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Tenant rights

I posted the following:

“I’m just wondering my rights as a tenant before I give my notice. Things aren’t working out with my roommates and I found a new place to live.

I’m not on any lease and I have never signed anything so the RTA doesn’t apply to me (from what I read). Can I give notice that I will be moved out by may 31? And can they withhold my damage deposit?

I have no damaged except for a couple of dings and tacs(which they confirmed wa ok when I moved in).

I’m just looking for some guidance.”

STORY CONTINUES BELOW

I do have receipts saying I paid damage deposit and also my back up e transfer confirmations and emails. I live in an apartment, and they are under the lease but I am not. We discussed that I would give notice when I was moving – never said how much notice. However, there has been illegal drug use here, which is part of the reason why I am leaving.

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32 Responses

  1. If you didn’t sign anything there is no agreement. Even with a receipt, without a signed piece of paper showing what that’s for, you have no rights. The emails stating what the $ is for would likely help you in court if they are going to be jerks. The longer it takes you to tell them, the more likely they are to be jerks.

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    • Not necessarily true. Having something in writing isn’t necessary for a contract to be binding. But similar to what you said, the longer it takes for OP to notify whoever is actually holding the damage deposit, the harder it’s going to be to get it back.

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    • default lease when nothing is signed is a month-to-month lease

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    • The landlord tenant act states that where no lease is signed it becomes a month to month agreement. Notice would have to have been given the last day of April.

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    • The landlord tenant act states that where no lease is signed it becomes a month to month agreement. Notice would have to have been given the last day of April.

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  2. how do you have a security deposit in your name but no lease? also, the default lease when no written one exists is a month-to-month tenancy meaning you have to give 30 days notice. if you give less than 30 days your landlord can keep your security deposit as payment for rent in the month following your 30 days notice.

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  3. If you are in a situation you feel uncomfortable with…that’s Jiminy Cricket telling you to Pack your stuff and get lost… Cut your losses if it’s really worth the trouble. If u have any hydro in your name disconnect as well. They will find a way to work their lives out. U maybe friends in years to come and laugh about it over coffee…..or hug and make up!!! Your feeling of security comes first. Everyone is different. Tc

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    • get outta here with your “hydro”. this is Alberta — we have power bills, or electric bills if you wanna get fancy.

      hydro. lol

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    • Bill Engvall*

      (point was we don’t use hydro in edmonton — we’re coal burners. i can’t speak for the rest of Alberta tho but I couldn’t imagine there’s too much opportunity for hydro in this water-less province of ours)

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    • Bill Engvall*

      (point was we don’t use hydro in edmonton — we’re coal burners. i can’t speak for the rest of Alberta tho but I couldn’t imagine there’s too much opportunity for hydro in this water-less province of ours)

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    • you don’t have to apologize for your multi-provincial upbringing. my parents moved here from Quebec right before i was born and i always felt the need to apologize for that even tho Montreal is hands down 1000x cooler than edmonton.

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  4. Ginny Maria Ginny Maria says:

    Ack. Do yourself a favour and call the Landlord and Tenant Advisory Board. Do not listen to armchair lawyers…

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  5. Karen Marie Karen Marie says:

    You still need to give 30 days notice if you ever want to see your damage deposit
    You might have to go to the tenancy board to get it back but if you copy a proof of 30 days notice starting at the beginning of the month unless you can have them sign the notice that they agree to your notice then have yourself a copy along with mail of yours sent to your present address so it’s enough proof of residency if you need to go to the tenancy board

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  6. Susan Csapo Susan Csapo says:

    Ask for mike

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  7. Sharon Swan Sharon Swan says:

    I would call tenants and landlord board to find out what the rights are that you have or don’t have .. if you have nothing written that will be a way out for you as well as the ILLEGAL drug use there that you want no part of …. landlord will need to be contacted about your share of the dd … so the other person will need to find someone else to move in or they will have to come up with the damage deposit … sometimes the landlord just keeps the dd and the other person just pays the one moving out their share that they paid …

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  8. Julia Bryce Julia Bryce says:

    Does the actual landlord / owner even know you are living there? Most want EVERYONE whom resides there named on a lease. Who did you actually give your DD to? Your roommate or the landlord??

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  9. If you don’t give 30 days pro-rate per day and lose balanceowi g from security dep

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  10. Chasity Parr Chasity Parr says:

    No lease. Not even required to give notice. However most apartments consider it trespassing if you’re living there and they have no record of it. Considering you paid your roommate the DD I dont think you’ll be getting it back.

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