[原创][新移民经历]在加拿大打官司

弘雨

看着这个题目感觉很吓人，其实事情很简单，在一apartment住了一年后搬出，搬家那天和2个朋友把房间打扫的干干净进，manager检查后说了几声very good, 然后归还钥匙并留下退还押金的地址。20多天后收到反还押金支票，但比应退数目少了100元，电话manager问原因，答曰房间没清干净，和他论理，他说不关他事是building owner 决定的，并威胁说再电话骚扰他他会911报警。打电话building owner ，他很有经验也很狡猾，根本不让你说话，西里哗啦说完自己的理由啪挂了电话，再打过去永远是请留言，不回电。

遇到这事，很有些憋气。找到相关网站，研究了一番BC省租务法后，得出这样一结论：与其这样损失钱又心理憋气，不如咱告他，告他不外乎两种结果，一是官司输了，大不了再损失50元申请费，咱听法官的输的口服心服；二是如果官司赢了，既不损失钱又不憋气。告他的两种结果中的任何一个都比不告他要让人感觉好一些。

当然也有朋友说就100元，忍口气算了，其实依咱中华民族泱泱大国的胸怀也是可以忍过去的，但想着既然到这个枫叶国来了，咱入乡随俗，学着按枫叶国的方式来处理，当然，也带着一份强烈的好奇心，想看看这西方国家的法庭到底是怎么回事，以前只听说在西方打官司很容易。

说干就干------- （未完，待续）

FCH

支持！！！

我在这里搬过两次家，第一次是转租给了一对留学生，押金也让他们负责了；

第二次，自己把房间打扫得很干净，连地板还打了蜡，反正是至少跟我搬进来的时候一样干净。大概3个星期后，收到全部押金。当时manager验收的时候，写了满意，我想问她 要一个签名的复印件，她说没有，我当时是有些嘀咕的，不过结果还好。

等着看楼主的经历。。。

FOXHU

虽说好好读了一遍《租客生存指南》，更期待现实的真实案例。

miczheng

好！

请继续

海阔天空

不受不明白的气。

弘雨

说干就干，当天晚上再次进入网站，20分钟就填好了申请表，Tanency office 的办事效率真高，第二天上午10。00就接到了他们的电话，核实基本情况，并要求把申请表中的有些地方修改一下。

中午按要求改了几个地方，表中claim一项是这样写的：“。。。事件过程略。。。，so I request the owner pay back two times the unreturned deposit and application fee.”

下午4。00又接到他们的电话，说case受理了，让交申请费，可以到他们那里去交，也可以网上信用卡付，如果属于低收入家庭，还可以申请减免。

后来跟朋友谈起这件事，才知道很数租房的人都会遇到这样的事，起码在我住的那个公寓几乎所有搬出的人都会被扣押金，不管是否有损坏，这可以说是那些owner隐形提高收入的手段，他们就抓住一些人不愿麻烦或没时间麻烦的心理，不疼不痒地扣你50---100元，10个被扣的人中大概只会有一个人跟他较真，他输官司后刃然最少能净赚7人的钱。

晚上信用卡网上付帐，第二天上午接到电话，让3天之内去拿文件。

兔八哥

这个好！解气顺便练英语了

FCH

对，很多公寓都有这样的无良业主，有一个朋友，清洁了房间，等manager来验收，说冰箱后面没清洁干净！ ，要扣钱。。。结果租客叫真，最终获胜，得到所有押金。

法制社会，学会用法律武器保护自己。。。

继续看楼主原创！

兔八哥

Post by FCH
对，很多公寓都有这样的无良业主，有一个朋友，清洁了房间，等manager来验收，说冰箱后面没清洁干净！ ，要扣钱。。。结果租客叫真，最终获胜，得到所有押金。

法制社会，学会用法律武器保护自己。。。

继续看楼主原创！

就是拿回押金太便宜这些无良业主了。如果没有响应的惩罚措施或其他财务上的损失，那他们下次肯定还会这样，毕竟是打官司的人少啊，能赚一个是一个。LZ应该把为打官司造成的劳务损失费，文件打印复印费，交通费通通算进去，让他赔偿他的不当行为给别人造成的损失！支持你

gqyem

贾二爷说的有道理，这种人应该被狠狠地惩罚一两次，才会起到保护后来人的效果，否则他们肯定接着转空子！

兔八哥

Post by gqyem
贾二爷说的有道理，这种人应该被狠狠地惩罚一两次，才会起到保护后来人的效果，否则他们肯定接着转空子！

贾2爷不在这楼里，你搞错了吧，是八哥说的有道理吧，咳咳

FCH

Post by 兔八哥
贾2爷不在这楼里，你搞错了吧，是八哥说的有道理吧，咳咳

也难怪人家搞错，兔八哥与贾二爷 很对称，姓就不说了，中间那个都是数目字，而且都是偶数；最后一个字都是称谓，辈分不同而已。

gqyem

除了老大说的原因之外，还有就是俺觉得二位风格也颇相似，均有老北京的“八旗遗风”，故有此误。下不为例，呵呵。。。

兔八哥

Post by gqyem
除了老大说的原因之外，还有就是俺觉得二位风格也颇相似，均有老北京的“八旗遗风”，故有此误。下不为例，呵呵。。。

弘雨

我也学习过相关内容，摺录重点让大家都了解了解。
Law in B.C.

Tenants in B.C. are protected by the Residential Tenancy Act. The Act is the law that spells out the rights and responsibilities of tenants and landlords. Don’t assume that the laws in other provinces are the same in British Columbia.

The Residential Tenancy Office is the government office that helps with problems between landlords and tenants. Residential Tenancy Office staff give information about the law to tenants and landlords in B.C. They can help you by explaining the law to you, and in some cases, by calling your landlord on your behalf. Residential Tenancy Offices also hold arbitration hearings for landlords and tenants when they cannot resolve disputes on their own.

An arbitration hearing is like a landlord-tenant "court". You and your landlord explain your problem to an arbitrator, who is appointed by the B.C. government. The arbitrator decides what to do about the problem, based on your evidence and what the law says. The arbitrator's decision is legally binding. For more information on arbitration hearings, see Chapter 10, Arbitration.

Take a witness

It is a good idea to have a friend with you when you do the move-in and move-out inspection reports with your landlord. Your friend may notice things that you miss and may also help you feel less nervous if you are not comfortable around the landlord.

弘雨

Security deposit and pet damage deposit

A landlord can ask you for a security deposit (also called a damage deposit) to cover the costs of damage to the unit or property, or unpaid rent or utilities. The landlord can also ask for a pet damage deposit and deposits for extras like keys or garage door openers. Your landlord can only ask for a security deposit when you first agree to rent the place. You must pay the full security deposit within 30 days after you move in or you can be evicted.

See Sections 20 and 47 of the RTA

Amount of security deposit

The most a landlord can ask you to pay for a security deposit is a half month’s rent. The landlord cannot ask for an extra deposit if the rent goes up. If the landlord collects more than one half month’s rent as a security deposit, the law allows the tenant to deduct the overpayment from rent, or otherwise recover the overpayment. Make sure you let the landlord know why you are deducting the overpayment.

弘雨

Getting your deposit back

The new law requires you to do move-in and move-out condition inspection reports with your landlord in order to get your security deposit back. The penalty for a landlord or tenant not participating in the condition inspections is losing the right to the security deposit. (See Chapter 3, Condition Inspection Reports.)

When you move out, you must give your landlord a forwarding address in writing where your security deposit can be sent. This is now required by law. After your landlord receives your forwarding address and you have moved out, the landlord has 15 days to return your security deposit to you. The forwarding address does not have to be where you live, but somewhere you can receive mail.

If the landlord wants to keep some or all of your deposit, you must either agree to it in writing, or the landlord must apply for arbitration at the Residential Tenancy Office within 15 days from the day when you moved from your place. If the landlord does not do this, you are entitled to receive double the amount of your security deposit. (See Chapter 10, Arbitration.) Keep in mind that you only have one year from when your tenancy ended to claim your security deposit in arbitration.

. Cleaning and move-out inspection

You must leave your place clean when you move out. You are responsible for the cost of repairing damage caused by you or your guests. The landlord is responsible for normal wear-and-tear. If something wears out over months or years of normal use, you may not have to pay for it. Usually, you don't have to paint walls even if there are small nail holes. You might have to clean your carpets or drapes, depending on how long you have lived there and whether you had pets or smoked in the place. You are responsible for any damage that has occurred since you did your move-in inspection report.

If you didn’t do a move-in inspection
If you moved into your place, or began keeping a pet, after January 1, 2004, you and your landlord should have completed a condition inspection report. However, even if you moved in before this date you have to do an inspection report when you move out. While you won’t have a move-in report to compare your move-out report to, at least you and the landlord will have documented the condition of the place in case you need to go to arbitration. You do not have to agree with the landlord on the report, but you must still participate.

Getting Your Security Deposit Back

You have the right to get your full security and pet damage deposit back, unless there is damage, you didn’t participate in the condition inspection reports, you owe rent or utility payments, or you left the place dirty. You must provide your landlord with a forwarding address where your deposit can be sent to. You cannot use your deposit to pay part of the last month's rent, unless the landlord agrees in writing. (See Chapter 4, Deposits and Other Fees.)

弘雨

Arbitration
If you want to claim money that you feel the landlord owes you in addition to your deposit, you can apply for arbitration. For example, you can make a claim for compensation for the time that you lived with a serious repair problem. Arbitration is also a good choice if you think the landlord will make a claim against your deposit once you make a claim to get it back. There is a $50 filing fee, which may be waived if you have low income. For claims over $5,000 the filing fee is $100. (See Chapter 10, Arbitration.)

Landlord's Claim
The landlord can apply for arbitration to claim money from the deposit for things like cleaning, damage or unpaid rent. Once you give your landlord a notice of arbitration to get your security deposit back, your landlord might "counter-claim". The landlord must give you notice of the arbitration hearing, so you can go and tell your side of the story. The landlord has two years from the date you moved out to make a monetary claim against you.

If you have a low income, you can ask for a fee waiver so you don't have to pay. You need to fill out a form called "Application to Waive Filing Fee". Bring proof of your income, and be ready to give information about your income and expenses

Serving notice to your landlord
The Residential Tenancy Office will give you a package of documents once you apply for arbitration. The package will include the date of your hearing, important information about serving documents and include extra copies of the documents for the landlord. You must serve the documents to your landlord right away.

There are two ways to serve the documents:

In person. Bring a witness who has read the documents when you give them to the landlord. You must give the documents to the landlord within three days.

Send by registered mail. Keep the receipt from the post office to prove you sent the notice. Mail the documents to the landlord as soon as you receive them

弘雨

How to prepare for a hearing

You can represent yourself at the hearing. You need to present evidence to the arbitrator to tell your side of the story. Your landlord can also present evidence. The arbitrator will make a final decision based on this evidence, so it's important to prepare your case well and have all your evidence with you.

Getting help
Government cutbacks to legal aid mean that you can no longer receive legal aid representation for arbitration hearings. Many community groups have also had to cut back services. See the back of this guide for groups that are still helping tenants at arbitration hearings. You may need to be prepared to represent yourself at a hearing. If you aren't fluent in English, you can bring someone to the arbitration hearing to interpret for you. The interpreter can be a friend.

Getting organized
Make a list of the most important points you want to make at the arbitration hearing. Organize these points in the order that they happened.

Getting evidence
If you have witnesses, it is best if they come to the hearing. If they can't come in person, get a sworn statement. This is your witness' description of what happened, sworn before a lawyer or Notary Public. This will cost you money.

If your hearing is held over the telephone, your witnesses can participate. Give the names and phone numbers of your witnesses to the Residential Tenancy Office before the hearing. Make sure you talk to your witnesses before the hearing. They need to know what questions you are going to ask them. And you need to know what answers they are going to give!

You can also bring letters, receipts, photographs, audio and video tapes to the arbitration hearing. If you need equipment to play a video or audio tape, you must tell the Residential Tenancy Office in advance. You should provide copies of your papers and photographs to the Residential Tenancy Office and landlord at least two days before the hearing. (If the hearing will be held by phone, you must send copies of your evidence to them in advance.) Your landlord must do the same. If your evidence is only made available at the hearing, the landlord can ask for the hearing to be held at a later date. The arbitrator may refuse to consider evidence brought at the last minute.

Practice presenting your case
Once you have gathered the facts and evidence, practice telling your side of the story. Present your case to a friend who can ask questions if some of your points are confusing. You may need to explain something in a different way to make your point clear.

Examples of arbitration decisions
Most arbitration decisions are not made public. The Residential Tenancy office keeps examples of decisions for public viewing. You can ask to see them. This may give you an idea of what to expect at your hearing.

弘雨

At the hearing

Bring all your evidence
This includes your tenancy agreement, letters, notices, photographs, receipts and witnesses. Make sure your papers are in the order you want to present them. Bring two extra copies of the papers and photographs, if you haven't already provided your evidence to the arbitrator and landlord. (If the hearing is on the phone, you must send copies of the papers and photographs to both of them in advance.) If they don't have this information, the hearing may be put off to another date, or may be held without the evidence. Give copies of your written evidence to the arbitrator and landlord at least two days before the hearing, if you can.

Keep your answers short and to the point
You should only talk about things related to your case. For example, if you are trying to get your damage deposit back, don't bring up your rude neighbours.

Only talk about what you know for sure
It's okay to say that you don't understand a question. It's also okay to say that you don't know or that you've forgotten something. Just tell the truth, and don't make guesses.

Wait your turn
If your landlord is talking to the arbitrator first, you can write down any questions you may want to ask. When it's your turn, you can make your points.

Don't get mad
Even if you think your landlord is rude or lying, try to stay calm. Don't interrupt. Your behaviour in the hearing can influence the arbitrator's decision.

Take an interpreter
If you have trouble speaking or understanding English, bring a friend who can interpret for you.

Don't be late!
Arbitration hearings are usually very brief. If you're late, they will start the hearing without you