This is my first time encountering such a problem, so I apologize if asking here is inappropriate.
I shared a room with an Indian girl for a month. To put it bluntly, this experience was absolutely awful. She and the other roommates used everything messily, and the kitchen was swarming with bugs. Worst of all, she'd talk on the phone with her family in India all night long, until 5 or 6 in the morning. Even when I asked her to at least use headphones, she ignored me and kept talking. When she listened to music, she always used speakers too—it seemed like she didn't even own headphones.
Unable to endure this lifestyle, I asked to move out after just one month, and she agreed. She also said she would return my deposit on the day I moved out, so I believed her.
However, she repeatedly lied, saying things like "I'll return it tomorrow," "Let's meet today," "I'll transfer it by noon today," or "There's a problem at the bank, I can't transfer it," without ever providing any proof of these issues.
When I finally snapped and called her, she lied again, saying things like "Everyone's asleep, so I can't talk on the phone" or "I'm busy with work." This despite the fact that while we lived together, she didn't work and spent all day at home on the phone, showing absolutely no consideration for others. I sent her a transfer request, so all she needed to do was press the approval button.
It's already been 21 days since I moved out. Based on information I found here, I learned I need to provide a pickup location. So, I re-sent the name and the post office where I can receive it. 10 days have passed since then. (Given her character, I feared giving her a new, accurate address might endanger my current roommate too.)
Can I file a formal complaint with RTB in five days? I have screenshots of all our exchanges. She directed me to WhatsApp and turned on disappearing messages, but I screenshotted everything. Currently, I'm likely blocked on WhatsApp, Facebook, and SMS, and my money request is being ignored.
One concern is that, according to her claim, she was subletting the house from the original landlord to me. I don't know the original landlord, and all payments went to her. Can I still file a complaint against her in this case? I have her address, email, and all contact details.
Thank you for your help.
You'd file through the Civil Resolution Tribunal, not the RTB in this case - since you were a roommate/occupant and not a tenant.
So all the RTB rules you're been reading don't apply.
Also - sharing a room? Loke 2 people sharing the same bedroom??
Thanks for your reply! Yes, we were sharing a room. It was listed as a private room, but in reality, two people shared the room, which also fueled my distrust. Does that mean I can't file a complaint with RTB?
Did you sign a tenancy agreement with the landlord? If not, the residential tenancy act doesn’t apply and therefore you’d need to sue them for it through the courts.
No... Our exchanges are documented via SMS, but there's no written contract. Is it hopeless? I don't even know if that landlord actually exists. I truly regret it...
Verbal contracts are still contracts, so if anything it helps your case as they don’t have any written terms on why they could keep your deposit, so the tribunal needs to use “common-law” that the deposit can only be used for damage to the unit and not some of penalty or something.
As mentioned above, if the person isn’t paying you back you file the civil resolution tribunal, which can cost up to $150, which can be added to your claim.
Really?! Is this the right place for small claims court? It's in BC!
https://justice.gov.bc.ca/cso/index.do
Also, she's still listing the room. If I leave a comment calling it a scam, could that be defamation or put me at a disadvantage in court? I don't want any more victims...
You want to go through the civil resolution tribunal. It’s like small claims but for disputes under $5k. It’s a more accessible and cheaper than small claims court, and will still end up with a legal order at the end if you win. It’s similar to the RTB process, if you were a tenant.
https://civilresolutionbc.ca
I see! Thank you so much. I've read the other replies, but besides email notification, do I need to send her a written notice? Once that's done, can I formally file the claim? Sorry for asking so many times🥲
Before going to a tribunal you should have attempted to resolve the situation directly to save the upfront costs and everyone's time. You don't need a formal letter or anything, but you should have some clear communication that you have requested the deposit back in writing (email, letter, maybe not text, but that is fine) and with a timeline to return it.
Then after that timeline, then file with the CRT, the first step with the CRT is them just asking you guys to try and resolve the situation directly and if that doesn't work then it goes to hearing and a arbitrator will make a binding decision.
You can have a look at previous CRT decisions here to see how these decisions can be play out.
Yeah absolutely hopeless. Don’t pay a deposit unless it’s a real tenancy agreement. Consider it an ignorance tax and move on
Whether there is a written agreement doesn’t change anything.
It’s my understanding that the text messages were with a roommate not the landlord. OP never had an agreement with the landlord. Correct me if I’m wrong, OP. This leaves just civil claims for OP.
Right, that is why the comment above is saying OP needs to go through the Civil Resolution Tribunal.
But verbal or implied contracts are still contracts, so just because there is no written contract does not mean there was no contract.
If anything, it can generally help the OP since the contract could have had some terms around keeping the deposit, but since there are no terms, the common-law for deposits are generally for damage only.
So, no, the OP is not "absolutely hopeless" because there was no written contract and saying that is harmful advice here.
Yeah I personally wouldn’t bother with that but it’s up to OP if they want all the stress and effort of filing with the CRT for their deposit back
It's basically the same process than if they were a tenant under the RTA and I'm sure you would have told someone to file with the RTB if they didn't get their deposit returned.
As others have said, the RTA does not apply in your situation.
Paying a deposit without a signed contract should have been red flag #1
You need to file a claim with the civil resolution tribunal against her if you want to see a return of the deposit.
Yes, I've decided to do that... In civil lawsuits, don't you have to wait 15 days like with RTB? Honestly, waiting any longer is pointless since I'm already blocked and have no way to contact them...
No, you don’t. You can file right away. Just be aware that getting a judgement against her doesn’t mean she will pay you. Enforcing a judgement is a whole other thing.
Also, if you didn’t give her 30 days notice that you were leaving, you would likely lose. 30 days notice is considered “reasonable” notice.
I see... So if they don't pay even after a court ruling, there's nothing we can do? Also, I gave notice exactly 30 days ago (it was the day I moved out, but I couldn't take it anymore). Specifically, I gave notice on November 1st and continued paying rent until December 1st. My current landlord came to pick me up on the night of November 30th, so I moved out on the 30th... She also agreed to return the deposit, and I have proof of that.
Ok, then you are good to file.
If you win and she doesn’t pay, it means you need to file for an enforcement order - so, more court paperwork. You can request a payment hearing, garnish wages or bank accounts, or seize property.
It’s a whole other level of hoops to jump through though.
Deadbeat landlords just hope you will give up.
When a judgement is awarded against a party in court they are by default given a “reasonable time” to pay, or the order could include specific repayment terms (which is unusual).
Once that reasonable amount of time passes, you then have to take steps to enforce collection such as wage garnishment, collections, etc… it takes time if they done pay up.
There is no specific timeline to file (up to 2 years), but you should send them a written demand for the money back with 15-30 days or something first.
I’m in a similar situation. Signed an 8 month lease, few weeks after moving in I realized I made a huge mistake.
No concept of cleanliness/ hygiene or keeping common areas clean. Food scraps on the floor of the kitchen hours after cooking and if I complained in the group chat they ask why I didn’t clean it up if I’m so bothered by it lol.
Laundry, vacuuming and chores from 12 am to 6 am. Not to mention a horrible bug issue that they have absolutely no problem with and said they’ve “been living with them” since they moved in and don’t know why I’m complaining.
I tried to get out of the lease for a number of legitimate reasons but they threatened to keep my deposit and send collections after me for remaining months on lease.
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They can’t “send collections after you” that’s not a thing.
Just leave - you aren’t getting your deposit back, and there is nothing they can do about it.
They could try filing a case with the CRT, but you can also claim a material breech of the lease conditions. I doubt they would bother.
You can take her to small claims court. Some people are just inconsiderate and the court can help. If you win, you can even get the court fees paid by her.
Message her that you are considering legal action if deposit is not returned by a certain date (10 business days etc.) No one wants to go to court unless it is the last resort.
Sounds about right. Was it a group of girls? They have maids back in India and don't lift a finger back home. Some learn to be adults, many don't.
You’re SOL, bud.
OMG... By the way, if I were to wait outside their house, could I get sued? I think meeting them directly to make a formal complaint is the only way lol
They could call the police and say you’re trespassing or harassing them (stalking) but if you go just one time and leave the property when asked then it’s probably ok
I see... If I'm accused of being a stalker, would explaining that the deposit hasn't been refunded work against me? I'm debating whether to bring someone trustworthy along...
You’d have to be repeatedly contacting them or staking out their place for you to be considered a stalker/harassing them. So you can try to go in person and threaten to sue but don’t continue going back and leave the property if they ask you to.