Nacel Properties Ltd. / Refund of Damage Deposit
After moving out of Maple Place Towers in April 2010, the landlord keep the damage deposit of $500.00 claiming that he did not get 30 days notice. They did receive written notice 30 days prior to moving out but it appears that they may have lost it or got confused when another tenant in another building with the same apartment number that was also moving out the same day.
In order to get back the damage deposit a complaint was filed with the RTB (Residential Tenancy Board) of BC. A hearing took place in early September 2010. The Board ruled that the landlord was in error in keeping the damage deposit and on September 30, 2010 issues an ordered to Nacel Properties to pay back the damage deposit, associated bank costs, plus a penalty equal the the damage deposit totaling $1, 082.00. The appeal period expired, and Nacel was served with a copy of the Order as well and a letter requesting payment with instruction to make the payment by November 25, 2010 as well as to where it was to be deliver as set out in the RTB rules.
On November 30, 2010 a representative of Nacel advised that they would not be appealing the ruling and would be paying the money as ordered. However, the owner of the property was away and they would be seeing him Monday Dec 6, 2010 to get a cheque and have it signed.
As of Dec 8, 2010 no payment has been received from Nacel. They have not returned numerous calls to them and have provide no explanation as to why they have not paid the money owing. The next step is filing a claim against them in Small Claims Court which will incur more costs.
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