Home & Garden

Landlord abusing the Section 5 Exemptions of the ACT

  • Last Updated:
  • Dec 12th, 2017 5:49 pm
Tags:
Deal Guru
Aug 2, 2010
11106 posts
2284 upvotes
engineered wrote:
Nov 6th, 2017 1:10 pm
You're in senior management, why are you sweating a few hundred bucks? Sounds like this isn't a great place to live anyhow. Enjoy your success and live somewhere nicer and less stressful.
Exactly what I was thinking!
Deal Addict
User avatar
May 8, 2002
3794 posts
251 upvotes
Getbread wrote:
Nov 10th, 2017 11:03 pm
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.
Well I guess you could ignore all the advice we've been giving you (from law enforcement included) and do something stupid anyway...

Good luck with that... [/subscribe]
[OP]
Newbie
Nov 2, 2017
26 posts
1 upvote
joshmxpx wrote:
Nov 11th, 2017 9:15 pm
Well I guess you could ignore all the advice we've been giving you (from law enforcement included) and do something stupid anyway...

Good luck with that... [/subscribe]
I just want my deposit back...
[OP]
Newbie
Nov 2, 2017
26 posts
1 upvote
I spoke to two different lawyers, and they both told me that the police will not get involved in evicting me (Only the sheriff from the tribunal will).

I then even called the police pretending to be a landlord trying to evict my tenant, and they told me that the police do not get involved in that (why waste their time with landlord - tenant disputes, when there are real crimes to deal with), and I should call the Landlord tenant board.

So i am not worried about the police evicting me, unless some here has actually experienced being evicted by the police.
Deal Fanatic
Dec 11, 2008
7506 posts
543 upvotes
Landlord tenant board won't help you since you are sharing accommodations, there is no real jurisdiction. This is a small claims court deal.

Your best bet is to take pictures of the place before you leave. Take your belongings and go through the inspection WHEN YOU LEAVE. Leave a few days earlier if you have to and get the inspection done. And have him (landlord) sign off on the inspection that there is no damage and you will get your deposit back ASAP.

"You have to be out by Dec 12, your last months rent will be returned pro rated after 72 hours after you vacated the unit and we are satisfied that there is no damage nor theft.
If you move out earlier than Dec 12, then your last month's rent is forfeited
After 1pm on Dec 12, you will be considered trespassing, and all your items will be disposed of."


Did you ask your lawyer about this because I don't think this is enforceable. He cannot say that you need to leave before Dec 12th, he cannot say that if you leave early you forfeit your deposit (there is no logic to why this is there) and he cannot wait 72 hours to pay you back if you both did a walk through before you leave.


If this money is that important to you, take the day off or half day, set up a walk through with him and get it done. If he refuses to do a walk through, tell him you will not let him do a walk though without you being present to ensure everything is agreed upon.

If none of this stuff he told you is in the lease, he has no ground to stand upon because you did not agree to it. Get everything in writing. This all depends on how much you want the money and how much time you are willing to spend. Follow the law, most likely it will work in your favour if you do it correctly. Takes time and energy and will cost some money up front.
Newbie
Jan 12, 2017
45 posts
9 upvotes
All he has to do is call the cops and say he has an unwanted guest in his home who refuses to leave and feels unsafe - that's technically what you are... a guest
Getbread wrote:
Dec 7th, 2017 1:35 am
I spoke to two different lawyers, and they both told me that the police will not get involved in evicting me (Only the sheriff from the tribunal will).

I then even called the police pretending to be a landlord trying to evict my tenant, and they told me that the police do not get involved in that (why waste their time with landlord - tenant disputes, when there are real crimes to deal with), and I should call the Landlord tenant board.

So i am not worried about the police evicting me, unless some here has actually experienced being evicted by the police.
Deal Addict
Oct 13, 2014
1032 posts
460 upvotes
Somewhere, ON
Getbread wrote:
Dec 7th, 2017 1:35 am
I spoke to two different lawyers, and they both told me that the police will not get involved in evicting me (Only the sheriff from the tribunal will).

I then even called the police pretending to be a landlord trying to evict my tenant, and they told me that the police do not get involved in that (why waste their time with landlord - tenant disputes, when there are real crimes to deal with), and I should call the Landlord tenant board.

So i am not worried about the police evicting me, unless some here has actually experienced being evicted by the police.
I have to chuckle at this, if only because of the circumstances you have stated to the police. If you had given me those same circumstances I would have given you the same reply. Take the advice of others here, cut your losses, leave on the 12th and hope the landlord gives you your deposit back. Keep in mind that anything you do, such as changing the locks or failing to clear out the room may result in the landlord with holding some or all of that deposit for expenses, including the cost of storing your property. He is not going to go to Small Claims Court and get a court order, whereby the Sheriff can then assist him in evicting you. He will instead just do the eviction, keep the deposit and wait for you to take him to Small Claims Court. Once you actually leave he is free to change locks, etc and any subsequent legal action will be up to you to initiate.

Maybe I can suggest that you give the police a different scenario (be warned if you do this and the police act on it then they may look at this as a Criminal offence - Mischief), depending on what you tell them and what they do about it. Tell the police that you are the landlord, you just kicked out a tenant (room rental only, private residence, shared accommodation, not subject to the RTA) and that the tenant is now trying to gain entry to the residence. They could look at this as a Trespass, at the minimum.

Here is the landlord's "defence" section of the C.C. (my comments in bold):
35 (1) A person is not guilty of an offence if
(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property; Landlord's property, not governed by any other legislation, ie - RTA
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so, (Landlord has evicted you from his property)
(ii) is about to take the property, is doing so or has just done so, or (Landlord has a right to be present to ensure it is only your property, if you have not already removed your property as suggested)
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so; (changing the locks could fall under this section)
(c) the act that constitutes the offence is committed for the purpose of (The offence this refers to would be an assault by the landlord on you)
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.

No defence
(2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law. (For the previous section to be true then the landlord would not be able to claim it is his home and property, this is the only section that entitles you to your own property and the landlord cannot keep said property, but it does not say he cannot throw it out in the yard)

EDIT - Consider yourself lucky that Sec. 41 of the C.C. was repealed in 2012. Under that section you could be charged with assault if you chose to trespass upon the property after being evicted. Here is that applicable section FYI:
Defence of house or real property
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.
Assault by trespasser
(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 41.
“When you marry the right woman, you are ‘complete.’ If you marry the wrong woman, you are ‘finished.’ And, if the right one catches you with the wrong one, you are ‘completely finished.'"
Deal Addict
Nov 30, 2003
1896 posts
390 upvotes
Nunavut
Getbread wrote:
Dec 7th, 2017 1:35 am
I spoke to two different lawyers, and they both told me that the police will not get involved in evicting me (Only the sheriff from the tribunal will).

I then even called the police pretending to be a landlord trying to evict my tenant, and they told me that the police do not get involved in that (why waste their time with landlord - tenant disputes, when there are real crimes to deal with), and I should call the Landlord tenant board.

So i am not worried about the police evicting me, unless some here has actually experienced being evicted by the police.
Didn't you say you were a professional of some sort? Why is none of this stuff making sense to you?

Sorry but your lawyers are very wrong and likely not versed in the LTA, not very many of them are, and you also likely didn't explain to the police what the situation actually was, the landlord can easily have police show up and explain the situation to them and have you removed and possibly charged for trespassing

How about this, try calilng the tribunal and see what they say - they actually know what they are talking about vs a lawyer or police

Otherwise, he can and likely will change the locks on you, you will lose all of your stuff if you haven't moved it out by that time

If you put any new locks on your door, he can legally have them removed and potentially take your to small claims for the damages

THESE ARE THE FACTS!! STOP IGNORING THEM!!
Member
Jan 3, 2017
202 posts
153 upvotes
The RTA does not apply to you, I do not understand why you don't understand that. If you are there after the notice given, the landlord will be within his rights to dispose of your "stuff" Don't be surprised to come home from work on the day of the notice and see your stuff on the driveway or simply disposed of in a dumpster somewhere and gone forever.

What are you going to do when the landlord physically refuses to let you in? All he needs to do is change the locks, and prevent you from entering. What are you going to do then?

Changing the locks will not secure your stuff. The landlord will simply cut the lock himself or hire a locksmith company to come out and do it. He/She wants you gone, so go. You have no protection under the RTA based on your circumstances.

Your in for a world of hurt if you plan on staying past the notice given. I'm a landlord however all my rentals fall under the RTA so the circumstances are not the same. BUT if I was your landlord and I wanted you gone and you were still there after the notice given and you didn't fall under the protection of the RTA which you don't I'm doing the following:

I'm dumping your stuff in the driveway or in a dumpster, changing the locks on the doors, physically not letting you in and keeping your deposit for the costs incurred to me by disposing of your stuff.

There's more to this story then what has been told as being 1 day late and that in itself being cause for eviction is not something a reasonable person would do. Was your relationship already strained prior to this?
[OP]
Newbie
Nov 2, 2017
26 posts
1 upvote
fryguy1987 wrote:
Dec 7th, 2017 3:59 pm
The RTA does not apply to you, I do not understand why you don't understand that. If you are there after the notice given, the landlord will be within his rights to dispose of your "stuff" Don't be surprised to come home from work on the day of the notice and see your stuff on the driveway or simply disposed of in a dumpster somewhere and gone forever.

What are you going to do when the landlord physically refuses to let you in? All he needs to do is change the locks, and prevent you from entering. What are you going to do then?

Changing the locks will not secure your stuff. The landlord will simply cut the lock himself or hire a locksmith company to come out and do it. He/She wants you gone, so go. You have no protection under the RTA based on your circumstances.

Your in for a world of hurt if you plan on staying past the notice given. I'm a landlord however all my rentals fall under the RTA so the circumstances are not the same. BUT if I was your landlord and I wanted you gone and you were still there after the notice given and you didn't fall under the protection of the RTA which you don't I'm doing the following:

I'm dumping your stuff in the driveway or in a dumpster, changing the locks on the doors, physically not letting you in and keeping your deposit for the costs incurred to me by disposing of your stuff.

There's more to this story then what has been told as being 1 day late and that in itself being cause for eviction is not something a reasonable person would do. Was your relationship already strained prior to this?
He wants to rent the ENTIRE house out......and me being in one room is preventing him from doing such.
[OP]
Newbie
Nov 2, 2017
26 posts
1 upvote
Eldorado wrote:
Dec 7th, 2017 11:29 am


How about this, try calilng the tribunal and see what they say - they actually know what they are talking about vs a lawyer or police
By tribunal you mean the Landlord Tenant Board? I called the LTB today and they said "sorry we have no jurisdiction...I dont know"
Deal Addict
User avatar
Sep 9, 2012
2020 posts
979 upvotes
Oakville, ON
Getbread wrote:
Dec 7th, 2017 6:48 pm
He wants to rent the ENTIRE house out......and me being in one room is preventing him from doing such.
That’s irrelevant.

It doesn’t matter if he wants to stop renting altogether. Rent more single rooms, or rent the entire house. It doesn’t matter if he wants to leave the house empty, or tear it down and rebuild, or paint everything pink. His future plans have no bearing on the matter.

His end goal is irrelevant - the notice provided to you is the only thing that is relevant. You didn’t receive a notice because of his future plans, you received a notice because of the reasons outlined in the notice.

That’s all that matters. Stop dwelling on this and move on. Please. It’s for your own sake that you need to act and stop trying to rationalize things and stop trying to find means to wiggle out of things. You have no recourse.
Penalty Box
Dec 19, 2009
2556 posts
922 upvotes
Getbread wrote:
Dec 7th, 2017 6:50 pm
By tribunal you mean the Landlord Tenant Board? I called the LTB today and they said "sorry we have no jurisdiction...I dont know"
OMG ... we don't know either.
I just feel like banging my head on the wall.
[OP]
Newbie
Nov 2, 2017
26 posts
1 upvote
"The Residential Tenancies Act, 2006 (RTA) sets the rules for most residential rental housing in Ontario. The Landlord and Tenant Board provides information about the RTA and resolves disputes between residential landlords and tenants. The former Ontario Rental Housing Tribunal is now known as the Landlord and Tenant Board."

Guess the "tribunal" doesnt know either wow.
Penalty Box
Dec 19, 2009
2556 posts
922 upvotes
Getbread wrote:
Dec 7th, 2017 7:53 pm
"The Residential Tenancies Act, 2006 (RTA) sets the rules for most residential rental housing in Ontario. The Landlord and Tenant Board provides information about the RTA and resolves disputes between residential landlords and tenants. The former Ontario Rental Housing Tribunal is now known as the Landlord and Tenant Board."

Guess the "tribunal" doesnt know either wow.
How many times and by how many people will it take before you understand that The Residential Tenancies Act does not apply to you (none of it) because of your shared accommodation. You even said you contacted the LTB and they stated "sorry we have no jurisdiction". What can't you understand?

Top