Here’s my little story:
Prior to moving to Canada (BC) on August, I found the perfect place via www.rentbc.com. Not hesitating a single moment, I contacted the landlord via e-mail and asked for all the requirements I needed in order to secure the place upon my arrival. He asked me for the first month’s rent (5 CAN) and a possible damage deposit due when I arrived. I sent him the payment via PayPal, he confirmed it with his bank, and we were done. Coming from Mexico, I gave him a tentative date for mid-August. However, due to complications from my visa processing, I wasn’t able to arrive when I told him I would.
That exact day he sent me an e-mail remembering me I had missed my first Orientation at the University, and that he suspected me of being a scammer. He wrote that the only way for him to be sure I wasn’t a fraud was to send him another month’s rent as soon as possible – when I gave him the first month (September.)
Uncomfortable with his request – and the thing of not trusting in me after I showed him the proper admission documents from my University – I decided to break the deal. There was no contract signing, nothing that could legally bind me to continue with the renting.
I told him I wasn’t going to continue with his demands, and claimed half of the payment I made (7.50,) keeping in mind it wouldn’t be fair if I decided to claim the entire amount after making him lose 2 weeks of his time.
He DENIED to offer me this refund. Here comes the interesting part. He was so sure that I was a scammer, and remarked: "If you want a refund, I’ll give it to you personally on [insert specific date] at noon in [insert specific place] on the University." At this moment I knew he was defying me. I agreed to his plan, but wrote: "I’ll accept your proposition, but if we’re to meet, then I’ll have my FULL refund." He agreed.
The mentioned date came. I was accepted at the last minute and was making my way to the University. Before leaving my apartment, I sent him and e-mail, waiting for him to acknowledge he would be there as established. Noon. 12:15. 12:30. 12:45. He never appeared. I got my laptop off and checked my e-mail. No responses. I then wrote him another message, reminding him I was there.
He replied at 7:00 PM, writing a message that was so out of place. "Oh, it’s good to know you’re here and that you’re studying [insert major,] and remember, you’re still my roommate, what are you waiting for?"
I was like: "What the hell are you talking about? I’m not your roommate, I just want my money back!"
Three weeks have passed since then. After endless e-mails and moods of persuasion, I haven’t been able to recover my money. PayPal couldn’t help me anymore because they can only recover money for transactions made on eBay. The last time he responded he wrote: "Please let me alone, I won’t give your money back, it’s NON-REFUNDABLE!"
Now, out of the sudden, it’s "non-refundable"?
He sent me two "Roommate Agreements," and nowhere in his couple of lines stated the first month’s payment was "non-refundable."
My final questions are:
1. Can he actually DO that? I haven’t heard in my entire life as a college student about a month’s rent that is non-refundable. That’s why there are "damage deposits," right? I never placed my feet on his soil.
2. Tell me if I’m right or wrong, but I think if there’s any legal defense he can use against me in not returning the money I paid him, he actually broke them all when he offered me to refund my money personally, right? You will never offer something back if you know it’s yours legally.
Can I sue him? Can I go to the local police and build a case?
Thank you for reading.
Best advice gets – of course – 10 points.
Note: I have all original e-mails in which the Landlord told me about the agreement. He refused to commit to what he promised – my refund – on written fashion.
Note 2: Actual deposit was to be paid when I arrived at the amount of 0 CAN.