problem with landlord. he is threatening legal actions...

[Forsaken_Angel]

so i moved into this room about 3 months ago. i never signed any kind of lease agreement, nor have i ever gotten any rent receipts and paid with cash each time. the guy was a complete dickhead and i really couldnt take his **** anymore so last week i decided to pack my stuff up and leave. i knew i would have no chance of getting my damage deposit back so i didnt even try. he emailed me saying that i owe him rent for this month and that if i dont pay him he is going to take "legal actions". i told him that i never signed a lease and that he has no proof i ever even rented a room from him and that damage deposits were mainly to cover no notice move outs. he replied saying that all the proof he needed was in my email and that hes is going to "come after me" now. im really not afraid of anything happening from it but was just curious if there is anything that he can do. his only proof of anything is from a hotmail account and its not like that can stand up in court or anything can it? anyone can make a hotmail account in any name....

[XxXSnake23XxX]

please refer to this thread:
http://www.redflagdeals.com/forums/s...d.php?t=722173

[Kommander_KornFlakes]

Good luck on his tryin to get you, my friend's brand new car was stolen and cops didn't even want to come to take a report, they told him to fill-up a form at his nearest station, now this guy thinks they will care about him, you and $350 of rent?

[CheapScotsman]

While he always could take you to court or the rental tribunal or whatever ... and the court COULD rule in his favor ... its going to be tough without any agreement on amounts to be paid, conditions for renting, etc. HIs prospects are slim

You have already replied to him so I'd say you are done.

You could ignore him until the court order appears (that is what I would probably do)

You could always put a bit of pressure back on him ... Contact him and ask him "are you declaring this income with revenue canada?" and/or "has the city bylaws and zoning division has approved his "suites" for rental"?

[Bzji]

no contract, no legal document, screw him

[spf1971]

Good luck on his tryin to get you, my friend's brand new car was stolen and cops didn't even want to come to take a report, they told him to fill-up a form at his nearest station, now this guy thinks they will care about him, you and $350 of rent?

What does being sued for breech of contract have to do with the police? Other than absolutely nothing!

The OP has a verbal agreement with the landlord and is required to give at least 28 days days notice, whether the landlord is willing to go to the effort of suing is another issue but he has that power.

"If a tenant wants to leave

* A tenant must give their landlord a notice in writing if they plan to move out. This is called a notice oftermination. The date the tenant plans to move out is called the termination date.
* A daily or weekly tenant must give at least 28 days notice of termination. If renting by the week, the termination date must fall at the end of a week.
* A month to month tenant must give at least 60 days notice of termination. The termination date must fall at the end of a month. "
http://www.knpha.ca/ending_tenacy2.html

[ullyeus]

You owe him the money....so pay him? be an adult.

[jstaneon]

asking for a damage deposit is illegal. He owes you money.

[Forsaken_Angel]

While he always could take you to court or the rental tribunal or whatever ... and the court COULD rule in his favor ... its going to be tough without any agreement on amounts to be paid, conditions for renting, etc. HIs prospects are slim

You have already replied to him so I'd say you are done.

i replied with a hotmail account... i could see using a isp email account where my name is documented. i could always argue that its not my email account and that he made it up couldnt i? its basically his word against mine.

asking for a damage deposit is illegal. He owes you money.

how so? every place i have ever herd of renting requires a damage deposit.

[ullyeus]

asking for a damage deposit is illegal. He owes you money.

While I can't quite understand what this guy is saying..if I get the gist (that it's illegal for the landlord to ask/keep your deposit) then he is wrong...

landlords can keep your security deposit if you move out without notice (in some provinces it's 30 days, some 15, etc)

edit...or maybe he is saying he can't ask for one when he moves in? which is also totally wrong...

[ullyeus]

i replied with a hotmail account... i could see using a isp email account where my name is documented. i could always argue that its not my email account and that he made it up couldnt i? its basically his word against mine.

Again, I'd just pay it but I'm a standup kinda guy.

Can you proof that you lived somewhere else the last 3 months?

[spf1971]

i replied with a hotmail account... i could see using a isp email account where my name is documented. i could always argue that its not my email account and that he made it up couldnt i? its basically his word against mine.



how so? every place i have ever herd of renting requires a damage deposit.

Sure, but to do that you would have to declare in court it wasn't your email account. If it's proven that it is, now not only are you on the hook for the rent but you have also committed perjury.

[Forsaken_Angel]

Again, I'd just pay it but I'm a standup kinda guy.

Can you proof that you lived somewhere else the last 3 months?

i thought our justice system was based on the belief of innocent until proven guilty. why do i have to prove where i have lived for the past 3 months. and it wouldnt be hard to get a friend sayin they let me stay at there place...

oh and i gave him 2 months rent for a damage deposit which is against albertas rental laws. i dont care about that but i was only supposed to be there for 6 months. at most i would only have to pay him 1 months rent correct? but with no contract how does he hope to prove what i was paying and for how long i was supposed to be there? no proof = no case reguardless of wether or not i have already admitted i rented from him from an email...

[EmperorOfCanada]

Perhaps rather than just 'screwing the guy over' why not look into whether you have any legitimate legal reasons to move out. There must be exceptions to the 'give 28 days notice' rule, perhaps you fit into one of those exceptions.

Also like another previous poster mentioned, inform him that if he is going to be taking you to court that you would like to request the receipts for the months you DID pay, as well as something showing that he has your deposit (I am assuming that he legally has to provide you with a receipt?)

Try to keep communications in writing. Especially good if you can get him to gloat about keeping your damage deposit or not providing receipts etc.

[EmperorOfCanada]

i thought our justice system was based on the belief of innocent until proven guilty. why do i have to prove where i have lived for the past 3 months. and it wouldnt be hard to get a friend sayin they let me stay at there place...

oh and i gave him 2 months rent for a damage deposit which is against albertas rental laws. i dont care about that but i was only supposed to be there for 6 months. at most i would only have to pay him 1 months rent correct? but with no contract how does he hope to prove what i was paying and for how long i was supposed to be there? no proof = no case reguardless of wether or not i have already admitted i rented from him from an email...

I could be wrong on this but I think the burden of proof in criminal court is not the same as it is in civil court. Im sure someone else can correct me if I am wrong, or elaborate if i am right.