Rental deposits are often a source of dispute between landlords and tenants when a lease is terminated.
Under what circumstances can deductions be made from the deposit?
The Rental Housing Act regulates the payment of a deposit and what should be done with it at the expiration of a lease.
Consumer journalist Wendy Knowler sat down with Pippa Hudson to discuss this and what to do if a landlord withholds a deposit with vague claims about damages.
Knowler says no one has the right to arbitrarily demand that you pay for something without substantiating how they arrived at that amount.
The deposit in full or part may be withheld by the landlord or the agent on the departure of a tenant in order to remedy the damage caused by the tenant but they can't just simply refuse to refund by making a vague claim.— Wendy Knowler - Consumer journalist
They can't just arbitrarily thumbsuck a number. They have to substantiate by way of invoices.— Wendy Knowler - Consumer journalist
The key to protecting yourself as a tenant is that you have to insist that both you and the landlord or rental agent must attend both an entry and an exit inspection.— Wendy Knowler - Consumer journalist
According to the act, if the landlord fails to inspect a dwelling in the presence of a tenant, this is taken as an acknowledgement by the landlord that the dwelling is in a good state and that the tenant must then be refunded the full deposit, plus interest.
Click on the link below to hear the full conversation...
This article first appeared on CapeTalk : [LISTEN] At what point is your landlord not allowed to withhold your deposit?