I'm a tenant. My apartment has water damage and it is still under repair. I have notified my landlord that I'm

Expert's Assistant chat

Customer: Hi, I'm a tenant. My apartment has water damage and it is still under repair. I have notified my landlord that I'm terminating my tenancy at the end of March. March 31. And he has agreed with that. I wanted to return the key yesterday but because it was still under repair, the landlord refuse to take over the key. I'm wondering what if my landlord doesn't show up and refuse to take the key at month end? What can I do in that situation? I would assume if I am keeping the key for next month, that would illegally possesing as my lease is terminated by that time.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Edmonton, AB, Canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There is water damage that is under repair now. The rest of the apartment has been cleaned up.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know how to return the key properly if my landlord refuse to take it.

Answered by Debra in 2 hours 1 year ago

Debra

10+ years of experience

163744 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

Back

Debra

163744 Satisfied customers

10+ years of experience

Debra

10+ years of experience

163744 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

Debra, Expert

He's refusing to take the key is almost nonsensical. Why don't you just mail it to him? The fact that the apartment is still being repaired has no no relevance. Why would you be responsible for that?

Do you see what I mean?

Customer

I don't have his address

Customer

I guess he will show up by the end of the month, at least to do move out inspection. But I'm not sure what if he still refuse to take the key back. I'm not sure if I can leave the key inside the apartment and inform him

Debra, Expert

There should be an address for service on the lease. That is a legal requirement. Isn't it there?

Customer

I just double checked. Landlord's address is not on the lease agreement

Customer

I guess I can ask for his address. I'm not sure what if he refuse to provide me

Customer

I would like to be prepared for the worst case. I'm concerned if he refuse to take the key by the month end and refuse to provide me the address. In that case I cannot give him the key in person or deliver the key

Customer

I just realized there isn't any landlord contact info in the lease. I only have their name on the lease

Customer

Just curious if this make the lease voidable?

Debra, Expert

At this point in time I don't think it will matter.

I suggest that you email or text him and tell him that you're going to meet with him tomorrow if he's not there you're leaving the key inside the apartment.

Customer

As my tenancy terminates by the end of this month. If I left the key now and got stolen, or he claims the key is stolen. Can he blame that on me?

Customer

I would hope he will take the key. If he doesn't accept the key. Do you think if I can leave the key inside apartment in the last minute of march 31. And stay outside of door until past 00:00 on April 1. And keep the whole process recorded in video. So he can't blame me at all. Then I will text and email him that I have left keys in the apartment safely

Debra, Expert

Why don't you tell him that he should give you an address for mailing and you're going to mail the key back and if that isn't good enough you're happy to meet him to handover the key but if that's not good enough then there's nothing more you're willing to do and if he is going to try to get you to pay for a new key you're happy to have the landlord and tenant Board decide.

Customer

Sounds good. That would be all of my questions for now. Thank you Debra

Debra, Expert

You are very welcome.

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Ask a lawyer and get your legal questions answered.

See all Legal Questions

How it works

Ask for help, 24/7

Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.

Expert will respond in minutes

After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.

Save time & money

No scheduling hassles, missing time from work, or expensive consults.

A JustAnswer membership can save you significant time and money each month.

593 Verified lawyers, 10+ years of experience

DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.