Help! Alberta Tenant/Landlord Act

[y3rbua]

Hello, everybody I am dreading to know on what to do. It's Friday night and I can't wait for Monday to call for Legal Professional help.

I am renting a house in Alberta and I thought I found the perfect renter so I decided to go through them so I asked to get a lease signed and asked for a security deposit they asked for extension and said that 20th they'll come up with it, so fast forward 20th comes and we had signed a lease and I received Security deposit.

This morning no sorry no nothing just told me that they can't move in on the agreed date of July 1st because there current place wouldn't let them go because they didn't given landlord a months notice. (This even shouldn't be my problem)

The Lady now is asking for her money back and was even saying she called this and that and I can't keep her money because lease or whatever doesn't cover that.

I reserved the whole month for them and could've even found a renter but I waited for them.

I am having a terrible head ache with this people. Please help me have a good sleep tonight anybody that knows this by heart please tell me what to do.

Thank you very much.

[rem338win]

You signed up to an outdoor forum to ask legal advice on a landlord tenant issue. We hunt. We fish. Some of us may actually be lawyers or have experience in that area. That does not make this any less bizarre.

You need to Google Services Alberta and look the Act up. Read the regs and figure out if you're good. Or wait until Monday and speak with a professional.

Goodness sakes.

[Sneeze]

Need more info - you are saying her move in date is July 1 and she gave you a deposit for it but now wants out?

If so easy man. Hold the money and try to rent it. If it doesn't rent for the 1st (which it won't) deduct your expenses to carry it for a month and send her the balance.

If somebody has a problem with it let em sue you or let landlord tenant chase you around for a while. (Which I'm doubtful they can) Don't let bums win.

Hint - what you took wasn't a security deposit. It was a non refundable hold on the property.

Btw I am not a lawyer.

[CaberTosser]

I operate by this simple philosophy: Their screw-up, they bear the financial repercussions.

My screw-up, I bear the repercussions.

If this person does not know what the main intent of a deposit is for, you'll be dodging a bullet by not having such an irresponsible tenant in the first place. Personally I'd not bother worrying too much over mistakes made by others when I'm the one financially secured, it only becomes your problem if you allow it to. This does not sound like your problem.

I'm no lawyer but I did stay at a Holiday Inn Express once within the last few months!

[Dave barry]

Wait till Monday and seek proper legal advice.

[Dick284]

Excellent first post!

[RBI]

been taking care of the family-owned rentals for 30 plus yrs...

sounds like a " them " problem


certainly though, call Landlord & Tenant ( Service Alberta )

1-877-427-4088 they're open Monday at 8:15 AM


On the other hand , if these " renters" aren't smart( respectful ) enough to know enough to give current landlord proper notice ( 30 days ) ....probably not the tenants you want ....

[silver lab]

[QUOTE=rem338win;3802443]You signed up to an outdoor forum to ask legal advice on a landlord tenant issue. We hunt. We fish. Some of us may actually be lawyers or have experience in that area. That does not make this any less bizarre.

You need to Google Services Alberta and look the Act up. Read the regs and figure out if you're good. Or wait until Monday and speak with a professional.

Goodness sakes.[/QUOTE




Thanks for all your helpful advice.......Again.

[MyAlberta]

Originally Posted by y3rbua

This morning no sorry no nothing just told me that they can't move in on the agreed date of July 1st because there current place wouldn't let them go because they didn't given landlord a months notice. (This even shouldn't be my problem

Thank you very much.

As a landlord, life will be cruel if you can't make a simple call for references. Does breaking the lease have a prescribed penalty written into your contract?

[R3illy]

ive seen this scenario come up in a few landlord groups im a part of. You may find out that you cant keep their damage deposit..

I never understood it and thankfully ive never had to deal with this issue myself.

[Sledin]

I'm a landlord, when I'm given a deposit before move in, it is a deposit that goes against first months rent, the receipt I give them it is clearly stated. The damage deposit is given at move in with the rest of the first months rent.
The only damage they can do before you give them the keys is back out!
I'd say try to find a new renter, but they only get the remainder of the deposit minus damages.


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[CaberTosser]

I think it would actually be doing this person a favor to keep the money that represented the first months rent that they reneged on, reason being is it is the only way they will learn a valuable lesson. That and the fact they reneged on an agreement. To bail them out their own mistake would be doing both them and society in general a disservice, because they will continue making dumb decisions if they perpetually get bailed out by the kindness of other more competent people.

[Sledin]

Isn't it just common sense in business 101 that a deposit is money put up as collateral on a contract?
If it's not, then as a seller/landlord I could back out of the contract too if a better price or tenant comes along.

That would be the logic behind "putting your money where your mouth is" on a contract.

The second lesson in business is ALWAYS get it in writing.....
Third is use a lawyer when you can't afford to lose.


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[MooseRiverTrapper]

Originally Posted by CaberTosser

I think it would actually be doing this person a favor to keep the money that represented the first months rent that they reneged on, reason being is it is the only way they will learn a valuable lesson. That and the fact they reneged on an agreement. To bail them out their own mistake would be doing both them and society in general a disservice, because they will continue making dumb decisions if they perpetually get bailed out by the kindness of other more competent people.

Haha damn right

[R3illy]

Originally Posted by Sledin

I'm a landlord, when I'm given a deposit before move in, it is a deposit that goes against first months rent, the receipt I give them it is clearly stated. The damage deposit is given at move in with the rest of the first months rent.
The only damage they can do before you give them the keys is back out!
I'd say try to find a new renter, but they only get the remainder of the deposit minus damages.


Sent from my iPhone using Tapatalk

Interesting angle that ill need to remember. As far as what ive read a deposit for damage deposit must be given back if someone bails on the place.

Your scenario would change the problem in giving anything back if someone bails before moving in.

[y3rbua]

Hello everyone thanks to all who replied and to those that will still be.

I am sorry if I put this out in the forum and yes, I did google Service Alberta and I just can't seem to find my situation in there and upon digging up more this forum came up with the same Title some years ago in 2014 but it wasn't the same scenario as his so I decided to post it again with the same title.

she asked for her SecDeposit and I said I have to get back to her and talk to a lawyer first and said this: "I already called landlord tenant this morning to see if you were aloud to do that the lease doesn't state anywhere in it if we break it damage is kept nor does it say anywhere a deposit or part of its kept they only cover the lease once the tenant has actually moved in we haven't so we are not considered tenants yet - so is what your telling me then is that your not willing to give me my damage deposit back?"

I haven't told her what my plan is yet but I think she has done this a couple times so she's more experienced - I used the Alberta Tenancy Act Agreement as a contract/lease. and they were supposed to move in on the 1st of July.

This is only my second time renting to someone.

[CaberTosser]

If you were calling it the damage deposit instead of the first months rent then the error may well be yours. Now the lesson may be in your court. Always call it either rental deposit or first months rent, but whichever you choose, do it in writing. I love emails for such things as the communications are all right there for reference.

Now that the issue is settled, do you prefer .30-06 Springfield or .270 Winchester? Fly fishing or ice fishing?

[ctd]

Is a lease agreement not a legally binding contract on both parties part. If they do not honor the lease are they not still liable for the terms.

To me it seems like they got a better deal elsewhere.

[y3rbua]

Originally Posted by ctd

Is a lease agreement not a legally binding contract on both parties part. If they do not honor the lease are they not still liable for the terms.

To me it seems like they got a better deal elsewhere.

My thoughts exactly but based on what she said it's not.

[ctd]

If you read the tenants act it talks about security deposit can be applied to money owed for rent.
It does not specifically state before, during or after. Just that it can be used if rent is not paid.
If it was worded as damage deposit then no such use of the money.

What I would do is tell them you will hold their security deposit for the month so they can give proper notice and they can move in on the first. If they deny the offer then keep the money.
You tried to be reasonable, they had a signed contract with you, paid the security deposit. Its their loss.
They might make a complaint but i doubt it. Even if they did. They are the ones who backed out on a signed contract.

Or give the money back and be glad you dont have these people as tenants.

[roughneckin]

Originally Posted by ctd

If you read the tenants act it talks about security deposit can be applied to money owed for rent.
It does not specifically state before, during or after. Just that it can be used if rent is not paid.
If it was worded as damage deposit then no such use of the money.

What I would do is tell them you will hold their security deposit for the month so they can give proper notice and they can move in on the first. If they deny the offer then keep the money.
You tried to be reasonable, they had a signed contract with you, paid the security deposit. Its their loss.
They might make a complaint but i doubt it. Even if they did. They are the ones who backed out on a signed contract.

Or give the money back and be glad you dont have these people as tenants.

Yup I’d be happy to give them their money back and walk away. Not worth it. They might turn around and say they will keep it then and will make your life hell.

[1899b]

Originally Posted by rem338win

You signed up to an outdoor forum to ask legal advice on a landlord tenant issue. We hunt. We fish. Some of us may actually be lawyers or have experience in that area. That does not make this any less bizarre.

You need to Google Services Alberta and look the Act up. Read the regs and figure out if you're good. Or wait until Monday and speak with a professional.

Goodness sakes.

No more bizarre than all the non lawyers here that give armchair legal advise all the time.

[rem338win]

[QUOTE=silver lab;3802530]

Originally Posted by rem338win

You signed up to an outdoor forum to ask legal advice on a landlord tenant issue. We hunt. We fish. Some of us may actually be lawyers or have experience in that area. That does not make this any less bizarre.

You need to Google Services Alberta and look the Act up. Read the regs and figure out if you're good. Or wait until Monday and speak with a professional.

Goodness sakes.[/QUOTE




Thanks for all your helpful advice.......Again.

Yep, I'm more than willing to tell someone to ask a pro when it comes to legal matters.

And feel free to put me on ignore if I find it very odd that a person signs up and uses their first post for something like this. Color me stupid, but my first choice for legal advice isn't likely to be the dog and pony show called AO General Discussions.

Originally Posted by 1899b

No more bizarre than all the non lawyers here that give armchair legal advise all the time.

Exactly. Grab the popcorn and watch the decline.

[bergman]

Originally Posted by ctd

If you read the tenants act it talks about security deposit can be applied to money owed for rent.
It does not specifically state before, during or after. Just that it can be used if rent is not paid.
If it was worded as damage deposit then no such use of the money.

What I would do is tell them you will hold their security deposit for the month so they can give proper notice and they can move in on the first. If they deny the offer then keep the money.
You tried to be reasonable, they had a signed contract with you, paid the security deposit. Its their loss.
They might make a complaint but i doubt it. Even if they did. They are the ones who backed out on a signed contract.

Or give the money back and be glad you dont have these people as tenants.

If you keep it and make them give 30 days notice, they will have the right to "live there" for those 30 days, and who knows what kind of state they will leave the place in at the end of those 30 days.

One month's rent lost will pale in comparison to what you could be on the hook for in damages & cleaning. You might come back and the end of the month and find it had been sub-let for weeks to people you never met.

Take the loss, & consider yourself lucky. The biggest risk in renting is not 'finding a renter'. It is finding a renter who won't cost you 10 times more than they pay in rent.

[Ken07AOVette]

If they are that bad already and you are having problems with them before they even move in call it a learning experience and move on. Give them the money back if you feel obligated to do so but cure the headache first and do your research further next time.

[R3illy]

the landlord and tenant act clearly defines what must happen in this scenario. If you do anything other then that your tenant can file a complaint and they will win.

Youll end up losing more by trying to screw the renter over.

I believe you can keep minor expenses for re renting the unit. You wont be able to keep all the damage deposit.

[ctd]

Originally Posted by R3illy

the landlord and tenant act clearly defines what must happen in this scenario. If you do anything other then that your tenant can file a complaint and they will win.

Youll end up losing more by trying to screw the renter over.

I believe you can keep minor expenses for re renting the unit. You wont be able to keep all the damage deposit.

He originally stated it as a security deposit. Is different then a damage deposit.
Both are stated in the tenants act. Both have very clear designed uses.

For those saying armchair lawyers or internet warriors.
How about you read the law in place its pretty simple reading.

[RandyBoBandy]

Originally Posted by 1899b

No more bizarre than all the non lawyers here that give armchair legal advise all the time.

^^^ This all day long

[MyAlberta]

The security deposit is just that, security for you as a landlord should the tenant cause financial harm. If you have contracted with the tenant for possession, and they fail to pay the prescribed rent, you serve upon them eviction, and withhold security until the rent for that period (monthly unless termed otherwise) is paid. You must, as a landlord, make the premises available to them for that period. If you can find another tenant, the loss can be reduced, and you would return the difference.

Talk with legal council for sure, as there are timelines you must meet.

[R3illy]

you dont need a lawyer LOL. There are lots of free resources a landlord can turn to help clarify any issues.