usedtoliveinstb wrote:HurtinAlbertan wrote:usedtoliveinstb wrote:Why would you take someone to court over less than 500 dollars? Just discuss it with them, threaten to take them to court but don't waste the system's time over a few bucks like that.
Done that already. No luck...
I assume you are joking when you say recovering almost $500 via small claims court is a 'waste of the systems time.'
Ah, I see, and no luck I assume. Well, it's always preferable to not have to go to court, but I guess if you have nothing to lose. It's just a matter of whether you have to the free time to commit to this.
From a theoretical legal standpoint:
Your contract is for a month of rent for the aforementioned price. You concluded your acceptance of the agreement and officiated it with the act of paying the cash plus the damage deposit. The landlord's obligation is to provide room for you for the period of one month pre-paid. I think it would be very reasonable for you to request reimbursement for damages (breach of contract) for the rent, precisely accomodation (housing) for the period in which it was no longer received. Also, you might be entitled to more than the initial month when things like 1 month minimum notice are taken into account. It would be unreasonable to expect you to leave in only 30-x days, you should have at least 30 days notice!
However, the damage deposit itself is slightly less certain. It is impossible to tell whether or not you have damaged the property, but the fact that the property is now damaged by the fire should alleviate you of the responsibility. So throwing that in is probably not a terrible idea.
That said, I have not read any rental codes, so I cannot reasonably predict what any existing legislation or by-law may influence the above basic principle I have stated. Also, I am in no way a lawyer and nothing I suggest should be taken as advice! It is just brainstorming.
I would recommend you go see a lawyer and make sure that you're not wasting your time. You might find out that you're entitled to more or less than you consider reasonable.
For his estimated costs, the procuring of an attorney would cost him the balance of what he is owed or perhaps more....and therefore for what gain? Nada.
