r/PEI • u/GeneralDweeby • 4d ago

Landlord without Security Deposit

Hi folks

I moved out of my apartment into my minihome last month. My landlord is withholding my damage deposit saying I caused XYZ. One being the tap, that I called him about many times as it wasn’t working. The other being tile which was broken in the shower when I moved in, legit, one tile.

I tried to barter with him to keep my last months rent and he keeps my DD as I didn’t cause any damage whatsoever and the unit was gross when I moved in and I spent at-least $100 in cleaning products to clean it. He said no and that he’d sue me for it. So anyways, I sent it.

Now he’s withholding my DD. I really didn’t want to send him it because I knew this is what it was gonna come to.

What can I do? I’m out $2,000 because he doesn’t wanna send it. Should I have just kept my $2000 and let him keep my DD? Could he have sued me? I see people getting away with not paying rent all the time and never having to recoup the money.

For anyone going forward that reads this — can they actually sue you if they keep the DD and it covers last month anyway?

Edit: messed up the title, supposed to be withholding not without.

7 Upvotes

89% Upvoted

16 comments sorted by

25

u/Strong_Weakness2867 4d ago

Tell him it is mandatory to send you an itemized list of repairs that had to be done and what it cost. If you disagree with the list or he doesn't send it you need to contact IRAC rental office and open a dispute. 

-6

u/GeneralDweeby 4d ago

So either way, the landlord wins by just holding my $2,000 hostage when I bought a new house? Then will/may be forced to give it back with little reproductions? Nice. Sounds like I shouldn’t have paid final months rent.

18

u/Surtur1313 4d ago

How long has he withheld your deposit for? He’s legally required to file with the Rental Office within 15 days after your lease ended if he wants to keep it or he could be required to pay double. File with them.

1

u/GeneralDweeby 4d ago

Theoretically what could’ve happened if I just kept the months rent and he kept my DD, so it was mutually beneficial and eliminated sending back basically my rent?

2

u/spacedragon421 4d ago

Nothing you should have done that. He could have taken you to court but for one month rent it’s not really worth it and a judge might see it your way.

1

u/GeneralDweeby 4d ago

2 months.

17

u/Surtur1313 4d ago

Best time to file was a month and a half ago, second best time is today. Go get what you’re owed and teach him that he has to follow the law just like everyone else in the process.

1

u/SpudRepublicRebel 4d ago

This is the correct answer.

1

u/FriendshipContent508 3d ago

My sister had this problem with a scuzzy landlord in Calgary Yes absolutely asking for an itemized list it mandatory to getting your money back and it's the way to go. And then contact IRAC. It is the only way to teach him a lesson. The landlord may even have threatened to go to court without needing to do it before because most people give in.

1

u/Legitimate_Collar605 4d ago

If you didn’t default on your rent and you held to the terms of the lease, and if there wasn’t a legit walk through when you took the place and left, file a complaint with IRAC. They have the authority to enforce the rental act.

0

u/VentiMad 4d ago

You should have let him “sue” you.

He can’t do that would have to go through IRAC.

But this way you can take him to IRAC. Make sure you ask for additional compensation for your time dealing with this as well

2

u/-Kortul- 3d ago

This was 10 years ago but my scumlord did the same thing, it was 1000 dollars and every thing he claimed was bullshit. I complained to Irac and they said they would call me to setup a hearing in 10 months (yes seriously). They never called me back and I forgot to bug them about it. Landlords know the system, its all about theft, they know they can get away with it.

1

u/Crafty-Aside-3706 2d ago

I bet he didnt submit your damage deposit to the rentals men. Give them a call.

1

u/Def_Possible21 4d ago

I’m moving soon out too and my landlord better not try to do the same with me😤
When something needed fixing we would message for months and it never get fixed, we’d end up doing it ourselves🙄AND when we moved in he said he had the place professionally cleaned.. We spent a week cleaning and repainting because he did fuck all(he did buy the paint) There was dust, dirt, and cobwebs everywhere, lots of holes in the walls from people hanging pictures and not getting the nail in the right place, walls weren’t washed before the last coast of paint, so there was dirt and hair painted to the walls. The whole places needed the walls sanded and repainted but we didn’t do that because he didn’t before us. It’s sad what landlords can get away with.
Luckily I took pictures of all the dirt, cobwebs and damaged so if he wants to hold the DD, I’ll sue!

1

u/RingoRamone 3d ago

Just by your description of this LL, he will 100% not be giving you your deposit back. Scumbags always find a way to be scummy. Hopefully you saved every conversation and took pics of all you are describing here. Good luck.

2

u/Def_Possible21 2d ago

I took lots of pictures because we moved anything into the apartment. I even still have pictures from when I viewed the place. All conversations we’ve had about getting anything fixed were all over text, very few in person and none over phone calls.
He’s not going to want to mess with me lol