Together we are strong!
Posted by Ken S. on 8/22/2009, 10:06 pm, in reply to "Re: return of rent deposit"
I've never had this situatio0n before but to me i believe your deposit can not be returned. Landlords routinely ask for deposits so that once someone agrees to rent the unit they stop showing the unit and hold it for you. This costs them money of course.
I think even the quietest units have their bad days. Not saying this is definately the case here but you said you didn't even move into the unit so how much time could you have possible spent there just standing and listening to the noise?
With there being no lease i would maybe just decide not to move in and give up the money you paid technically you are not a tenant and would have to file this as a civil matter.
Another risky route is to move in hope that the tenants are not noisey and if they are ask them to stop. If not i guess you can ask the landlord to ask them verbally and through LTB notices like N5 possibly N7 for violating noise bylaws. However keep in mind that organizations such as this one will offer free legal services to the tenants you have complaints about in LTB and civil matters which can be used to fend off landlord action. You will be fighting wars on 2 fronts.
Personally i would cut my losses and move on.
--Previous Message--
: ps. I didn't sign a lease
:
: --Previous Message--
: Maybe. But that money is in their pocket
: and
: very doubtful they will give it back to you
: voluntarily. You would have to prove at
: either the Landlord tenant Board or Small
: Claims Court that this money was taken
: fraudulently. Not easy.
:
: If you signed a lease, you also risk the
: landlord claiming that you breached and that
: you have to pay more.
:
: There is always some risk in who your
: neighbours might be..... but if that was
: your main criteria and you had a
: promise..you may have a case.
:
:
:
: --Previous Message--
: I had given the owner of a house for rent
: first and last month deposit, for renting
: the first floor. I had specifically asked
: him if the house was quiet (there are 2
: bachelor apts in the basement). WHen we
: went to move in one of the tenants
: downstairs had her music blasting. This went
: on for hours and could be heard all over the
: main floor unit.
: Later the other tenant started playing his
: guitar which could also be heard all over
: the main unit.
: I feel the rental was misrepresented to me
: since I specifically asked if the unit was
: quiet. I told the landlord I would not be
: moving in because of the noise and it would
: continue to be an issue. So we didn't move
: in at all.
: Am I entitled to any return of my deposits??
: THank you!
:
:
:
:
:
:
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