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Originally Posted by 1337
I'm looking for some advice regarding collecting my damage deposit. It's been almost two months and my landlord has not returned my deposit. During our inspection of the unit, he noticed a nick on the tub due to the shower rod consistently falling off from normal use. As a matter of fact the rod had come off on it's own the first day I had moved in and heard a bang coming from the washroom. I had tried filling in the nick prior to moving out to the best of my ability. It's clear that he wanted it back to as of new condition. This was a brand new unit and everything else in the unit was returned back in original condition. I'm respectful of how I use my space and had explained to him about the tub. Any idea as to what I can do to move forward with this as we dont see eye to eye? Thanks
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Your landlord can't hold your deposit. He has to give it back within 15 days of you moving. If he wants to claim damage he has to take you to arbitration.
BC Landlord and Tenant Resources - Damage Deposit
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Unless the Landlord has the tenant's written consent to keep all or part of a deposit or has an outstanding dispute resolution officer's order that can be applied against the deposit, the Landlord must return the deposit plus interest within 15 days after the tenancy ends, or apply for dispute resolution with the Residential Tenancy Branch to make a claim against the deposit. The 15 day period commences when the tenancy ends or the Tenant provides a forwarding address in writing, whichever is later.
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Tell him you are going to take him to arbitration if he does not pay you back. Did you do a condition report before you moved in?