Landlord & Tenant Act

[WonderWoman]

Are their any Landlords out there that have been sued by a tennant? I was told by our tennant they were not paying the next two months rent and they were moving out Dec. 15th. Reason not going to pay at the time was that the shower had mold and it alomost killed her grandson who has asthma because he spent time in the bedroom adjacent to it (mean while she is a chain smoker). I had someone come out to inspect and they almost laughed at what they saw in the shower. I had no choice but to clean it myself-I scrubbed the wee bit of black stuff off before even useing any mildew and mold cleaner. I then proceeded to use a product to clean the hard water. It was spotless when I was done.
After much thought-my hubby and I decided not to issue N4 form as we thought we would spend more time and money(hubby missing work) fighting for money we would prob. not see anyway. (Rent is $1500.00 a month) Thus we settled things with tennant and just expected them to leave by Dec. 14th. LMAO!!
Welllllll, I get a call tonight from the B*TCH-saying she now (a month from leaving(suspicious t osay the least)) is moving out Dec. 13th, and went and got a kit from the Health Unit and tested the water-she said the Inspector wanted to shut the house down because of heavy amounts of bacteria found from all the damage from the pipes (about 2 1/2 weeks prior to that she paid someone out of pocket to look at the water softener unit-they said it was broken) She told the Inspector the water softener which seem to be the catalyst to the bacteria in water was being fixed-so the house wouldn't be shut down-aka they wouldn't have to pack their sh*t up early to go somewhere else. (If it was such a HUGE issue why weren't we the owner's of the home contacted??)
So with this info. she decided to black-mail me 2night-asking for a total of 6months rent to compensate her for this issue and for all the money they decided to put into the house (painting pretty much) and if I did not give it to her she will be sueing me for everything ( I am assuming that meant back rent for the entire time they have resided at the rental unit)
Thus-resentfully, and with spite- I am filling out the N4 form 2night (eviction notice due to failure to pay rent) to deliver 2morrow-so I can waste all of my valuable time on this pathetic loser-who lives to take advantage of the system-I guess these are the benefits of being a Landlord-ugggggghhhhh.
Any advice or words of wisdom from a fellow Landlord, someone who is familiar with the Lanlord & Tennant Act, can provide legal advice, or is an ex-tennant who has screwed a Landlord over and would like some redemption points, and is Born Again-lol would be greatly appreciated!! (sorry so long-what's pathetic is, this is the edited version-haha):)

[phatty]

did she show you the results from test or just tell you about it. the inspector woould have to contact you directly if there was anything illegal. CIty inspectors usually arent so nice to give you a warning. Also im pretty sure she has to voice her concerns to you first and give you the opportunity to rectify the situation, if there is anything that even needs to be done. Im not really an expert here I own a couple buildings in saskatchewan and have always had pretty good tenants. From what I have experienced the law usually takes the side of the landlord in disagreements. To me it sounds like she is just trying to rip you off. Dont give her a dime and it couldnt hurt to just pay and talk to a lawyer that knows the law in and out, i mean a hour of there time might be 150-200 bucks. could save you a lot of headaches in the future

[faller]

Oh boy! We just went through the renter from hell!! As to the act i'll wait until my wife gets home and i'll show her this thread. She's way more qualified to answer this than me. She should be here within the hour.

[Mr Ontario]

Yes..this is worth fighting....do not give in or give here dime...anyone in the right mind could see is just trying to scam you. although, follow through a do evict her as soon as possible for whatever you can.

Her saying mold almost killed her son is laughable, is saw any mold what soever appear in the shower, she should have contact you right away so it can be looked into, not wait till this....it's just her excuse of trying to get out without paying. and the fact she smokes would be a good example that would hold up in tribunal court...she is so concerned about her sons condition, she would not pass on second smoke...


if there was an issue with your water, he would of contacted you directly....and I'm not a %100 sure why this tenant is allowing other people to come on your property and access things without your permission?

Just keep up with the proper paper work to cover your ass in the end....etc

[waderow]

lawyer

[faller]

anyone in the right mind could see is just trying to scam you.

Trust me on this one that rational does not apply here...

What province are you in WW?

[thesizzler]

When i rented way back in the day it was always the owner trying to rip me off. Look's like it's changed :)

With that being said, i would tiger upper **** that bitch. She's just trying to scam you.

Good luck !

[Mr Ontario]

and there are such things as Landlord and tenant lawyers out there,,


lawyer

[dremen]

Are their any Landlords out there that have been sued by a tennant? I was told by our tennant they were not paying the next two months rent and they were moving out Dec. 15th. Reason not going to pay at the time was that the shower had mold and it alomost killed her grandson who has asthma because he spent time in the bedroom adjacent to it (mean while she is a chain smoker). I had someone come out to inspect and they almost laughed at what they saw in the shower. I had no choice but to clean it myself-I scrubbed the wee bit of black stuff off before even useing any mildew and mold cleaner. I then proceeded to use a product to clean the hard water. It was spotless when I was done.
After much thought-my hubby and I decided not to issue N4 form as we thought we would spend more time and money(hubby missing work) fighting for money we would prob. not see anyway. (Rent is $1500.00 a month) Thus we settled things with tennant and just expected them to leave by Dec. 14th. LMAO!!
Welllllll, I get a call tonight from the B*TCH-saying she now (a month from leaving(suspicious t osay the least)) is moving out Dec. 13th, and went and got a kit from the Health Unit and tested the water-she said the Inspector wanted to shut the house down because of heavy amounts of bacteria found from all the damage from the pipes (about 2 1/2 weeks prior to that she paid someone out of pocket to look at the water softener unit-they said it was broken) She told the Inspector the water softener which seem to be the catalyst to the bacteria in water was being fixed-so the house wouldn't be shut down-aka they wouldn't have to pack their sh*t up early to go somewhere else. (If it was such a HUGE issue why weren't we the owner's of the home contacted??)
So with this info. she decided to black-mail me 2night-asking for a total of 6months rent to compensate her for this issue and for all the money they decided to put into the house (painting pretty much) and if I did not give it to her she will be sueing me for everything ( I am assuming that meant back rent for the entire time they have resided at the rental unit)
Thus-resentfully, and with spite- I am filling out the N4 form 2night (eviction notice due to failure to pay rent) to deliver 2morrow-so I can waste all of my valuable time on this pathetic loser-who lives to take advantage of the system-I guess these are the benefits of being a Landlord-ugggggghhhhh.
Any advice or words of wisdom from a fellow Landlord, someone who is familiar with the Lanlord & Tennant Act, can provide legal advice, or is an ex-tennant who has screwed a Landlord over and would like some redemption points, and is Born Again-lol would be greatly appreciated!! (sorry so long-what's pathetic is, this is the edited version-haha):)


Talk to a real estate lawer ASAP then e-mail Mike Holmes about this as you will get a reply from his team with info on what you should do.

Holmes on Homes kicks ass:yeah

[MuSuLPhReAk]

Keep all documents (if there were inspections done) and all paperwork that has transpired. It would be great if you can get in writing the part where you better give her 6 months rent or she'll sue you for everything.
A lot of laws depend on the province you are in but you can request all communication to be done in writing between the 2 of you in some provinces. I believe this case would be going to small claims (or rental board) if she does decide to go for compensation. If she is going to go for a large sum, you need to get a lawyer. All those "inspections" she did, is it possible to ask her for the paperwork done and the company who did them?
In essence, you will need to see what cards she is holding and brush up on the laws to know what you are on the hook for and what you are not. The laws for landlord/tenant in my province are pretty fair. I guess it would be the same for most. The only problem is most people don't know them all. Check the rental board website for your province and see your options.

[faller]

The law's in BC lean heavly in the tenants favour, thats why i asked what province does she live in....

[kloan]

Mold in the shower... isn't that usually caused by dirty-ass losers that don't bother to keep shit clean? Sounds to me like she's just a trashy leech trying to scam.

[WonderWoman]

The law's in BC lean heavly in the tenants favour, thats why i asked what province does she live in....

Thanks for such quick, helpful, quality advice everyone!!:) The rental is in London, Ontario. She is definitely someone that knows how to work the system, and has been for the most part of her life. She will provide a good challenge for me, that is for sure. I get the feeling she has had something up her sleeve and has been planning for this from almost day one now. I have no choice but to take her down and make her regret the day she messed with me-l.o.l...I have my homework cut out for me-so I appreciate all the help and support-thanks again!!
I actually just got off the phone with an Inspector from the Health Unit in the area (he apologized for calling so late, but I was so happy to get some answers) The tenant should of provided me with the results of the test and the Inspector's name. He said she could of taken the water from the hose outside that a dog licked or shit on for all they know-haha-so the test is questionable. He also said to know how long bacteria has existed is impossible (she wants to sue for 2 1/2 yrs. worth of rent) He did say that if the water softener was not working properly, it could of affected the pipes and if they got eroded than bacteria could of developed in the water because of this-but who's to say she hasn't tampered with the water softener too. Every time my hubby went there it was unplugged- every time!!!!! It is officially broken now-but for EXACTLY how long-not quit sure because they constantly kept unplugging it. O am trying to get that fixed now.
I have been reading for the last bit on my rights and hers....I just don't have much faith in the system. :(
I will definitely be seeking the advice of a lawyer. I have taken something from all the above replies...they were ALL very helpful!! My mind is going, and my blood is pumping right now.....ofcourse its the weekend and I can't do much now concerning talking to anyone-I will just start building my case on my own and getting all my questions ready to be answered for Monday. So, any other advice or points to be made would be great...there are things I never even considered that were offered above-THANKS everyone!! :help

[MuSuLPhReAk]

Wonderwoman, the hardest thing to do is to control your emotions. You need a clear head for this. Don't let anger or panic cloud your judgment. The outcome will happen depending on the laws. You cannot change that. What you can change is to be fully prepared to defend yourself. And in doing so, you must keep focus on the paperwork, the laws, and the evidence you need. The emotions only get in the way.

I wish the human body would come with an on/off switch for emotions. I could have used it more than once in my life.

Good luck with this. Would be nice to know how it turns up at the end.

[WonderWoman]

can't edit title of thread-anyway oooopsie, I spelled Tenant, with 2 n's (it was bothering me-haha)

[MuSuLPhReAk]

fixed it for you

[WonderWoman]

Wonderwoman, the hardest thing to do is to control your emotions. You need a clear head for this. Don't let anger or panic cloud your judgment. The outcome will happen depending on the laws. You cannot change that. What you can change is to be fully prepared to defend yourself. And in doing so, you must keep focus on the paperwork, the laws, and the evidence you need. The emotions only get in the way.

I wish the human body would come with an on/off switch for emotions. I could have used it more than once in my life.

Good luck with this. Would be nice to know how it turns up at the end.

This is the BEST advice-you are absolutely right!! I need a clear head, not to be cluttered with emotions so I can better prepare myself and do the best job possible. I def. will keep everyone posted. Thanks :)

[WonderWoman]

fixed it for you

l.o.l-thanks

[physique]

there is no way this women has a leg to stand on to sue for 2.5 years of rent, over a bacteria issue that was never brought to your attention. i dont care what province u live in and what the tenant/landlord act says. its just a guidline anyways.

this only came about in the last month, even the renter didnt know. someone above said it too, why didnt she clean the mold with bleach,. a good bathroom cleaner has bleech in it and most people clean there showers once a week.

something smells rotten here. i would evict the bitch, fix the place up, and let the tenacy act sort it out. no way they will side with the tenant and give her 2.5 years of rent back. no way!

[faller]

No they won't give her 2 and 1/2 years of rent. They won't give her any for that matter... MF said it best, paper, paper and more paper is what will help you in the end... Good luck and keep us posted.

[PdH]

Ok, you have two separate legal issues to deal with. Landlord/tenant in regard to the unpaid rent, and the bacteria thing, which falls under the law of torts. Essentially with the bacteria thing, she must prove negligence on your part based upon a balance of probabilities. However, she must be able to demonstrate and quantify some type of harm, which I don't know if she can or not. Basically, if she can demonstrate quantifiable harm the court will look at whether a reasonable landlord in the same circumstances would have acted in the same manner, or whether they would have been more prudent in ensuring the pipes, or whatever the source of the bacteria was, were properly remedied.

I don't know all the facts of your situation, nor is there any room for speculation in regard to assessing a legal matter. What I will say is this, if she attempts to litigate in any court other than small claims it will cost more for legal representation than she would get in a remedial/compensatory judgment, assuming she's awarded the equivalent of 2 1/2 years rent. If she goes to small claims there's a $10,000 limit on compensatory awards in most provinces. Some provinces are less.

Don't get all bent out of shape about it. Let her move out as planned, or proceed with your eviction, and deal with any litigation when it comes. In the meantime record facts (not speculation) and keep them safe. Civil litigation moves very slowly and mediation is a mandatory stage because of an overwhelming number of cases, many of which are vexatious, such as this particular matter sounds.

[rob66679]

Sounds really rough... In my province the renter seems to have more power than the Landlord... I know a person who was renting to someone who turned out to be a prescription drug addict, was passing out leaving the stove on ETC ETC.... Finally the Tenant actually started a fire, almost burned the whole place up.... And even then, it still took quite a while to get the Tenant out.... Glad I`m not in your situatuon, I`d probably wind up in jail lol....
Good Luck

[Chunk]

Mold in the shower... isn't that usually caused by dirty-ass losers that don't bother to keep shit clean? Sounds to me like she's just a trashy leech trying to scam.

not all the time, pecker head hahaha...we live in a basement with a non-ventilated bathroom. mold build up no matter how many times we clean it. it can occur after 2 showers...and there is no way we're bleaching and cleaning every day!

it's a pretty piss poor excuse to threaten to sue though...obviously "flip this house" or "extreme makeover: home edition" was on the night before the threat was given.

[daande]

Ya she needs to prove that you have neglected your water softener, which in turn, lead to it developing some sort of bacteria. Also, even if she did prove this, she would have to come up with how it harmed her. Look at the case were that lady sued McDonalds for burning herself with their coffee and they did not have a warning on the cup. She would have not been able to sue if she did not spill it and harm herself.

[ironwill]

Im a landlord as well, believe me its a tough go at times....Documentation is the key, keep everything documented, conversations, dates/times etc...That is the only defense you have, once in awhile send your files into the tenant bureau...We own property in BC, and im 7 hours away, its been a struggle, but things are finally panning out, it took some educating on my end, i figured if they ****ed me over id just go there and chuck their shit out.....not quite so easy, especially in BC...lol...

Good luck, keep us in da loop....

[gsxr750]

Tell her she's going to get a bill for thousands for all the 'damage' they've done to your rental unit :)

[musclehead123]

Theres a lot you can do. Some might not be so great, but what must be done has to be done. I could tell you so many stories of tenants Iv had. Some not even in Canada. PM me because I wont discuss them in the open forum.
But I can tell you this much its always worth a fight, if she has skipped out on paying any months and you didnt write it down that it was okay or that she was forgiven, file against her.
Another thing Iv learned is always challenge tenants. If she says shes going to sue you say "go for it, you'll wish you didnt".
I always say to my new tenants, "you **** with me, I'll **** you over so hard and for so long that you will probably have a nervous breakdown"
Give her a 10day eviction notice for whatever reason loud music, smoking inside when she was not allowed to, or and tell her to **** off.


A little warning for landlords, a friend of mine was renting out to an expected mother. She had the kid and stopped paying rent. Buddy went through court and judge ruled that since she is a new mother and has an infant she cannot be moved for a year. She lived there for a year rent free. The judge never said that she could live there rent free, he only said that she cannot be moved for a year. After she moved my buddy could not find where she lived.

The law in BC tends to lean towards the tenants. I hope its not the same in Ontario.

[Mr Ontario]

I would like to hear more stories :)



Theres a lot you can do. Some might not be so great, but what must be done has to be done. I could tell you so many stories of tenants Iv had. Some not even in Canada. PM me because I wont discuss them in the open forum.
But I can tell you this much its always worth a fight, if she has skipped out on paying any months and you didnt write it down that it was okay or that she was forgiven, file against her.
Another thing Iv learned is always challenge tenants. If she says shes going to sue you say "go for it, you'll wish you didnt".
I always say to my new tenants, "you **** with me, I'll **** you over so hard and for so long that you will probably have a nervous breakdown"
Give her a 10day eviction notice for whatever reason loud music, smoking inside when she was not allowed to, or and tell her to **** off.


A little warning for landlords, a friend of mine was renting out to an expected mother. She had the kid and stopped paying rent. Buddy went through court and judge ruled that since she is a new mother and has an infant she cannot be moved for a year. She lived there for a year rent free. The judge never said that she could live there rent free, he only said that she cannot be moved for a year. After she moved my buddy could not find where she lived.

The law in BC tends to lean towards the tenants. I hope its not the same in Ontario.

[faller]

The key in BC is do not ever go month to month. Get a lease, 3 month or 6 month and at the end of the lease if you want them out it's easy. We learned that the hard way..

[Mr Ontario]

Sounds like a good idea...6 month lease for starters and put in the lease you will re-access it after 6 months due to possible family member wanting to move back in :)


The key in BC is do not ever go month to month. Get a lease, 3 month or 6 month and at the end of the lease if you want them out it's easy. We learned that the hard way..

[musclehead123]

I would like to hear more stories :)

Why so you can pick on me :P

[Mr Ontario]

I will be nice :) Plus we all like some good stories....we can learn from them.



Why so you can pick on me :P

[WonderWoman]

oky-doky...quickie update-things have progressed, I have my hearing on Tuesday in London-uggghhh :( Hopefully the good and honest (which is obviously us) will prevail and this nightmare ends justly!! Wish me luck PLEASE and that we get a judicator that can see through all her lies.

[Mr Ontario]

Hopefully she does not show and you win by default... just remember not cut off the judge off or interrupt the other tenant while they are talking. Have all your ducks in order helps as well :)
Good Luck.....

[WonderWoman]

Thanks for the advice and support Mr. Ontario :)-any and all suggestions are well appreciated and still welcomed.
I hope she doesn't show either but she is most likely detailing her broom now to fly in on.
To be continued...

[WonderWoman]

So this is how part one ended and part two begins:
Part One: She lied her a*s off, and everything is totally geared to help the tenants and not the Landlord's in this crazy circus set-up-but, we still won-yeah!! :)
Part Two: She will never pay (on her own) l.o.l, but she will pay!! So onto the next step........

[Mr Ontario]

Awesome update! Whether you will get some $$ back in the end,,,, it still may have been worth it for the gratification of it... Usually the and I mean usually the judge call tell a liar.

Next step suing her separately? and getting all the cost back for lawyer fees/paper work to submit the case from the start. etc

i'm excited :)

[faller]

Good hear WW.. We're in the same boat, sueing her for the 2 months she lived there without paying rent (long story)... But get this!! We sold the house and evicted her, in her attempt to get back at us she pissed, yes urinated all through the house!! The liveing room carpets were soaked, and the smell!! Gotta love being a landlord, lol.

[vakker]

Good hear WW.. We're in the same boat, sueing her for the 2 months she lived there without paying rent (long story)... But get this!! We sold the house and evicted her, in her attempt to get back at us she pissed, yes urinated all through the house!! The liveing room carpets were soaked, and the smell!! Gotta love being a landlord, lol.

Is vandalism not illegal?

[WonderWoman]

Thanks Mr. Ontario.....u r right-either way- it is very gratifying!! Plus, we actually learned ALOT!!
and Faller....l.o.l, I can't believe people-O.M.G!! That is not funny-that stinks ;) Congrats, on selling the house, but sorry to hear about the mess that she left you in-hopefully you will get the last laugh!! I had a tenant that let their dog piss all through the house and left an old tampon in a vent!!!!!!! GROSSE!!
I can't believe she pissed on the carpets...I am still in shock!!
I def. want to hear how things turn out for you!!
Btw thanks for being supportive....good-luck with your pissy ex-tenant. :)

[faller]

Is vandalism not illegal?

I guess so... Dureing negotiations of the sale of the house it ended up that the buyer was going to be responsible for the clean-up of the yard and the house. I actually just found out about the urine a few days ago when i ran into the buyer and he told me about it..

Funny thing too was the buyer was someone we know quite well, we've been to dinner party's together and whatnot, but it never came to light dureing negotiations. They knew they were buying from us but never mentioned it at the time.

[Retics]

Man thats messed up,, glad she is out,, I have had my share of bad landlords too though as you have had with your tenant , Mine was so nosey I actually caught him in the house when I got home from work a day early and constantly caught him in the back yard with out any notice or invite, over at least once a week for 3 months ,, I went out side and told him if my girlfriend came downstairs in her underwear and he was snooping around I was going to break his jaw!, finally i said screw it and broke the lease and moved out.
I like my privacy and think I was pretty good keeping the property in good condition.
When I think of this b!tch that you had,, wow,, some ppl's children.

[Bowlcut]

This is why I would rather buy XIU and not have to deal with tenants.

[faller]

This is why I would rather buy XIU and not have to deal with tenants.

Down -0.28%, its the soup kitchen for you.:D

[Bowlcut]

Down -0.28%, its the soup kitchen for you.:D

Over what time period my friend? :D

I am all about opportunity cost and tax minimization. Own more than 2 rental properties and watch CRA call it business income so when you go to sell the house the full gain is taxable and not just 1/2. CRA are the biggest gangsters out there.

[PdH]

Over what time period my friend? :D

I am all about opportunity cost and tax minimization. Own more than 2 rental properties and watch CRA call it business income so when you go to sell the house the full gain is taxable and not just 1/2. CRA are the biggest gangsters out there.

AAAHHHH, capitalist sociopathism. Can you smell the refreshing air?