if you actually would arrive in Canada? If you, for whatever reason, decided not to come to that place, the contract would be void?
Or what exactly is the wording in your contract?


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## harrislisa (Mar 11, 2013)

The exact verbage is " The original contract to be signed with addendums (we tick marked) once we arrive in Calgary Canada.

The landlord then stated the original contract to be signed once we arrive, and also the only thing for us to be concerned with is paying the rent on time, keeping the house in good condition, and being courteous to our neighbors.


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## EVHB (Feb 11, 2008)

But where does it mention that your contract was conditional, and what the exact conditions were?
because you wrote:


harrislisa said:


> Everything was conditional upon us taking possession.


It seems to me that you have a real contract. Maybe you should look for more info on how much the landlord can charge through the landlord and tennant board of the province/city where you are renting. 
For instance: Landlord and Tenant Board - About Us


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## Pacifica (Oct 19, 2011)

I'm sorry to hear about your situation.

Here’s some links regarding renting and landlord-tenant matters from the Government of Alberta website that might be of some assistance to you in dealing with a Calgary landlord.

Links to info about various aspects of renting in Alberta

Landlord-Tenant info

Alberta Residential Tenancies Act
Service Alberta: Legislation - Landlords and Tenants

Alberta Residential Tenancy Dispute Resolution Service


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## harrislisa (Mar 11, 2013)

We put the addendum into the agreement prior to executing.

also, the landlord inserted the clause of signing the original contract and addendums upon our arrival. Second, the landlord never gave us notification within 7 days he was keeping our deposit. Then he sent us an email that because we never gave him a written formal notice, only via email, as that has been all of our communication, he was keeping the deposit.

In addition, he never sent us the agreement within 20 days, as noted in the Residential Tenancies Act. 

So, if all of our emails and correspondence were due via email, how can he now state nothing via email is official ?


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## harrislisa (Mar 11, 2013)

Thanks for those responding and offering assistance. 

I called the Res. Ten Board, and they stipulated the contract was breached because we didn't get into Canada, and the landlord knew about our medical condition prior to us coming. So, they suggested we take the landlord to court. More money !


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## EVHB (Feb 11, 2008)

I don't know how big the claim is, but I assume it's <$25,000? In Ontario, you can go to small claims court. Not that expensive:
Before Making a Claim in Small Claims Court - Ministry of the Attorney General

What province are we talking about?


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## Liam(at)Large (Sep 2, 2012)

EVHB said:


> I don't know how big the claim is, but I assume it's <$25,000? In Ontario, you can go to small claims court. Not that expensive:
> Before Making a Claim in Small Claims Court - Ministry of the Attorney General
> 
> What province are we talking about?


Unless they moved it, Calgary is in Alberta.


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## Camerish (May 24, 2012)

Good luck in resolving this issue. Small claims court is your best option and hopefully not "too much" of a hassle, given the amount.

Looks like he has no right to withhold any of the funds, but especially the security deposit. A security deposit is to provide for abnormal damage while residing in the apartment ONLY.


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## EVHB (Feb 11, 2008)

You never know! ;-)
(I was checking the opening post, but now I noticed it was mentioned later on in the thread)


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## harrislisa (Mar 11, 2013)

Thanks everyone ! I will proceed with court. This is ridiculous when someone tries to scam you.....Some people have no conscience !


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## EVHB (Feb 11, 2008)

They often ask for your references as a renter, but you should ask for theirs as a landlord too. ;-)
Hope it all works out fine for you. Sometimes, if they become aware that you know the law and are ready to proceed, they back off.


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## colchar (Oct 25, 2011)

harrislisa said:


> Hi,
> 
> I need some assistance asap...PLEASE !!!
> 
> ...




What province were you moving to? Each has their own rules but here in Ontario where I live, security deposits are illegal and landlords cannot ask that a renter pay them.

Read the sections titled 'deposits':

Renting in Ontario | CMHC



Edited to add:
Sorry, just saw you were heading to Alberta. Your landlord actually owes you money - interest on the money you gave him.

Read these links:

http://www.servicealberta.gov.ab.ca/pdf/RTA/_6SECURITY_DEPOSIT_.pdf

http://www.servicealberta.gov.ab.ca/landlords_tenants.cfm


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## colchar (Oct 25, 2011)

Camerish said:


> Good luck in resolving this issue. Small claims court is your best option and hopefully not "too much" of a hassle, given the amount.
> 
> Looks like he has no right to withhold any of the funds, but especially the security deposit. A security deposit is to provide for abnormal damage while residing in the apartment ONLY.



As I said above, it depends on the province. On Ontario security deposits are not legal.


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## Camerish (May 24, 2012)

colchar said:


> As I said above, it depends on the province. On Ontario security deposits are not legal.


I know. I looked up the Alberta Laws before responding.


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