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landlord/tenant question

Discussion in 'TRIBE Main Forum' started by ~atp~, Aug 26, 2003.

  1. ~atp~

    ~atp~ TRIBE Member

    mmkay. So my g/f and I signed a lease and moved into our new apartment on Aug 1st. However, the place we moved out of was leased until Sept 1st. The old landlord wouldn't let us out of the lease early, so we had to pay August rent at the old place.

    We kept the keys to the old place, and left a couple minor things there in the back shed so we'd have an excuse to come back later and pick them up. I swung by there last night, and a new guy had moved into my old room.

    Now technically, under the lease, I'm still signed into the old place. Some guy is in my room, with his stuff, but I don't know whether or not he's started to pay rent, or whether he was allowed to move in early.

    Either way, do I not have the right to ask for some rent back???

  2. pr0nstar

    pr0nstar TRIBE Member

    If you paid rent it's your place, IMO.

    I'd call the cops and have him removed.
    You have receipts and a lease to prove this.
  3. Soundstream

    Soundstream TRIBE Member

    You definetly have a case against the landlord. Most likely you will not get your money back, BUT I can guarantee that you can go and complain to the housign tribunal and tell them that your landlord gave a tenant who is NOT on the lease keys to the unit, without your authorization.

    If I were you, I would tell him to give you a partial refund and threaten to tell the housing tribunal if he doesn't compensate you financially.

    And actually, if it was me, and he did give me a refund, I'd still tell on him, just out of principal.

    Cheers ... Ian :)
  4. ~atp~

    ~atp~ TRIBE Member

    I'll probably end up doing that, thanks. I feel like wading through the tenant protection act to see what i can find...
  5. OTIS

    OTIS TRIBE Member

    Yea, smells like bullshit to me.. at the very least the landlord should have asked you.
  6. AshG

    AshG Member

    you don't even have to do that.
    just give the OHT a call, describe the situation as simply and possible, and they'll take care of the rest.
  7. ~atp~

    ~atp~ TRIBE Member

  8. Sunshyne Jones

    Sunshyne Jones TRIBE Member

    man - i wish they hadn't already cashed your cheque so you could cancel it.

    that burns me man!

    go get your money back man! i hope you prevail!
  9. janiecakes

    janiecakes TRIBE Member

    i would definitely make a big stink with the rental tribunal and try to get some rent back.
  10. Big Cheese

    Big Cheese TRIBE Member

    *lol* mikes always one step ahead...

    i was gonna say the exact same thing, they are really comming down on shady landlords as of late so they'll jump on that.....

    hope everything works out 'fer ya :^)

  11. defazman

    defazman TRIBE Member

  12. Destro Sanchez

    Destro Sanchez TRIBE Member

    funny this situation is happening to me right now...but the reverse order.

    we (judy and i) would be the goldielocks in your bed, atp ;)

    the tenant who showed us the place, said they were moving out by the middle of the month....the landlord would paint the place the week after and we could have it after that (fukhouse weekend)...before september first of course.

    since the landlord won't give them 1/2 a months rent in return for moving out august 15th....they decided to keep the place (empty??) until the very very last minute of their lease.

    NOW we both gave one months notice on the first of august. So we could be in there before september first.

    We have to be out sep. 1st in the morning....who knows when they will leave.....

    I have searched the internet last night, searching for the EXACT time of day that a tenant has to be out (for his sake and for ours)

    I can't seem to find it anywhere.

    does anyone know?

    i've heard its the 31st by noon. and i've heard that its the dawn of the 1st...????

  13. lucky1

    lucky1 TRIBE Member

    Technically, acording to the tennant protection act you have to give 60 days notice on your intent to move. (you don 't just say, this is my last month and not pay.)
  14. swenard

    swenard TRIBE Member

    They have to be out by midnight of the last day of the month. You get it at 12:01am of the first of the month!

    That is the law.But, usually you can come to an agreement with them. Like pay them $100 and you can get in a couple of days early if you need to!
  15. Jeremy Jive

    Jeremy Jive TRIBE Member

    The best thing to do is threaten the landlord. Most likely if the apartment is in a house he probably isn't even claiming it. So if you report him as a bad landlord to the tribunal he's got more than you to worry about now.

    The tax man a cometh.

    jeremy -do what you gotta do- jive
  16. Ditto Much

    Ditto Much TRIBE Member

    A fact very few people keep in mind when dealing with a landlord. Often bringing them into court means that they are going to have to admit to tax fraud in an open court to win!!!
  17. Destro Sanchez

    Destro Sanchez TRIBE Member

    we WOULD of given 60 days if we were told we could move in oct 1st.

    ....and bribing them. ha!

  18. Hal-9000

    Hal-9000 TRIBE Member

    I fuckin hate landlords.
  19. Jeremy Jive

    Jeremy Jive TRIBE Member

    I used to work for Statistics Canada on the 1985 census. There were so many people who were deathly afraid and violently apposed to filling out their forms. 90% of the time it was because they had unclaimed rental units in their house or building and didn't want to get caught. They just didn't understand that census information can not be transmitted to any other ministry, department or agency.

    If your landlord never claimed the apartment or never had it properly inspected, the tribunal will have that dealt with in swift order.

    jeremy -you may have the upper hand- jive
  20. ~atp~

    ~atp~ TRIBE Member

    This sounds like something he may have done. I have to go by tonight, so I'll see what he says when I say: "I'm going to have to report to the Housing Tribunal in regards to this issue and let them handle it"...
  21. MalGlo

    MalGlo TRIBE Member

    i agree with Ian 100%.... thats sneaky of the landlord.... its your place still and they can't just rent it out like that..

    it'd be different if you had said u were basically moved out and gave permission for the next guy to start moving in a bit early.

    but i don't think u did that. i'd file a complaint and request money back...
  22. ~atp~

    ~atp~ TRIBE Member

    For anyone that's interested, I have spoken to a CSR at the Ontario Housing Tribunal, and the following information both explains my case and clarifies some other issues (you may be interested):

    • If a fixed lease has been signed until a certain date and you have not explicitly terminated the lease prior to that date, then you have the rights as a tenant until the end of that lease.
    • As a tenant, therefore, if you decide to move out early in the lease, the landlord has no right to use your rental unit for purposes other than those expressly authorized by you or according to the contract/lease and/or the tenancy agreement.

      The following critical exception applies:
    • If one of the tenants in your rental unit is in the immediate family of the landlord and that tenant shares the bathroom and/or the kitchen, then the tenancy agreement no longer applies.

    Unfortunately, (and I neglected to mention this to you guys earlier), one of the tenants who still lives there is the son of the landlord. Therefore, the tenant agreement does not apply and the landlord has effectively the right to do what the fuck he wants. Asshole.

    Ah well...I'll still write him a formal letter demanding the money, but legally he isn't required to do so.

    Anyone else who's in a similar situation should be careful! ;)
  23. DeepSix

    DeepSix TRIBE Promoter

    ^^^ I guess you share a kitchen and/or bathroom eh?

    I'd still threaten him with the housing tribunal...especially if he isn't claiming it...or you suspect he is...

    Hey, he doesn't know that you know that he knows that you don't know!

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