24 Hour Inspection

What’s the proper way for your landlord to want to do a 24 hour Inspection? Does it have to be in writing?

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Cause we’re in a dispute, we will be out by the end of May, he did not do a move in inspection report so therefor cannot keep our damage deposit for any damages or cleaning(there’s no damages).

But we let him keep our damage deposit for Mays rent and he is really angry, we know that’s not the proper way but as he would have had to pay us our full damage deposit back anyway, that’s what we did and paid our damage and rent for our new place. He gave us a 14 day eviction letter to be out by Saturday, and is expecting his keys.

ANOTHER POST:  Question

Can he do that even tho technically he has a full months rent from our damage deposit? I’ve repeatedly told him that without a move in inspection done and signed by us, he can not keep damage deposit.

What will happen come Saturday when he expects his keys? Looking for some advice please.


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74 thoughts on “24 Hour Inspection

    1. Susan Csapo why is a landlord automatically deemed a slum lord? Just because we have an asset to rent out, doesn’t mean we are slum lords. Why are you angry at people that invest their money in real estate and are able to have a rental property? The damage deposit doesn’t usually even cover the damages/garbage. We had over $10,000 in repairs after our last tenant moved out.

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    2. They out weigh the good ones 10 fold..Edmonton doesn’t hold any accountable..Wcb,Landlord tennant,Labour standards,banks and insurance and lets not forget our politicians..All prime examples of the rich entitlements..

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    3. Just had an incident trying to get crackheads out and it took a LONG time. Even people living there (who were squatting) refused to leave. Many months of surveillance because the original judge said not enough evidence (a 60 page document is not enough evidence?). Finally granted an eviction after almost a year but still had to get SCAN involved to collaborate our claims so the next judge would approve the eviction and then had to hire a sheriff to remove the remaining people from the residence. It’s not as easy to remove a renter as people think. Landlords have rights but still have to jump through all the hoops to get people out.

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    4. I can show you some real scum..Black mold, no security doors, Coming in suites when we’re at work,meth heads, drug dealers..Not once has this guy be held accountable..

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  1. He does have the right to evict you because the damage deposit is to be issued or kept for damages only. By law, he has to return it to you. But you can respond with a letter disputing it and then he will have to take you to dispute board to finalize it which would take at least a month to do. So by that time, you would be out.

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    1. This is not correct. I have had to deal with this regarding past tenants who also tried to not pay last month and expect their damage deposit back.

      Right from the Landlord and Tenant act of Alberta… The landlord can keep money from the damage/security deposit for several reasons, including: if the tenant owes money owes rent, damages the property, does not clean the property, returns keys or owes money for other fees.

      Based on what the OP said, the landlord is actually entitled to the damage/security deposit, as well as evicting for not paying last months rent.

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  2. You give tenants a bad name. This is a breech of a signed contract. And as a landlord, I’m hoping that this landlord will take the file into further actions.

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  3. In Alberta, you can not use your DD for the last months rent. When you did not pay May rent, he is legally entitled to evict you with 14 days notice for failure to pay rent.
    If he wants to do an inspection of the property, he needs to give you 24 hours notice to enter the property.
    As for not having an initial inspection, you would have to call the Land Lord Tenant to find out the legal process. However, if he proposed two times for a walk through that you could not attend, he can do the inspection without you.

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  4. Saturday he cannot do anything, he has to set a court date with tenant court and that can take 2 weeks. Technically he is right, you should have paid him the rent, but you are right that he has to give the damage deposit Beck. I would just drag it out in court, file a dispute, get it to stretch until the end of the month

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    1. Didn’t pay the rent it says. Your landlord isn’t obligated to allow you to use damage deposit for last month’s rent . Because now there is no deposit to use for any possible damages . The fact there was no move in report actually hurts the renter more than the landlord.

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    2. No, having no report hurts the landlord as he’s not allowed to hold any of the deposit or request any further money as there is no proof of anything. He is required to return it all.

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    3. Oh for sure it hurts the landlord. Having no rent and no move in report and no damage deposit now…all of which would piss me off if I were in his shoes. Sounds like the OP is a gem of a tenant using a loophole to get out of responsibilities.

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    4. Agreed. They should’ve had a sit down with him and discuss options. I get paying first month rent and damage for another place is a lot but this def all could have been avoided if they had just talked to him I’m sure. I was a landlord and we always kept our door open for things like this.

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  5. Did the landlord agree to accept the DD as last month’s rent? If not, I think you’re hooped there.

    You are correct in that he cannot collect for any damages if a walk in inspection was not done. But you have caused yourself a lot of headache with the rent/DD thing.

    Call landlord and tenant board for advice on what to do next.

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  6. Sounds like he was going to try and keep your damage deposit cause he knew you would have to fight him to get it back and prove no move in inspection was done. So you saved your self the hassle of fighting to get your dd but now you technically haven’t paid your rent thus the 14 day eviction.

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  7. As a resident manager, you absolutely cannot use damage deposit for rent. If no move in was done, then u will receive your full damage back. But he is completely in the right for the eviction.

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  8. They can keep your damage deposit if you breached your lease in any way…. I do believe with an eviction you don’t get your damage deposit back…. you lose it all together…. my understanding…. don’t know though cuz I was a great tentant

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    1. They cannot keep a damage deposit for anything but damage to the suite or cleaning. A security deposit is a different matter, but that would have to be expressly labeled in the lease agreement.

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    2. Sorry but yes that is. Any landlord keeping a damage deposit for rent is in violation of the lease agreement. There is a difference between damage deposit and security deposit.

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    3. Exactly Nicole Wetsch, they can only keep for damage, but in this case they cannot because the in report was not done. If there is extensive damage the still can sue for that, I remember when I used to rent that happened to a girl I knew in my building.

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    4. That is true Natalie A Chesser, they use any access to put towards outstanding rent. In this case they cannot take money out for damage so that clears the rent issue…but, they can sue in court for damage still, only the cleaning part because the landlord cannot prove the damage didn’t exist upon move in

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  9. Damage deposits technically if received as a “damage deposit” not a security deposit cannot be kept or used to pay rent.

    The eviction notice is for 14 clear days from the day it was served. So if it was served on the first the first of the 14 days starts on the second so you would need to be out for the 15th. If you were to pay the rent between now and the 15th the eviction notice is null

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    1. If more conditions of the lease were broken, it’s a substantial breach, therefore the eviction notice stands. (Such as…being late on previous rent payments, having pets without written content, other people living in the home, smoking in the home if the home was to be non-smoking, etc)

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  10. In order for the eviction to be valid there are steps he would have had to go threw. You would have to be a minimum of 14 days in arrears prior to the eviction…on the 15th day it would be served, giving you 14 days to get out! With that being said, if the landlord has been good to you and you really have no reason to not pay rent, like if the dwelling is unsafe or there are reoccurring issues then you are an asshole!

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    1. Even one day late on rent a landlord can serve an eviction notice. If the rent gets paid within the 14 day eviction period, then the eviction is void, unless there are other breaches of the lease…… then the tenant must vacate on the date indicated on the notice.

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    2. According to the Alberta Landlord and Tenant act, a tent ant must pay rent when it is due. If they fail to do so, the tenant has committed a breach of the act and can be served notice to vacate. If rent is due on the 1st and not paid, an eviction notice can be served on the 2nd for 14 days notice and the tenant must be out effectively the 17th.

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  11. So. Was it wonder first and last months rent? Or first months rent and Damage Deposit? Is there anything in writing?
    You are aware that you don’t handle it properly. He is handling it the way he should professionally.

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  12. For all of those people saying ” oh well” and landlord shouldn’t b upset.. what if there is damages? Or they decide to not clean it well enough? Then he has to go through more BS to cover that lol how about DONT be a selfish renter and pay your bills as your suppose to

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  13. He can’t keep any of your DD for damages without an in/out report, but he CAN keep it for cleaning and carpet cleaning. He is well within his rights to evict you for not paying rent. He is trying to minimize the extent to which you screwed him over.

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  14. Renters have cost us a whole lot of money that we work damn hard for.
    You are not entitled to anything free from him. Damage deposits/security deposits…are not for the last month rent. Quit trying to get a free ride!!

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  15. The only people I would listen to are those folks from landlord and tenant board. Get advice, get it in writing, or download from website. Rules change often, and without notification. Educate yourself, but make sure you are truthful when you present your case.

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  16. If you don’t have a lease agreement, which is usually completed at the time of the in-report, then you’re trespassing. And for the record, I hope he is able to kick you out. That’s really crappy what you did to him. Shame on you!!

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  17. Why are you posting this on here. One simple phone call or internet check to the landlord/ tenant call or link should answer all of your questions. When questions like this are posted…..everyone becomes a lawyer or knows all of the rules.

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  18. Call the tenant and landlord board and talk to them. Every time I move I draft up a document that both my spouse and I sign as well as the landlord/building manager. It always states our move out date, date we are to have our final inspection and a section for damage deposit reimbursement or whether they will be keeping it and using it toward repairs and cleaning. This month we have one drafted that they can keep the damage deposit not for any repairs but for the cleaning bill and use the remainder to go towards our next month’s rent and we will cover the difference because we broke our lease early. Bottom line, everything in writing, always.

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  19. Uh ya I had a tenant decide to tell me on March 27 that he was starting a new job on April 14 and would be moving out then. Also told me because of the short notice that he would be forfeiting his damage deposit.. (obviously). Then he also thought he could stay until April 14 without paying me rent on April 1st. It’s a signed contract, and you don’t get to decide whether or not you get your damage deposit back. What if you left a pile of stuff you don’t want and they need to call a junk removal company? (this has happened to me -_-)

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