Posted on: 14-10-09 21:50:17
Hi !!
Not sure if this is the right thread....I am looking for some legal advice.
I had rented a basement a year back.
Now that I moved out, the landlord has filed a case against me claiming $10000 for various reasons like mold cleaning and disposal,kitchen repair etc...... Need some advice asap.
can you be more specific pls? did you have any issues while you were living in that house? did you file any claims on landlord?
has he filed in small claims court or landlord & tenant board. I have recently come out of a very messy situation hence know a fair bit of legal stuff.
Quote:
Originally posted by carnations
Hi !!
Not sure if this is the right thread....I am looking for some legal advice.
I had rented a basement a year back.
Now that I moved out, the landlord has filed a case against me claiming $10000 for various reasons like mold cleaning and disposal,kitchen repair etc...... Need some advice asap.
----
get a lawyer ASAP and call the Landlord and Tenant Board...I did'nt know that in Canada they actually do file a case unless it is really necessary...
He kept on harassing us when we stayed there......
My 3 month old baby could have been hurt fatally coz of the broken ceiling. When we complained to him about it he started harassing and presurrising us to move out of the basement. To be on the safe side and to put in front our part of the story we filed in the landlord and tenant board as he kept on sending one notice or the other. In the end just before we moved he filed this case in landlord and tenant board. He is just looking for some easy money to renovate his basement.
What have you dealt with Mel? did you hire a lawyer? how much does it cost?
I have a hearing next week :-(
point no. 1:
once you have moved out of his basement there is no relationship between you. & him as landlord & tenant. His application in landord tenant board would be thrown out! there can only be an app if you still stay in his house.
point no. 2:
if you have filed an app against him earlier, what happened to it? You can still pick it up and follow on it while HIS app is being discussed
point no. 3:
This board is totally leaning towards the tenant & most of the rules go against landlord. so don't be worried just go show up at the hearing and put out all your points in front of judge e.g. how he harassed you, how there was not proper heating/ cooling whatever. Your baby could have been hurt : that is a big issue too and you should mention it. If you put your points across maturely & with details (photos , copies of notices you gave for repairs etc) most likely it will go in your favour.
I did hire a lawyer & he charged us about $250 per representation. But he is a landlord lawyer so might not be able to help you much. Other lawyers usually charge appx $ 300-400 per hour!
For tenants legal help is free. There is legal aid ontario and also at landlord tenant board you can go and request for a counsel which would be free for you. Pls go through the official site of the board which has many details & is quite helpful.
Most imp be confident & put out your points and make your case as being totally harassed. Hope this helps & let me know if you have any more queries.
Quote:
Originally posted by carnations
He kept on harassing us when we stayed there......
My 3 month old baby could have been hurt fatally coz of the broken ceiling. When we complained to him about it he started harassing and presurrising us to move out of the basement. To be on the safe side and to put in front our part of the story we filed in the landlord and tenant board as he kept on sending one notice or the other. In the end just before we moved he filed this case in landlord and tenant board. He is just looking for some easy money to renovate his basement.
What have you dealt with Mel? did you hire a lawyer? how much does it cost?
I have a hearing next week :-(
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this is really tough to hear. I think the Board should provide a lawyer as well...at minimal cost if one is a member etc...
When you move out the relationship is over as mentioned above. But the landlord can charge for damages and that's what he has done in this case. It is amazing to see these kind of problems which can make new immigrants or even not so new immigrant's life hell.
The reason they do this kind of thing is because they know you are not from here and he is trying to intimidate and take advantage. This is one reason not to go for a basement, other than the ones mentioned. Especially if it is an old one and not renovated.
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