Real Estate

Landlord filed a small court claim

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  • Dec 30th, 2020 9:17 am
[OP]
Newbie
Dec 19, 2020
9 posts
1 upvote

Landlord filed a small court claim

Hello,

I have signed a 1-year lease agreement for a condo starting October 2020 but due to some personal reasons, I wanted to end the lease even before it is started. I told the landlord on September 26th regarding this and of course, he is unhappy with it. I tried to help him by finding a new tenant but he did not let me post an ad and told me I do not have any right to post an ad for his property as a tenant.

I asked him to give me permission to assign a lease to find a new tenant via text message and never responded, so after 6 days I send him an N9 lease termination notice and asked him again if he could let me assign the unit to another tenant but he refused it. So I again sent him the N9 form that I will be vacating the property in 30 days (October 31st). I vacated the property on October 31st and I asked him to keep my last month deposit as rent for the month of November ($2000) to mitigate his losses.

On December he contacted me and told me I need to pay rent for the month of December as he could not find a new tenant and I told him I cannot. So recently I received an email from him asking for my new address to send me a Small court claim or asked me to meet him in person (He attached the single page Affadivit of service(8A form) to the email) I responded him I will pick it up in-person in January 1st week as I'm unavailable now. Now he responded to the email that I have 20 days to defend the claim but I never received the copy of the claim.

Is this the legal way to confirm that I received the copy of plaintiffs claim? He is not responding to email when I requested the copy.

What are the chances of me winning the case in Small court? The defense I have is he did not give me the permission to assign the lease. (I genuinely tried to help him find a new tenant)
33 replies
Banned
Jul 23, 2020
473 posts
417 upvotes
Ignore him and never contact him again. Don’t provide your mailing address or other means of contacting you. Nobody is going to track you down for $2k.
Member
Jul 23, 2020
287 posts
237 upvotes
If you have not been formally served, you cant be sued, so above is correct just ignore them.
[OP]
Newbie
Dec 19, 2020
9 posts
1 upvote
ricodeals wrote: If you have not been formally served, you cant be sued, so above is correct just ignore them.
Thank you for responding, He is saying I have to respond within 20 days with my defense and I'm worried if the claim will be defaulted.
Deal Guru
User avatar
Mar 23, 2008
13002 posts
9929 upvotes
Edmonton
wholesite wrote: Hello,

I have signed a 1-year lease agreement for a condo starting October 2020 but due to some personal reasons, I wanted to end the lease even before it is started. I told the landlord on September 26th regarding this and of course, he is unhappy with it. I tried to help him by finding a new tenant but he did not let me post an ad and told me I do not have any right to post an ad for his property as a tenant.

I asked him to give me permission to assign a lease to find a new tenant via text message and never responded, so after 6 days I send him an N9 lease termination notice and asked him again if he could let me assign the unit to another tenant but he refused it. So I again sent him the N9 form that I will be vacating the property in 30 days (October 31st). I vacated the property on October 31st and I asked him to keep my last month deposit as rent for the month of November ($2000) to mitigate his losses.

On December he contacted me and told me I need to pay rent for the month of December as he could not find a new tenant and I told him I cannot. So recently I received an email from him asking for my new address to send me a Small court claim or asked me to meet him in person (He attached the single page Affadivit of service(8A form) to the email) I responded him I will pick it up in-person in January 1st week as I'm unavailable now. Now he responded to the email that I have 20 days to defend the claim but I never received the copy of the claim.

Is this the legal way to confirm that I received the copy of plaintiffs claim? He is not responding to email when I requested the copy.

What are the chances of me winning the case in Small court? The defense I have is he did not give me the permission to assign the lease. (I genuinely tried to help him find a new tenant)
First, if I was you, I'd start by talking to the LTB.

Second, I don't think you've been properly served (although you're not very specific about how he "contacted" you). Until you've been served, nothing else can happen. How did he identify he served you on the 8A form? Is it accurate?

If you can get this dragged back into the LTB, it would probably be more in your favour. But considering you asked permission to assign the lease and he didn't respond, he doesn't have much of a leg to stand on (IMHO). You should clearly document all the steps you followed (with dates and types of communication clearly marked), and print off the relevant sections of the RTA to go along with your notes, so if it does come down to court, you can argue clearly that:
a) You asked for permission to assign your lease (multiple times), and didn't get a response
b) You have already provided financial compensation
c) You have ticked all the boxes in terms of the process required by the RTA

You should be able to win your case, from what you've said, even if what you've said isn't entirely clear. The details can make or break your case, and we're only reading your side of the situation.

C
[OP]
Newbie
Dec 19, 2020
9 posts
1 upvote
CNeufeld wrote: First, if I was you, I'd start by talking to the LTB.

Second, I don't think you've been properly served (although you're not very specific about how he "contacted" you). Until you've been served, nothing else can happen. How did he identify he served you on the 8A form? Is it accurate?

If you can get this dragged back into the LTB, it would probably be more in your favour. But considering you asked permission to assign the lease and he didn't respond, he doesn't have much of a leg to stand on (IMHO). You should clearly document all the steps you followed (with dates and types of communication clearly marked), and print off the relevant sections of the RTA to go along with your notes, so if it does come down to court, you can argue clearly that:
a) You asked for permission to assign your lease (multiple times), and didn't get a response
b) You have already provided financial compensation
c) You have ticked all the boxes in terms of the process required by the RTA

You should be able to win your case, from what you've said, even if what you've said isn't entirely clear. The details can make or break your case, and we're only reading your side of the situation.

C

Thank you for responding, I just picked the claim in person and he just mentioned that I broke the lease agreement and he is suing me for
1. 1 month of rent ($2000) + 2. $1850 for agent + 3. Difference in rent for 9 months ($1350) + Cleaning $280 (We returned condo sparkling clean) for a total of $5480. He did not mention anything about assigning the lease in the claim.

I have text message as a proof that he did not respond and email as a proof that he refused my lease assignment consent. I also have a video that shows the condo is returned clean.
Deal Guru
User avatar
Mar 23, 2008
13002 posts
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Edmonton
wholesite wrote: Thank you for responding, I just picked the claim in person and he just mentioned that I broke the lease agreement and he is suing me for
1. 1 month of rent ($2000) + 2. $1850 for agent + 3. Difference in rent for 9 months ($1350) + Cleaning $280 (We returned condo sparkling clean) for a total of $5480. He did not mention anything about assigning the lease in the claim.

I have text message as a proof that he did not respond and email as a proof that he refused my lease assignment consent. I also have a video that shows the condo is returned clean.
Why did you do his work for him by picking up the claim in person? If you're not going to take the advice posted, why ask for it? Within 2 hours of your first post, 2 people told you not to reply to him or otherwise engage with him, and then you just went and served yourself.

My advice now... Talk to a lawyer or paralegal, and maybe you'll listen to someone you're paying for advice.

C
[OP]
Newbie
Dec 19, 2020
9 posts
1 upvote
CNeufeld wrote: Why did you do his work for him by picking up the claim in person? If you're not going to take the advice posted, why ask for it? Within 2 hours of your first post, 2 people told you not to reply to him or otherwise engage with him, and then you just went and served yourself.

My advice now... Talk to a lawyer or paralegal, and maybe you'll listen to someone you're paying for advice.

C
My bad. He was threatening me that his wife is a lawyer and within 20 days I need to defend the claim. I'm new to Canada and not aware of the rules here. I could not afford to lose my credit if the claim defaults. I'm trying to defend it now as you mentioned in the previous response I will mention all the RTA in my defense.
Deal Guru
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Mar 23, 2008
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wholesite wrote: My bad. He was threatening me that his wife is a lawyer and within 20 days I need to defend the claim. I'm new to Canada and not aware of the rules here. I could not afford to lose my credit if the claim defaults. I'm trying to defend it now as you mentioned in the previous response I will mention all the RTA in my defense.
He's BS'ing you and trying to bully you into paying him. Stop reacting blindly, or you'll just make it worse. If you're unsure of what you're doing, hiring a professional is the safest route, even if it's not the cheapest.

C
Deal Addict
Jul 22, 2009
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Brampton
Sorry but we hear only your side of the story I am sure he has different version of what happened. That is why we have judges.
Deal Fanatic
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Dec 24, 2002
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wholesite wrote: Thank you I will consult someone.
Yes in ontario you have 20 days to respond otherwise he could note you in default, the LL also has an obligation to mitigate his loss,if he has made a loss because of the early termination you are responsible for that loss. A paralegal would probably cost 3k to 5k to fight this and probably best they could do is negotiate the sum down, I would look at his allegations and see if they are reasonable. Btw I don't think it affects your credit unless there is a judgement against you and you haven't paid in the allotted time.
Member
Dec 29, 2017
358 posts
355 upvotes
CNeufeld wrote: He's BS'ing you and trying to bully you into paying him. Stop reacting blindly, or you'll just make it worse. If you're unsure of what you're doing, hiring a professional is the safest route, even if it's not the cheapest.

C
Good for him that his wife is a lawyer, Keep calm, document all conversations.
Last edited by track2 on Dec 20th, 2020 8:54 pm, edited 1 time in total.
Deal Guru
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Mar 23, 2008
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rb wrote: Yes in ontario you have 20 days to respond otherwise he could note you in default, the LL also has an obligation to mitigate his loss,if he has made a loss because of the early termination you are responsible for that loss. A paralegal would probably cost 3k to 5k to fight this and probably best they could do is negotiate the sum down, I would look at his allegations and see if they are reasonable. Btw I don't think it affects your credit unless there is a judgement against you and you haven't paid in the allotted time.
The 20 days starts after the claim is filed and the defendant has been properly served. Not just from when someone tells you they’re taking you to court. I suspect the landlord never bothered to actually file a for a court date, and the entire thing is just trying to intimidate someone, but without seeing the forms and reviewing, it’s impossible to say. For example, on the 8A form, how does it say the OP was served? And is there a claim number?

And the landlord’s claim is entirely bogus, if things rolled out the way the OP presents. Once he requested the assignment and it was ignored, he was within his rights to terminate the lease. Now, perhaps he should have requested a ruling back in October from the LTB, and that may come back to bite him in the ass...

C
[OP]
Newbie
Dec 19, 2020
9 posts
1 upvote
Upon reading his claim he did not mention anything related to the lease assignment. He just mentioned I terminated the lease early and I have to pay him. I have emails as evidence to prove that he refused my lease assignment request and hence I gave him the N9 form. I also let him keep last month's deposit. Since he served me the claim already by bullying me I will move forward with defending the claim. I feel that I have enough evidence to dispute the claim after a bit of research. Thank you everyone!!
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Mar 23, 2008
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wholesite wrote: Upon reading his claim he did not mention anything related to the lease assignment. He just mentioned I terminated the lease early and I have to pay him. I have emails as evidence to prove that he refused my lease assignment request and hence I gave him the N9 form. I also let him keep last month's deposit. Since he served me the claim already by bullying me I will move forward with defending the claim. I feel that I have enough evidence to dispute the claim after a bit of research. Thank you everyone!!
Was the 8A form filled out with a claim number on it?

ETA: And you should also follow up with the LTB. As I said, it may be in your best interest to have everything done within the LTB hearing system, as the LTB is much more tenant friendly (and understanding of tenants being bullied by landlords).

C
[OP]
Newbie
Dec 19, 2020
9 posts
1 upvote
CNeufeld wrote: Was the 8A form filled out with a claim number on it?

ETA: And you should also follow up with the LTB. As I said, it may be in your best interest to have everything done within the LTB hearing system, as the LTB is much more tenant friendly (and understanding of tenants being bullied by landlords).

C

Ya it has the claim number on it. Would it be possible to contact LTB after I moved out of the unit?. I thought they can only help when I'm still living there.
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Feb 16, 2018
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rb wrote: if he has made a loss because of the early termination you are responsible for that loss.
No He's not. The OP has clearly attempted to sublet the unit and was denied by the landlord. That in itself is a reason why the tenant can terminate the lease early. As per the RTA the tenant is within his rights to sublet and landlord can not unreasonably withhold their consent to sublet, which unless there is more to the story, the landlord did exactly that
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Dec 24, 2002
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HghSsociety wrote: No He's not. The OP has clearly attempted to sublet the unit and was denied by the landlord. That in itself is a reason why the tenant can terminate the lease early. As per the RTA the tenant is within his rights to sublet and landlord can not unreasonably withhold their consent to sublet, which unless there is more to the story, the landlord did exactly that
I haven't read all the ins and outs of the RTA - however i'd be surprised if the tenant can sublease to just anyone - if I rent out my condo to a person I want it based on credit/ references etc. How was a tenant lease to just anyone ?

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