Deposit for rent?

Q. A few weeks ago my renters gave written notice they are leaving the end of this month. Yesterday they came with a cheque for half this month’s rent, saying I could keep the security deposit against the other half. This doesn’t seem right; now I have no security against anything they might owe me once they move out. Should I have taken the half month’s rent?

A. Yes, you should have taken the half month’s rent, however that’s not all of the answer... The Residential Tenancy Act specifically prohibits a renter from applying the security deposit to the last month’s rent, unless the landlord agrees. So let your renters know that fact; hopefully the rest of the rent will quickly be paid. If they don’t pay it you can issue a 10 day Notice to End Tenancy for Non Payment of Rent, and even apply for an Order of Possession. However, at best that Order would be effective close to the end of the month, so you wouldn’t gain much. Unfortunately, there’s no "quicker" answer to this question.

-- LandlordMentor

Where do I send the deposit?

Your outgoing renters left three days early; you weren’t able to schedule a move-out inspection. The law says you have to return their security deposit, get the renters’ agreement in writing to keep some or all of it, or file for dispute resolution to claim against the deposit, but you don’t know where they are so you can’t do any of these.

You don’t have to do anything! It’s up to the renters to provide you with their forwarding address in writing. Once you receive it, then you have 15 days to take one of the above three steps. If you don’t receive their forwarding address within one year, the deposit is forfeited to you.

-- LandlordMentor

"Security" deposit, not "damage" deposit

Your outgoing renters damaged a cupboard door. You said you would keep $150 from their security deposit to cover the repair costs. They said you can’t do that. They are right!

Landlords need to understand that security deposits are just that – deposits of the renters’ money with the landlord. If you had a $350 security deposit and you applied $150 to damage done during the tenancy, this means you only have $200 left at the end of the tenancy to apply to lost rent, damages to the suite, liquidated damages, unpaid utilities - you name it!

At the end of a tenancy the landlord must either return the deposit in full, get the renters’ agreement in writing to keep some or all of it, or file for dispute resolution to claim against the deposit for money owed. (Never apply to keep the deposit before the tenancy is over!)

-- LandlordMentor & AdviserToTheAdvisers

Another bill?!

Surprise! You just received an invoice for $115 for a plumber to unplug a toilet in your rental unit. Do you pay it?

Because your renters didn’t notify you of the problem and give you a chance to fix it or call your own plumber, your renters are responsible for paying this bill. (Incidentally, don’t use that plumber; s/he should have contacted you to determine whether to invoice you or the renters.)

-- LandlordMentor