Question about damage deposit and court`s judgment

[sam]

Hi Everyone!

Our tenant signed 1 year contract with us, and they did not make the payment this month. We got the court`s judgment that they must pay 1 month rent and move out the

end of this month. My question is : if they clean the house, then I just keep the damage deposit to cover with the rent they owned. Or can I keep the damage deposit to

cover for the vacant next month( If we can not find the new tenant) and collect the amount they owned by wage garnishment.


Thank you very much for any advice,

 

[PropertySolution]

What province are you in?

 

[ontariolandlord]

QUOTE (PropertySolution @ Aug 30 2010, 03:18 PM) What province are you in?
That`s right. It really depends on where you are.

In Ontario, "damage deposits" are illegal.

 

[Sherilynn]

Chances are that if the Court has ordered that they move out at the end of the month, then that is it for their rental obligation. Perhaps it is different for other provinces, but that is how it works in Alberta.
As for keeping the deposit, that really depends on the province. In Alberta you can keep it to cover any costs associated with the tenancy (unless the lease states that it is specifically a "damage" deposit) but other provinces are very strict with deposits.

Regards,
Sherilynn

 

[sam]

QUOTE (Sherilynn @ Aug 30 2010, 10:04 PM) Chances are that if the Court has ordered that they move out at the end of the month, then that is it for their rental obligation. Perhaps it is different for other provinces, but that is how it works in Alberta.
As for keeping the deposit, that really depends on the province. In Alberta you can keep it to cover any costs associated with the tenancy (unless the lease states that it is specifically a "damage" deposit) but other provinces are very strict with deposits.

Regards,
Sherilynn


Yes, I`m in Edmonton, AB. Thanks you very much !

Sam