Law Asked by Jullie W on August 28, 2021
If a landlord does not return a tenant’s damage deposit in 15 days from the later of the move out date or receiving a forwarding address, tenant may go after him for double. If the forwarding address for mail is provided in e-mail or by a messaging app (such as Whatsapp, which has read receipts) is this enough? Or must the tenant use registered mail and then wait 15 days?
Relevant Sections of the tenancy Act:
https://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section38
https://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section88
Depends upon your goal. If your goal is the return of the security deposit, then anything that is acceptable to the landlord will work. Kiss-o-gram, smoke signals, phone calls or whatever. If the goal is to get damages, then your references are clear: paper or fax (fax numbers can be purely digital).
Answered by jmoreno on August 28, 2021
§88 gives an exhaustive list of legal ways to deliver the written notice. Each and every one of them involves delivery of a physical piece of paper, including fax transmission to a number provided by a recipient. Apart from direct hand-over, ordinary mail is acceptable so registered mail is not required. Email and phone-based messaging do not constitute legal notice having been given.
Answered by user6726 on August 28, 2021
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