Damage deposit confusion

[b1m2x3]

Hi everyone, I'm a bit new to Toronto, so I'm unfamiliar with landlord and tenancy laws. Just wondering if you could help me out with an issue I'm currently having with a past landlord.

Since this is the internet, I'll give you a basic summary:

- My friend and I moved in last September, and was charged first mo + last mo (security deposit) + X$ damage deposit + $Y key deposit
- Friend moved to California, leaving me responsible for moving out
-Moved out the end of Feb. Met with landlord, did a walk through and both signed a paper saying the apartment was satisfactory and that I was receiving half of the damage+key deposit back.
-inquired about the other half of the deposit
-8 days later they contacted me saying they found damages to part of an appliance and would be taking the returned half of the deposit back to replace the whole appliance
-I send them an image of the appliance when we moved in, clearly busted up. Saying they can keep the other half for their troubles and lets just move on.
-They respond 29 days later with an image of their own
- Now threatening to 'talk to their lawyer'

Do they have any legal grounds? I thought it was illegal to charge a damage deposit in Ontario in the first place? We both signed the paper saying the apartment was fine on moving out, and she returned my half of the deposit.

any help would be hugely appreciated.

 

[DarnDirtyApe]

It is illegal to collect a damage deposit in Ontario, but not an uncommon practice from unprofessional landlords. If you are having problems you may want to call the Metro Tenants Association (google it) for advice.

 

[mk39920]

Can the landlord charge the tenant a damage deposit?

No. A landlord cannot collect a damage deposit that they would use if there is damage done to the unit. Also, a landlord cannot use the last month’s rent deposit to cover damages in the unit.

If the landlord finds that a tenant has damaged the unit or caused damage to the building, the landlord can give the tenant a notice and/or ask them to pay for the damages. If they do not, the landlord can apply to have the Board determine if there are damages and what should be done about them. For more information about the remedies available to a landlord if a tenant causes damage, see the Board’s brochure on Maintenance & Repairs.

http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111479.html

You can apply for a hearing force the landlord to repay illegally collected deposits. An damage the landlord claims has to be proven above reasonable wear and they must sue separately.

 

[b1m2x3]

Thanks for the help guys,
What should I make of the document we both signed on moving out that said everything is in acceptable condition? Does it count for anything?

 

[daveto]

Thanks for the help guys,
What should I make of the document we both signed on moving out that said everything is in acceptable condition? Does it count for anything?

I would reply in writing agreeing with them that they should talk to their lawyer. In particular about the illegal damage deposit originally charged. And also noting the signed confirmation that the unit is in good order (which certainly does count for something), and instructing them to refund your money owing immediately.

How much are we talking about here? If they don't refund it, it will be difficult for you to get it back. You can go to the landlord/tenant board, or even small claims court, but it may be a lot of work. Either way, it sounds like you have nothing to be worried about. One final note...if I were you I'd write up a brief summary of this and drop it off (unsigned) at your former unit (and any other units). The current tenants should know who they are dealing with.

 

[b1m2x3]

I would reply in writing agreeing with them that they should talk to their lawyer. In particular about the illegal damage deposit originally charged. And also noting the signed confirmation that the unit is in good order (which certainly does count for something), and instructing them to refund your money owing immediately.

How much are we talking about here? If they don't refund it, it will be difficult for you to get it back. You can go to the landlord/tenant board, or even small claims court, but it may be a lot of work. Either way, it sounds like you have nothing to be worried about. One final note...if I were you I'd write up a brief summary of this and drop it off (unsigned) at your former unit (and any other units). The current tenants should know who they are dealing with.

Here's the kicker... we're talking about a 300$ damage deposit, and a $120 key deposit. A small amount for such a headache.
They've already returned half, and I've told them previously that they can keep the other half as I'd like to move on.

I'm not sure dropping off the note would be a good idea. They might take it as slander or something, and the current tenant seems to be a friend of theirs.

 

[daveto]

Here's the kicker... we're talking about a 300$ damage deposit, and a $120 key deposit. A small amount for such a headache.
They've already returned half, and I've told them previously that they can keep the other half as I'd like to move on.

I'm not sure dropping off the note would be a good idea. They might take it as slander or something, and the current tenant seems to be a friend of theirs.

It's not slander if it's true. But I agree if it is just one tenant, and a friend of theirs...lol..., then prob not a good idea.

You can move on any time you like, there is nothing they can do except write you silly letters. Their threat to 'speak with their lawyer' is just silliness. No-one speaks with a lawyer over a few hundreds dollars (not unless it is afree legal aid clinic)

Or you can write them a letter telling them to smarten the hell up, and then move on. Either way, up to you.