For this assignment, explain how you would deal with a landlord refusing to repay a damage deposit for a rental apartment after you have moved out.

The scenario

Imagine that you finished high school in BC, then went to study at the University of Toronto for several years. For your last year there, you shared an apartment with a fellow student. The suite rented for $1500 month and you were required to pay a damage deposit of $750 which was returnable with interest upon vacating.

You and your friend finished your studies and moved out. He went back to Nova Scotia and you planned to return to BC. Since he was leaving a week earlier, and to simplify things, he asked if you could give him $375 for the damage deposit then you could get the full amount from the landlord. First, you checked with the landlord to determine that you would get it all back. He said that as long as you left everything as it was, you would get the deposit back. You gave your friend $375. The landlord promised to mail the $750 cheque to your BC address.

The cheque never arrived. You contacted the landlord by email. He said that you and your friend left the place in a mess. He had to hire a professional cleaner and had to paint the whole place. He told you that you were lucky that he wasn't claiming more money from you. You contacted your old roommate who is now in Nova Scotia and he said that he doesn't have the money to pay you.

You look up your options. You would have to file a claim with small claims court in Ontario.

Your father tells you to drop it and move on with a lesson learned. Your mother tells you to pursue this on principal.

Your assignment

Write statements explaining both of your mother's and father's positions(statements 1 and 2), then create a statement (statement 3) in which you explain your chosen course of action based on the material that you learned in this unit. You might have to do some research depending which course of action you choose.

Finally, create statement (#4) in which you explain what you could have done to make the contract with your landlord and the verbal contract with your roommate more easily enforceable.