Personal Finance

Sticky Situation - Was late for rent a couple days - Landlord wants ME to cover late

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  • Nov 10th, 2014 4:54 pm
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Newbie
Aug 18, 2014
66 posts
1 upvote

Sticky Situation - Was late for rent a couple days - Landlord wants ME to cover late

Hello guys.

I'm currently at my wits end with my landlord in the house i rent a room in. Need some advice! Im in scarborough. Apparently the place was a scene of a drug related shooting back in 2011 that i just read about now....

Facts:
-Paid first and last on June 29, july 1
-Signed no lease whatsoever


-Was paid on September 1 by direct deposit (holiday monday),
-lost bank card august 31 - no bmo branches open on sundays where i am
-got card replaced on september 2nd but didnt know it wasnt working right until Thursday (sept 4) (using company card to pay for lunches and such)
-Went to the bank to fix my card, paid the landlord the 500 that was owed to her for rent today (sept 5).
-Kept receipt of deposit from CIBC branch that it was done to

Now shes freaking out that I still owe her $250 more due to her mortgage bouncing because of me not being able to pay the rent on time.

Now, keep in mind, im in the process of looking for another place to live based on other situations as follows:
-She constantly states out loud on several occaisions that she wants to kill herself over stupid things - not sure if its joking or not but sounds serious enough to warrant some thought about moving
-when shes angry at someone she states that she wants to stab the person.. again not sure if joking or not but warrants enough to think about safety.
-She let someone stay there for free for two months before and even when i was there. - i have no
-on days of excessive heat she does not turn on AC - house is a literal death trap during the hotter summer days and nights especially when its hotter by 15-20 degrees inside than it is outside.
-need a place that will take funds right from my bank account on a set date to avoid this scene again.

What should I do, Do i?

-let her keep the 500 and still stay there in the conditions i listed above and pay the 250 extra?
-pack my stuff and go to CIBC with my receipt demanding my money back because of inablility to live in the place any longer?
-give 30 days notice and stay but part time as ive been offered other places to live since everyone ive talked to about my current situation says i should get the hell out of there asap.


Need your opinions.
38 replies
Deal Addict
Aug 12, 2004
4511 posts
2168 upvotes
Calgary
NissanGuy02 wrote: Now shes freaking out that I still owe her $250 more due to her mortgage bouncing because of me not being able to pay the rent on time.

I was reading through your post and thinking as I went down that you were giving lots of excuses about why you were late...until I read this gem of ridiculouslness.

She can fly a kite. Her mortgage has absolutely no bearing on your lease, and you have absolutely no obligation to pay such a farce. If she tries to force it, report her to the tland and tenant board. I would not be surprised that the place is an illegal rental.

Read up on your rights here

http://www.ltb.gov.on.ca/en/

Also, you should move out as quick as you can. You will get seriously hurt here. Your pet peeves about stuff like A/C are meaningless though. Unless you have a lease agreement that A/C is provided, which you have no such agreement.
Newbie
Aug 18, 2014
66 posts
1 upvote
As it may seem as excuses, its the facts and truth.

Also, as i stated before, I had no signed lease.

im under the assumption i can get my 500$ back from the branch i did the deposit at since i have the receipt and proof.
Newbie
Aug 18, 2014
66 posts
1 upvote
also i know she has one illegal rental unit that she admitted to me already

its a toronto housing house that shes renting rooms out from and renovating as well.
Moderator
May 28, 2012
12484 posts
5278 upvotes
Saskatoon
Why would the bank give you your money back? It's not like a credit card transaction where you have the possibility to dispute a charge. I would definitely move since the landlady sounds like she is crazy.
Jr. Member
Oct 12, 2009
145 posts
37 upvotes
NissanGuy02 wrote: As it may seem as excuses, its the facts and truth.

Also, as i stated before, I had no signed lease.

im under the assumption i can get my 500$ back from the branch i did the deposit at since i have the receipt and proof.
Good luck getting back the money you deposited into someone else's account.
Deal Fanatic
Jul 3, 2011
6517 posts
3798 upvotes
Thornhill
The only thing that matters in your posts is that your rent payment was due on Sept. 1 and it was late.

If you somehow manage to get it back, it will still be due her.

The charge for her mortgage as Firebot stated is not your problem however.
Newbie
Aug 18, 2014
66 posts
1 upvote
im not disputing that it was late. dont get me wrong. i know it was late and got it fixed and shes now expecting me to pay the 250$ bounce fee.
Moderator
May 28, 2012
12484 posts
5278 upvotes
Saskatoon
NissanGuy02 wrote: im not disputing that it was late. dont get me wrong. i know it was late and got it fixed and shes now expecting me to pay the 250$ bounce fee.
I have never had a cheque bounce in my life, but that $250 seems awfully high - did she come up with that number herself? Is she including an "admin" fee?
Newbie
Aug 18, 2014
66 posts
1 upvote
i dont know and i didnt bother to ask yet. im looking into just packing my stuff and out the door i go tomorrow. one cannot have a civilized conversation with her without her getting loud and screaming.
Member
Sep 10, 2012
274 posts
39 upvotes
The bounce fee is her fault for having the mortgage payment so close to the rental due date (also, the lasts months rent should be insurance against that...). ***** happens and people forget and need a reminder sometimes. Her only legal recourse is to give you 14 days notice to pay the rent or move out (after which, if you do neither, she can apply for eviction), but you've paid the rent now. CIBC won't give you your money back, but I'd give notice that you're leaving and start looking for a new place.

http://www.ltb.gov.on.ca/en/Key_Informa ... 11478.html
If a tenant is late with their rent, what can the landlord do?

If a tenant does not pay rent on the date that it is due, the landlord can give the tenant a Notice to End a Tenancy Early for Non-payment of Rent (Form N4). This notice gives a tenant who pays rent monthly 14 days to pay the rent due or to move out. If the rent is not paid, and the tenant does not move, the landlord can make an application to the Board for an order:

requiring the tenant to pay the rent that is owing, and
evicting the tenant if they do not make the entire payment by a specified deadline
See the Board’s brochure on If a Tenant Does Not Pay Rent for more information.

If a tenant is often late with the rent, the landlord may give a Notice to Terminate a Tenancy at the End of Term (Form N8) for persistently paying rent late. Daily or weekly tenants must be given 28 days notice and in all other cases, the tenant must be given 60 days notice. In this case, the landlord can apply to the Board for an order evicting the tenant right after giving the tenant the notice.
Newbie
Aug 18, 2014
66 posts
1 upvote
and will the landlord tenant board look into issues where a written lease was and still isnt present.
Newbie
Aug 18, 2014
66 posts
1 upvote
by the way thanks have been given to those who responded to this. i really appreciate all your input.
Deal Fanatic
Jun 11, 2005
8633 posts
2399 upvotes
Mississauga
Firebot wrote: I was reading through your post and thinking as I went down that you were giving lots of excuses about why you were late...until I read this gem of ridiculouslness.

She can fly a kite. Her mortgage has absolutely no bearing on your lease, and you have absolutely no obligation to pay such a farce. If she tries to force it, report her to the tland and tenant board. I would not be surprised that the place is an illegal rental.

Read up on your rights here

http://www.ltb.gov.on.ca/en/

Also, you should move out as quick as you can. You will get seriously hurt here. Your pet peeves about stuff like A/C are meaningless though. Unless you have a lease agreement that A/C is provided, which you have no such agreement.
As Firebot stated read up on your rights. Not only will it help you in this situation but many more in the future.
Sr. Member
User avatar
Mar 13, 2012
865 posts
145 upvotes
Planet Earth
NissanGuy02 wrote: and will the landlord tenant board look into issues where a written lease was and still isnt present.
Technically, yes, oral agreements are valid but I wouldn't be too reliant on this.

F*** the landlord for you paying a bounced payment... too bad so sad...
If at first you don't succeed, destroy all evidence that you even tried.
Banned
User avatar
Jun 2, 2009
2738 posts
181 upvotes
Toronto
A Bounced cheque is 45 bucks at the most and no you dont have to pay that...., i would just cut losses and leave, sounds like a miserable place to live.
Idle hands are the devils playthings
Deal Addict
Dec 21, 2011
3518 posts
689 upvotes
Allenford
she's way out to lunch but you are to an extent as well - you can't go to cibc and get your money back. what she did prior to you living there has zero to do with you. you did not 'fix' the issue of a late payment by paying it eventually. you were late, period.

Take responsibility before your next rental move, make sure you have a lease for your protection with all the rental and living conditions outlined, reasonable and agreed to. and pay your rent on time.
Deal Expert
Aug 2, 2001
18945 posts
10527 upvotes
All legislation aside, my personal opinion is that if your unwillingness to pay rent on time has caused her to incur a fee (that she can provide evidence for) then you should take responsibility for the fee. While we can go into the spiral of "she shouldn't have been stretched that thin to begin with", the bottom line is, in my opinion, if you are causing someone else to incur a fee because you chose not to honour your rental agreement, then you should give consideration to covering the fee.

Again, 100% my opinion. Obviously there is no legal standing for this. As others have stated, you should talk to the landlord tenant board about your rights. But sometimes, you do things that you are not obligated to do because it is the right thing to do. It is up to you to determine what is right.
Deal Fanatic
Mar 24, 2008
6278 posts
2753 upvotes
Toronto
NissanGuy02 wrote: Hello guys.

I'm currently at my wits end with my landlord in the house i rent a room in. Need some advice! Im in scarborough. Apparently the place was a scene of a drug related shooting back in 2011 that i just read about now....

Facts:
-Paid first and last on June 29, july 1
-Signed no lease whatsoever


-Was paid on September 1 by direct deposit (holiday monday),
-lost bank card august 31 - no bmo branches open on sundays where i am
-got card replaced on september 2nd but didnt know it wasnt working right until Thursday (sept 4) (using company card to pay for lunches and such)
-Went to the bank to fix my card, paid the landlord the 500 that was owed to her for rent today (sept 5).
-Kept receipt of deposit from CIBC branch that it was done to

Now shes freaking out that I still owe her $250 more due to her mortgage bouncing because of me not being able to pay the rent on time.

Now, keep in mind, im in the process of looking for another place to live based on other situations as follows:
-She constantly states out loud on several occaisions that she wants to kill herself over stupid things - not sure if its joking or not but sounds serious enough to warrant some thought about moving
-when shes angry at someone she states that she wants to stab the person.. again not sure if joking or not but warrants enough to think about safety.

-She let someone stay there for free for two months before and even when i was there. - i have no
-on days of excessive heat she does not turn on AC - house is a literal death trap during the hotter summer days and nights especially when its hotter by 15-20 degrees inside than it is outside.
-need a place that will take funds right from my bank account on a set date to avoid this scene again.

What should I do, Do i?

-let her keep the 500 and still stay there in the conditions i listed above and pay the 250 extra?
-pack my stuff and go to CIBC with my receipt demanding my money back because of inablility to live in the place any longer?
-give 30 days notice and stay but part time as ive been offered other places to live since everyone ive talked to about my current situation says i should get the hell out of there asap.


Need your opinions.
I think you just need to do a few stupid things to "push" her over the threshold. Lmao, such drama!

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