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Thread: Renting an apartment. ?

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    Senior Member Hope's Avatar
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    Default Renting an apartment. ?

    If someone puts a security deposit on an apartment, then can't take it (move back) but the landlord get's someone else to rent immediatly. Can they get their security deposit back? I did look but couldn't find what I needed. And does that mean the landlord gets two deposits?

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    Senior Member H.E. Pennypacker's Avatar
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    Default Re: Renting an apartment. ?

    Did you sign anything saying it was a refundable security deposit? If not you may be SOL

  3. #3
    Senior Member Hope's Avatar
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    Default Re: Renting an apartment. ?

    Not sure, checking for my daughters friend, she's out of town. Sure will check tho. Thanks

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    Default Re: Renting an apartment. ?

    From http://www.cmhc-schl.gc.ca/en/co/reh...h/fash_009.cfm :

    "Deposits

    Landlords can collect a rent deposit up to one month's rent, but this deposit is not a security deposit. In Ontario, security deposits are not allowed. Last month's rent may be collected as a deposit, but it can never be used to apply to damages. Landlords collect the last month's rent, or if rent is paid weekly the last week's rent, at the beginning of the tenancy and pay the tenant interest. Under the Residential Tenancies Act, the rate of interest to be paid annually to a tenant is equivalent to the rent increase guideline of the same year that the interest is due. This deposit may only be applied to the last month's rent. It is not considered a damage or security deposit"

    http://www.robinsapplebyandtaub.com/...ons/pdf/86.pdf

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    Senior Member Bluesky's Avatar
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    Default Re: Renting an apartment. ?

    Yup. Basically, it is illegal to charge a security deposit.
    The heart of the human problem is the problem of the human heart.

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    Senior Member Tutones's Avatar
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    Default Re: Renting an apartment. ?

    Quote Originally Posted by Hope View Post
    If someone puts a security deposit on an apartment, then can't take it (move back) but the landlord get's someone else to rent immediatly. Can they get their security deposit back? I did look but couldn't find what I needed. And does that mean the landlord gets two deposits?
    If someone pays last months rent, does not move in, and someone else rents for that same move in date the landlord MUST by law refund your money.
    “Teachers are expected to reach unattainable goals with inadequate tools. The miracle is that at times they accomplish this impossible task.”
    Haim Ginott

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    Senior Member Hope's Avatar
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    Default Re: Renting an apartment. ?

    That's fantastic ! I will pass it along.

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    Default Re: Renting an apartment. ?

    Quote Originally Posted by Tutones View Post
    If someone pays last months rent, does not move in, and someone else rents for that same move in date the landlord MUST by law refund your money.
    This is correct, landlord can only keep the amount they would be out if they couldn't get someone to rent it...But since they did they can't keep it.
    MagicFingers

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    Senior Member Hope's Avatar
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    Default Re: Renting an apartment. ?

    So, If it was suppost to be rented for Dec !st, she should get it back?

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    Senior Member NewCasa's Avatar
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    Default Re: Renting an apartment. ?

    And we wonder why it's so hard to find an apartment.

  11. #11
    Senior Member Hope's Avatar
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    Default Re: Renting an apartment. ?

    Why, because she should get her deposit back? Or shouldn't ? He was given 2 1/2 mths advance notice.

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    Senior Member NewCasa's Avatar
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    Default Re: Renting an apartment. ?

    Quote Originally Posted by Hope View Post
    Why, because she should get her deposit back? Or shouldn't ? He was given 2 1/2 mths advance notice.
    No because a landlord can't take a damage deposit, for example.

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    Senior Member Hope's Avatar
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    Default Re: Renting an apartment. ?

    oh...

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    Default Re: Renting an apartment. ?

    Quote Originally Posted by Hope View Post
    So, If it was suppost to be rented for Dec !st, she should get it back?
    She has to give 30 days notice....if there was no thirty days notice but he was able to find a renter then she does not have to pay. She would get her deposit back. However he could request that she pay for his expenses to re advertise. Basically she needs to make him whole. If he lost nothing he gets nothing. My parents are landlords and have taken a tenant or two to court and they have learned this. The landlord is not allowed to keep the deposit if he didn't lose anything.
    MagicFingers

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    Default Re: Renting an apartment. ?

    It should be returned if the unit is immediately rented out. It should also be returned if proper notice has been provided. According to the Act it must be 60 days notice from the first day of the rental period. If the tenant was evicted, and the unit cannot be immediately renting for whatever reason, then the tenant forfits the last months rent. Security deposits are not allowed under the LTB Act. The landlord may only take the equivalent of one months rents upon the start of the tenancy. I have been a landlord for many years so I am quite familier with the laws governing last months rent. From what I read, in your post, you provided proper notice. The way it should have worked is that you should not have paid the last month you occupied the unit. If you did pay then it is the responsibility of he Landlord to return the last months rent to you. If the Landlord doesn't then you have to go to small claims court to get the money. I know that is a pain but on the bright side you will definately win the case. I hope this helps.

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    Senior Member Hope's Avatar
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    Default Re: Renting an apartment. ?

    Thanks for all the info, she was told that he's not renting it till Jan 1st. I'm going to check cause she's out of town and he knows that. I'm thinking dirty pool !

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    Senior Member Bluesky's Avatar
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    Default Re: Renting an apartment. ?

    Quote Originally Posted by NewCasa View Post
    No because a landlord can't take a damage deposit, for example.
    Just happened to my daughter. Tenants trashed the place before moving out. Damages are such that it won't be worth it to pursue them in the courts. Grrr
    The heart of the human problem is the problem of the human heart.

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    Default Re: Renting an apartment. ?

    Bluesky, how is it that they aren't worth pursuing in court? Your daughter can go to small claims court, and charge for any of her own labour at the going rates.

  19. #19
    Senior Member Bluesky's Avatar
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    Default Re: Renting an apartment. ?

    1. If they can be found
    2. She used a property manager company owned by a former paralegal who told her it isn't worth it.
    3. She doesn't want to fight it, due to the emotional cost on her.

    She is now selling her house. She finally recognized she doesn't have what it takes to be a landlord. She said this most recently on Facebook (She is such a tender creature..)

    I can understand a degree of entitlement if you live in the home of a slum lord, but when I provide every request for your comfort and then you leave my house looking like a land fill... that breaks my heart. No consideration for anyone else. Heart, broked.
    The heart of the human problem is the problem of the human heart.

  20. #20
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    Default Re: Renting an apartment. ?

    Aw, that sucks. And people wonder why there are so few places to rent.

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