You can't save the world!

Jenni - posted on 02/12/2011 ( 17 moms have responded )

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My husband and I had the landlord from hell. So bad that we just took her to court for evicting us in bad faith. Basically she only wanted to rent to single people and even had my spouse sign a lease stating he wasn't "allowed" to have anyone else live with him. So when I moved in and later became pregnant she decided to make our life there a living hell. Attempting to extort us for rent saying it costs her more in utilities having me live there and if we didn't pay an increase in rent she was just going to say she was moving in so she could evict us. We told her where to go with that one. Anyways things settled down for a bit and then she started harassing us again (I'm leaving a lot out because it's not really the point of this debate but she was constantly harassing us). We planned on moving out in a couple months because we were outgrowing our two bedroom appartment. She beat us to the punch and pulled a "my boyfriend broke up with me so I'm going to need the appartment". BS. anyways since we were planning on moving out anyways and sick of her crap we agreed.

We weren't the only one's treated unfairly by her. Our neighbours hated her for their own reasons. She "evicted" two previous tenants illegally. One was only late with rent 30 days because she was a home care nurse who's patient passed on and was awaiting unemployment. Our landlord locked her things in her appartment (illegal) until she could pay her. She called us and told us to call the cops if we seen her trying to get her things.

So anyways, nearly a year after we moved out (we are only living a few blocks away). Just as we're finally getting over all the harrassment and ill-treatment we experienced living there. I receive a call from her while my husband is at work. "Will you let Peter know that I have a peace-bond against him." ummmmm huh? what for? She told me a neighbour had seen him on the property getting his mail. I was like you can't get a peace bond for something like that you actually need a justifyable reason and he would have been informed. Besides he hasn't been back there since we got our mailing addressed changed 9 months ago! Well just tell him please. Ummm ok that was odd.

We find out from our neighbours/friends that her place had been broken into. You have got to be shitting me... not it all makes sense for some reason she thinks my husband is low-brow enough to be a criminal and break into her place. Just a little insulting.....

Anyways that was the last straw. We were still within our year to sue, so we took her to court for evicting us in bad faith. Should have filled for harrassment as well but we didn't.

Her and her lawyer wanted to mediate so we did. The legal aid lawyer (we do not qualify for legal aid but she was giving free legal advice) was so interested in our case that she stayed and waited to sit in a mediation with us. So in mediation her lawyer is dicking around trying to argue who was right and wrong. Our landlord was saying she did move into the place when we knew for a fact she didn't. Lying through her teeth. And then out of nowhere she says she put her house up for sale and then someone broke in and she thinks it was my husband!! Nothing to do with anything we were discussing. Probably just trying to make a point to us. I just muttered and shook my head "Unbelievable!" The mediator was getting really cross and said: "Did you tell the police you think it was him?" "Yes I did" "and did the police contact you" My husband: "nope! didn't even receive a call." Mediator: "well there's your answer. The police didn't think he was involved."

The mediator was getting fed up to her lawyer. "you're the one who wanted to come to mediation. That means you're here to make an offer not argue about who's right and who's wrong. If that's the case you're wasting my time and this needs to go to a hearing." and he starts packing up his papers and books. "No no! We have an offer. Let me discuss it with my client first"

So the offer is $500 (the most you can get in a hearing is $480) and she requested that there be no record of this..... pfffffft I'd say 60% of the reason we were doing this was for ourselves and 40% of it was to prevent her from doing this from other people. My husband explained this to the mediator and that he had witnessed her pull this with two other tenants. It's not fair that she can keep getting away with treating her tenants this way. Of course she said they moved out volutarily... she knows and that we know that's total BS. The mediator said to both him and her lawyer "well it will be filed but it will say she settled." and here is the part I wish to debate he said: "Peter, You can't save every tenant in ontario. You just need to worry about yourself."

And believe me this isn't the first time I've heard this.... so what... we should just stop trying when we see an injustice? Obviously we weren't going through all this for the money... 500 dollars is just not worth all the stress. I know we didn't expect to save the world or every tenant in ontario but if we didn't say anything who would?

(whew that was lengthy felt good to write though)

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Tara - posted on 02/13/2011

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In Ontario a lease is not binding, all rental tenancy agreements are regulated by the Ontario Residential Tenancy Act.
I had a shit head landlord for 4 years, I learned the RTA back to back, I knew my rights and I got what I wanted.
But it didn't stop him from renting the place to someone else, even though I had detailed all of the building code violations etc. etc.
Each tenant is treated differently, each case treated as though it is the only one against that landlord.
But it is a system that for the most part works in favour or the tenants and not the landlord of owner.
You were right to fight Jennifer, and you can't save every tenant but at least you did win. And the rules were enforced, that's what the RTA is there for.

[deleted account]

Here, a lease is legally binding. We rent a 3 bedroom home and it's in our lease that at no time shall any other person reside in this dwelling without consent from the landlord or we can be evicted. Not trying to say you're not dealing with a douchebag...she truly sounds like a major jerk. But here (I don't know how it works in Ontario) a lease is a legally binding contract and can be used in court as such.

Alyssa - posted on 02/12/2011

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Um, here a lease IS a legal document and it is all that will stand up in court.....Yes, sounds like she went about things the wrong way, maybe you did too. But the lease stated no-one else could move in!! As for the other one she evicted.....they were 30 days late with rent FFS.
Rule #1 Obey the lease agreement
Rule #2 Pay the rent

Sharon - posted on 02/12/2011

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Same here Emma - they can't dictate you remain single but everyone living in the house/apartment has to be declared and written into the lease. If you don't - its grounds for legal breaking of the lease on the behalf of the landlord.

Jenni - posted on 02/12/2011

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You can say whatever you want in a lease. It doesn't make it legal. If I were a landlord I could put in my lease: "you have to dress in drag if you live here" doesn't mean the tenant has to comply. And no she cannot say he can't have someone else move in. It's discrimination. Unless it's an issue of overcrowding or the "guest" is causing damage to the property she has no right to say who can and cannot move in. It was a 2 bedroom appartment in a triplex.



That's why she said she was just going to say she was moving in because that was the only way she could evict us. She had no other grounds. We never even paid rent late once. Kept our appartment clean. Kept noise levels down etc. The thing of it is she actually "had" to move in and she didn't. That's why we were able to take her to court because she had to do it in good faith and we believe her reasons were personal against us and she did not occupy the unit.

Hope that clears it up! Sorry there's so much more to this story I had to leave a lot out to shorten it.



Yeah the legal aid lawyer said she sounded a bit sketchy after hearing her talk in mediation.

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Jenni - posted on 02/13/2011

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Well obviously that wasn't the case in my situation. She was denying me out of prejudice.



Thank you for your post Tara, it's nice to know I'm not the only one!

And thanks for clearing up what the mediator was trying to say. I didn't know that each case was treated as the only one against the landlord. That makes more sense. Yes and your right, I should know by my own experience that the system does work.

Stifler's - posted on 02/13/2011

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they are usually denied for good reasons. like previous rental issues not paying rent, being messy, wrecking houses.

Bonnie - posted on 02/13/2011

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My husband's family owns a building and if someone wants to move in with a current tenant, they have to have their name put on the lease as well.

Jenni - posted on 02/12/2011

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....anyways the point is these are the laws and rights here... she was denying tenants their rights here. I guess we're a bit spoiled here compared to everywhere else but that's certainly nothing I'm going to complain about.

The tenant who lived above us had her boyfriend move in. The difference was she didn't tell the landlord he moved in. We we're honest about it... she didn't say ok well I'll have to add her to the lease. A month after we told her she called us up complaining about her utility bill and blaming it on me living there.

Meanwhile.... the tenant upstairs boyfriend wasn't shutting the front entrance properly in the dead of winter, in Canada, and the door would be wide open. I don't know how many times I woke in the middle of the night because I was freezeing cold and had to go shut the damn door.

Of course when we told her that was probably the cause of her higher utilities that month she didn't believe us. We both were hardly ever home because we worked so how me living there would have caused her utilites to sky rocket is beyond me.

So instead she told us we had three options to put the utilities in my spouses' name and she would pay 30% of it to cover the tenant upstairs (who like I said had her boyfriend living there as well, the landlord just didn't know), pay an extra $100 in rent or she would say she's moving in order to evict us.

So basically lie to get us out.... Like i said before we never ever paid rent late (had post-dated checks), kept the place clean and didn't disturb our neighbours. Our landlord now loves us and constantly praises us as tenants.

Anyways the point of this is we didn't deserve the ill treatment. We didn't deserve to feel unwanted in our own home. A home is suppose to be your sanctury regardless of whether you rent or own all of this hanging over our heads caused our home to be tainted.

She stated our eviction day as Dec 21st... 4 days before christmas. Now who is that cold?

I really don't want anyone else to go through what we did.

(There's much more details to the harassment I'm leaving out because they are too personal).

Jenni - posted on 02/12/2011

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Moving in a spouse is not considered subletting. I've spoken to the landlord tenant board many times on this issue. They flat out said... she has no right to say who can and cannot move in. We told them it was in the lease agreement... and i'm not shitting, straight from the horses' mouth she said: "She can put whatever she wants in the lease agreement, It doesn't make it law."

Alyssa - posted on 02/12/2011

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Actually let me clarify. An Owner can put anything in the lease agreement as long as it complies with the Tenancy Agreement Act. If this happened here the lease would have said the tennant could not Sub-Let which is perfectly legal. They could not put in the lease that the tennant has to dress in drag!

Jenni - posted on 02/12/2011

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It's definitely different here then.

There are a lot of laws protecting tenants rights.

As the legal aid lawyer put it "It's none of her business" if you moved in. The landlord tenant board shared the same sentiments.

You are allowed to be 90 days late in rent before the landlord can file for an eviction. People lose their jobs, are awaiting unemployment, have extenuating circumstances.

After having her as my landlord I am well rehearsed in my rights. I have had many landlords and have never even come close to experiencing what I experienced with her.

Basically once you are leasing the place it is YOUR place as long as you are not causing damaging, disrupting other tenants, and return it to the original state (within reason) when you move out. The landlord has no say in your personal life and who you have move in unless that person is causing damage to the unit.

Also, you don't have to be added to the lease. Infact most landlords don't even bother to renew it after a year. The lease is a binding contract but very little can be stated on it other than the length of time you must rent. That's why most don't get it renewed after a year. They usually just write one up to ensure you are staying there for at least one year.



It is also illegal to withhold a person's belongings or change the locks until you receive rent. The woman that happened to called the police and they told her to break down the door.

Sharon - posted on 02/12/2011

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UGH well, I mean EVENTUALLY you can be evicted - but not for a lousy 30, 60 or 90 days.

Sharon - posted on 02/12/2011

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Here - you can't be evicted if you're late with the rent. I've known some people who fought their non-payment eviction issues for over a year.

Stifler's - posted on 02/12/2011

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Where I live if someone else moves in they have to apply to be on the lease or it's grounds for termination of the lease.

[deleted account]

I'm confused. If he signed something stating that no one else could move in w/ him.... why did he move you in? Did he have permission? I don't know the laws and rules of every housing in the world, but I do know that in MY home.... if I move anyone else in w/out permission I can be evicted and it isn't illegal.

She does sound like a jerk and a bit unstable though and I think it's good that you were trying to make a point out of it. The mediator is right, but so were you......

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