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Landlord abusing the Section 5 Exemptions of the ACT

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  • Nov 11th, 2017 11:55 pm
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Deal Addict
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Mar 23, 2008
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Getbread wrote:
Nov 7th, 2017 10:57 pm
So I will stay here until Dec 12, do the inspection together with him, but what if he for some reason decides to keep my rental deposit at that time ( It will be like 1000/2= 500 pro rated) .........what should I do? REfuse to leave unless it has been provided?

Thanks .
Small claims court, at that point. If you think it's worth it. What else are you going to do? Camp out and never leave for the rest of the month? That's not realistic.

C
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Jan 6, 2011
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The notice is invalid. OTB had strict process and tenants can rectify i.e. pay up within 3 days then notice is nullified.

Or OP didn't pay up and knows landlord is applying for OTB eviction?

I don't understand why OP has to leave based on invalid notice.
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Jan 19, 2011
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LongLiveRFD wrote:
Nov 8th, 2017 7:21 pm
The notice is invalid. OTB had strict process and tenants can rectify i.e. pay up within 3 days then notice is nullified.

Or OP didn't pay up and knows landlord is applying for OTB eviction?

I don't understand why OP has to leave based on invalid notice.
Clearly you missed the fact that it is shared accommodation, so the Residential Tenancies Act does not apply.
"The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is."
Just a guy who dabbles in lots of stuff learning along the way. I do have opinions, and readily share them!
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Jul 29, 2013
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fieldhousehandyman wrote:
Nov 8th, 2017 7:41 pm
Clearly you missed the fact that it is shared accommodation, so the Residential Tenancies Act does not apply.
Besides, who would want to stay when they are not wanted?
[OP]
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Nov 2, 2017
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profile wrote:
Nov 8th, 2017 11:06 pm
Besides, who would want to stay when they are not wanted?
Hard to find a suitable place.......all the places were rented out to students back in September..
[OP]
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Nov 2, 2017
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CNeufeld wrote:
Nov 8th, 2017 7:05 pm
Small claims court, at that point. If you think it's worth it. What else are you going to do? Camp out and never leave for the rest of the month? That's not realistic.

C
Ok lets confirm this:

Due to the fact I am not protected by the RTA because of Section 5 (i) sharing a common space with the landlord:

a) The LL has a right to keep my Last Months Rent (LMR), even due to the fact there are no damages

b) If there are damages, the LL may keep my LMR

c) LMR can not be used to pay for damages

a b or c?
[OP]
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Nov 2, 2017
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Whats the point of letting the air out of his tires?

He will just go to the gas station and pump more air in.


or ask his rich daddy to buy him a new car.
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Jan 19, 2011
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Getbread wrote:
Nov 9th, 2017 12:37 am
Ok lets confirm this:

Due to the fact I am not protected by the RTA because of Section 5 (i) sharing a common space with the landlord:

a) The LL has a right to keep my Last Months Rent (LMR), even due to the fact there are no damages

b) If there are damages, the LL may keep my LMR

c) LMR can not be used to pay for damages

a b or c?
You are covered by common law, which would mean your last months rent is a deposit to cover your last month of tenancy, so he cannot keep it. If there are damages however, he may use that in part or in whole to cover them, and if required, ask you for the balance. Normal wear and tear does not count as damages.

As I have mentioned, I doubt you are going to have much in the way of issues, as your LL may be a total dick, but he is following the letter of the law.
"The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is."
Just a guy who dabbles in lots of stuff learning along the way. I do have opinions, and readily share them!
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Mar 23, 2008
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Getbread wrote:
Nov 9th, 2017 12:37 am
Ok lets confirm this:

Due to the fact I am not protected by the RTA because of Section 5 (i) sharing a common space with the landlord:

a) The LL has a right to keep my Last Months Rent (LMR), even due to the fact there are no damages

b) If there are damages, the LL may keep my LMR

c) LMR can not be used to pay for damages

a b or c?
My take would be that you should look to your lease agreement first of all. What does it specify as far as the last months rent or damages?

C
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Dec 25, 2006
159 posts
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OP, my suggestion would be to simply talk to the owner. I am unsure why you have not tried to do so in the first place. It seems to me that you went straight on RFD and also to a lawyer for wrong advice.

You live in shared accommodation and clearly run into the owner every so often. Simply ask them what the issue is, tell them about your situation, and come to terms. You ought to get the outcome of the meeting in writing however. As others have pointed out, you are not wanted there so tell them that you have agreed to move out and are finding a new place to leave as soon as possible. Also tell them that since you are an ideal tenant, nothing is damaged and you expect full return of your pro-rated rent for the month of December. Ideally, move out before Dec 1st and retain the full month's rent.

Forget about changing locks and other stupid suggestions. Have a simple conversation like an adult.
[OP]
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Nov 2, 2017
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kingsha wrote:
Nov 9th, 2017 1:29 pm
OP, my suggestion would be to simply talk to the owner. I am unsure why you have not tried to do so in the first place. It seems to me that you went straight on RFD and also to a lawyer for wrong advice.

You live in shared accommodation and clearly run into the owner every so often. Simply ask them what the issue is, tell them about your situation, and come to terms. You ought to get the outcome of the meeting in writing however. As others have pointed out, you are not wanted there so tell them that you have agreed to move out and are finding a new place to leave as soon as possible. Also tell them that since you are an ideal tenant, nothing is damaged and you expect full return of your pro-rated rent for the month of December. Ideally, move out before Dec 1st and retain the full month's rent.

Forget about changing locks and other stupid suggestions. Have a simple conversation like an adult.
I tried to talk to the LL, he wants to rent the whole unit out, so he needs the excuse that I paid rent one day late to kick me out.

This is not a perfect world where everything works out perfect as you think. I just want my LMR/2 back then I am happy.
[OP]
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Nov 2, 2017
16 posts
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CNeufeld wrote:
Nov 9th, 2017 9:52 am
My take would be that you should look to your lease agreement first of all. What does it specify as far as the last months rent or damages?

C
Lease agreement says " LMR cannot be used to pay for damage or theft" as I previously stated.

I just dont trust LL to abide by the lease, LL probably thinks " LMR/2 is only 500...if I keep it he wont bother to take me to small claims for it".

Sigh......
[OP]
Newbie
Nov 2, 2017
16 posts
1 upvote
CNeufeld wrote:
Nov 9th, 2017 9:52 am
My take would be that you should look to your lease agreement first of all. What does it specify as far as the last months rent or damages?

C
Uhmmmmmmm I realized his signature is not onthe lease, would this be a problem?
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Getbread wrote:
Nov 10th, 2017 1:45 am
Lease agreement says " LMR cannot be used to pay for damage or theft" as I previously stated.

I just dont trust LL to abide by the lease, LL probably thinks " LMR/2 is only 500...if I keep it he wont bother to take me to small claims for it".

Sigh......
I don't know where you said that, but ok... Doesn't seem like he would have much of a leg to stand on then. And that very well may be what he's thinking. It's up to you to decide whether it is worth it to you.

As far as the signature goes... Is any of it written by hand? Do you recall if HIS copy was signed by both of you? You're getting into the "he said/he said" area (since I'm assuming your landlord won't have something signed by you that's more credible than your lease), and then it's up to the judge to decide who's more credible.

C
[OP]
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Nov 2, 2017
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CNeufeld wrote:
Nov 10th, 2017 6:00 pm
I don't know where you said that, but ok... Doesn't seem like he would have much of a leg to stand on then. And that very well may be what he's thinking. It's up to you to decide whether it is worth it to you.

As far as the signature goes... Is any of it written by hand? Do you recall if HIS copy was signed by both of you? You're getting into the "he said/he said" area (since I'm assuming your landlord won't have something signed by you that's more credible than your lease), and then it's up to the judge to decide who's more credible.

C
Omg this is turning out to be a headache.

I really think I should take something and say " Hey give my deposit back or Im keeping this"

Signature:

He emailed me the lease (yes I have a copy of the email) , I signed it and emailed it back...so that should prove the validity of the lease in court?

Plan:
  • Keep the keys (expensive MEdeco condo keys) , and say I keep the keys until you pay the deposit $500.

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