We're looking for a legal advice in Calgary. We've just received a "Notice of Hearing" from the Residential Tenancy Dispute Resolution Service". One of our previous tenants is suing us for withheld DD. It was a disaster when they left and we have proof of that in a form of pictures. In their claim they fabricated a lot of stories that are not true. We need to make a counterclaim with the help of somebody specializing in this area. Any recommendations or contacts will be greatly appreciated.
Depends how big the claim is. No lawyer will get involved in this and go to the hearing for you etc for less than 1000-2000.
You might have some luck with a civil enforcement agency... try Consolodated.
If it's just a security deposit and nothing else you're probably better off money wise by telling your own story. That's how the RTDRS works... it's like "judge Judy".
If you have a good lease, photos, followed the rules etc. you will do fine and I have found the Calgary RTDRS to be pretty fair. If you don't have any of this a lawyer won't be able to help you anyway!
It's not the damage deposit I'm worried about. I did everything by the book. I have pictures. It's the additional compensation that they claiming. I've just received a copy of their claim and I couldn't believe what they wrote. They came with false stories of my negligence as landlord. They even included false statements from two people that I've never seen or heard of. Apparently they even going to bring two witnesses to the hearing that I have no idea who they are. They are from BC so they are claiming travel expenses to Calgary to start this process, accommodation, meals, car rental, lost days from work etc. etc. The thing is that it's my word agains theirs. I always treat people the way I want to be treated. I just can't look at everybody as a crook. On top of that at the beginning of all this, they sent an email advising me that they work for the government so I better watch. I'm not sure what they were trying to say by that. True, english is my second language. But one of the reasons I came to Canada leaving family and friends behind was so I don't have to fear government workers. Looks I was wrong.
[quote user=pmaria] always treat people the way I want to be treated. I just can't look at everybody as a crook. On top of that at the beginning of all this, they sent an email advising me that they work for the government so I better watch. I'm not sure what they were trying to say by that. True, english is my second language. But one of the reasons I came to Canada leaving family and friends behind was so I don't have to fear government workers. Looks I was wrong.
These guys sound a lot more like professional tenants than evil Canadian government workers.
If you have all of the documentation together and did everything by the book, and are willing to spend 1500-2000 on this to avoid a larger claim you could use my lawyer.
Cass Lintott
Lintott Law
(403) 230-3343 (main)
(403) 520-2283 (direct)
(403) 230-3477 (fax)
129 ` 17[sup]th[/sup] Avenue N.E.
Calgary, AB T2E 1L7
Note that the way the RTDRS forms are laid out it makes it easy to trump up a claim. I had a tenant try and take us for nearly $14,000 a year and a half ago. She got 600 (100 per month x six months), I got the termination of the lease that I wanted.
It is very important to have written records of all communication. Make sure you bring proof of any threatening / bullying emails as it will help to diffuse the claim against you.
Thanks so much Brett. At this time I'm gathering lease documentation, receipts for repairs, pictures, emails etc. etc.
I've already contacted a civil enforcement agency like you suggested. A few years ago they helped me to evict an aggressive tenant for not paying rent. They said I should be fine and without any proof of their false stories it's just their word against my word even with they "statements" and "witnesses". Just wondering if any statements from my current and former tenants would help?. I can even present at the hearing receipts for returning DD to all tenants for the last eight years. Even to a couple that moved back to France. I just sent them DD back to Paris. What's your thought about that? It's just the first time I'm dealing with something like that. Thanks.
When I was there with this very troublesome tenant a year and a half a go she actually did most of my job for me...
If the claims are truly unsubstantiated it will become apparant to the dispute resolution officer that it is a money grab. In my experience they don't like anyone getting up on their soapbox and blowing a lot of hot air.
Just stick to the facts for this lease, make it clear you followed the residential tenancies act and don't say more than you need to. If it is truly your word against theirs I think it's very unlikely the RTDRS would award a big claim in anyone's favor.
You're right. The hearing went exactly the way you said. Most tenant claims were thrown out by hearing officer. We didn't get a decision at the time of hearing due to time limitation for the officer. We'll know exact numbers on May 2nd. Thanks again Brett.
You should expect a small settlement to the tenant to placate to them a bit... In my case a ~$14000 claim ended up being whittled down to $600 (100x 6 months). However that came with a court order to terminate the fixed term lease effective at the end of the month which is what I was after, so I was happy to pay up.
