How to claim the damage?

[kennielo]

One of my tenants is leaving next month. Her kids make the wall and carpet so dirty which will spend me hundreds to paint and clean. But the property manager said I am not able to claim the damage even if we have the move in inspection report (we don`t have in this case). Also, my PM suggests I can`t ask for the damage deposit from the next new tenants if they don`t have pets or smoke. I am seeking the help if someone can advise me the solution. Thank you for your help in advance.

 

[MikeMcCrae]

I don`t know Ontario law but That sounds just wrong. Talk to another property manager and see if you are getting factual information.

 

[SamEfford]

I would also check with the Landlord and Tenant advisory board. Sounds like you need a new PM.

 

[Nir]

Landlord`s self help centre is at 425 Adelaide St. W. 4th floor, Toronto. Tel: 416-504-5190.

Good luck.

 

[Ready4Rent]

If the damages etc are expected to be over 400.00, pursue it. It isn`t that complicated, and your PM should have all the info necessary. Move-in inspection with pics, and move-out with pics. Repair the damage, then pursue for costs. Small claims is easy to file as long as you have the all the info. Your PM should also be set-up with a collections firm to handle getting the funds after judgement. Some charge more than others so check around.

Hope this helps

John
Ready 4 Rent
1-519-732-0012
www.Ready4Rent.ca

 

[FayWong]

QUOTE (kennielo @ Feb 10 2008, 11:43 PM) One of my tenants is leaving next month. Her kids make the wall and carpet so dirty which will spend me hundreds to paint and clean. But the property manager said I am not able to claim the damage even if we have the move in inspection report (we don`t have in this case). Also, my PM suggests I can`t ask for the damage deposit from the next new tenants if they don`t have pets or smoke. I am seeking the help if someone can advise me the solution. Thank you for your help in advance. Why don`t you have a move in inspection report? If your current property manager was the one who rented to them you should get a new manager. Move in reports are very important-with pictures. Why would he suggest you not get a deposit from the next tenants? You know from this tenant how much damage can be done. The idea of not protecting yourself with a security deposit baffles me. Where is this property? Perhaps the rules there are different from what I am familar with. You need advice from someone in your area.

 

[Grant]

It really sounds like your property manager is out to lunch.

You should definitely have a move-in report, and I have no idea why you wouldn`t get a security deposit in the future.

You should definitely try to get something out of this, but if you can`t, I would consider it a lesson learned and get a new property manager.

 

[RobCadete]

We cannot ask for a security deposit in Ontario. Not as lucky as you guys out west.

I had a situation where the Landlord Tennant board actually told me that holes in walls and carpet stains are normal wear!!!!

Yes...and the landlords are the a-holes...

 

[kennielo]

Thank you all for your advice. It`s helpful. I double checked with LTB and I got the same answer as RobCadete`s. It`s my first property and i didn`t have the PM when I signed the contract and I didn`t have the move-in report with pictures. It should be a costly lesson.