contract-law canada residential-lease landlord
When can someone legally act on the behalf of another person?
<p>I moved out of my rental home and the landlord has not returned my security deposit. It would appear that the landlord is trying to avoid me and have her friend (who is apparently a lawyer) do all the talking. The friend said she could email-transfer my damage deposit back to me, to which I replied I would prefer to speak directly with the landlord (which is true because the landlord owes me prorated rent). Anyway, the landlord has ignored all my communications after her friends started emailing me. Just to be clear, the friend's name never appears on the lease or any agreement I signed.</p>

<p>Is it possible that the landlord has somehow delegated her responsibilities as the landlord to another person? If someone is "legally representing" someone else, must they tell me? </p>

<blockquote>
  <p>Is it possible that the landlord has somehow delegated her
  responsibilities as the landlord to another person? </p>
</blockquote>

<p>Yes.</p>

<blockquote>
  <p>If someone is "legally representing" someone else, must they tell me?</p>
</blockquote>

<p>You only have to deal with someone if they indicate that they are acting as an agent of the landlord under circumstances when it is reasonable to believe them. In the case of a lawyer, a communication would usually begin, "I am an attorney for "landlord"". In the case of someone else, a power of attorney or management contract with the landlord, or letter from the landlord authorizing them to act on their behalf, would be the norm.</p>

<p>There does not need to be anything on an agreement or lease signed by you.</p>

<p>Also, while lawyers are not permitted to contact people they know are represented by counsel, no such prohibition applies to individuals.</p>

<blockquote>
  <p>Aside from just complicating things, is there any reason why I
  shouldn’t accept my security deposit being returned by someone who
  isn’t the landlord?</p>
</blockquote>

<p>No. You should accept cash from anyone who gives it to you, as a general rule. But, cash from someone not identified as an agent of the landlord in some way might not release you from liability to the landlord for damages in the way that a return of a security deposition from the landlord or an agent would. On the other hand, sending you a security deposit refund, almost by definition, establishes that someone is an agent of the landlord.</p>
