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Re: Landlord lack of communication
Posted by superlandlord2001 on 2/28/2012, 19:25:27, in reply to "Re: Landlord lack of communication"
After the original poster gets taken to small claims court wouldn't he be on the hook for the court costs and enforcement and possibly have wages garnished? |
: The LTB will award up to the 60 days notice
: period, not award future rent. The landlord
: will have to go to SMC for that. I would
: --Previous Message--
: If he already has your LMR, which would be
: applied to March he will likely return the
: check you have sent him for half of March.
: You will need to file a application to get
: 1/2 of it back but in light of the fact that
: you have both previously agreed for you to
: leave at the end of March I see no way you
: will win.
: Sit back, see what happens and move forward
: with your life. The 1/2 month rent is gone.
: --Previous Message--
: Thanks Gerry!
: I guess my greatest concern is that if he
: takes me to the LTB that they will try and
: get all the money up until the end of our
: Lease (eg. June 1st) He already agreed to
: let us go by April 1st so I assume that he
: couldn't then try and hold us responsible
: for rent until June 1st.
: Additionally, I did call and leave a message
: 5 days ago and I haven't heard anything
: Do you think it's worth our while to go
: ahead and file a request to end our tenancy
: early with the LTB even though we'll likely
: be moved out before we have a hearing? Does
: it make our case look a little better that
: we tried to do it legitimately? Can the LTB
: approve our request after we've already
: moved out? Sounds silly, I know, but I'm
: just curious.
: Additionally, since we've been assaulted and
: harassed by the tenants downstairs, friends
: of the landlord (he continuously told us he
: was going to issue a warning letter, since
: November to be exact) and never did does
: this show a conflict of interest that might
: work in our favour? There was never any hope
: that our complaints were going to be
: addressed in any way thereby forcing us to
: leave the rental unit for our own
: Oh, and yes, we did pay LMR but because
: we're leaving half a month earlier our last
: actual rent payment should only be half.
: I know 15 days sounds weak but after we were
: assaulted by the downstairs tenants we
: applied for a place we really wanted - safe,
: clean, well maintained etc. that we didn't
: think of applying to before hand because of
: our requirements to uphold the agreement of
: our lease. After the incident, we decided
: that it was in our best interest to get out
: of there quickly to a place we could
: guarantee was clean and above board.
: Thank you so much for your attention to our
: situation. So much of the LTB website and
: various interfaces don't answer questions
: like these specifically leaving us to wonder
: wildly about what will happen after we leave
: and what our rights are. You guys are a
: great source of information and comfort for
: Thank you kindly Gerry,
: --Previous Message--
: Under the circumstances your landlord is not
: automatically obligated to agree to only 1/2
: of your last months rent. By the way did you
: not give your landlord your last months rent
: when you moved in?
: As far as him not responding since you do
: not know the reason and in light of the fact
: that you only e-mailed it would probably be
: prudent of you to make direct contact by
: phone. If you do end up at the board a
: unacknowledged e-mail is not reliable
: Call him, let him know your situation but do
: not assume he will agree to the loss of 1/2
: months rent as you had already agreed to
: move the first of April. Legally 60 days
: (actually two complete rental periods)notice
: is required.
: In regards to the LTB If for some reason you
: moved out immediately that would be of
: significance to the board but only 15 days
: earlier is pretty weak. Not that I am
: suggesting you would win in either case.
: --Previous Message--
: Due to health and safety problems we've been
: having with with this unit we rented out 8
: months ago, my partner and I have decided to
: leave earlier then our 1 year lease. In Jan
: we gave 60 days notice to leave for April
: 1st to which he agreed. Then, we were
: assaulted and harassed by the downstairs
: tenants - whom we've begged with him to deal
: with since we moved in (we have emails to
: prove it) - to which he did nothing as he is
: friends with them (I'm thinking conflict of
: interest?) Anyways, we were advised by a
: police officer that it was in our best
: interest to leave the apartment as soon as
: possible so we found a place for March 15th.
: 15 days earlier then our stated notice
: before the 'incident' with the downstairs
: We re-issued our final cheque for half the
: amount of our rent -as we are now only
: staying for half the month of march - and
: asked for confirmation as to where to send
: the final cheque and for him to confirm that
: we have his permission to leave early.
: Having not heard from him in over 5 or 6
: days in response to our email and phone call
: I want to know if I should contact the LLTB
: and begin the process of a tribunal?
: I guess what I'm asking is, if our health
: and safety is so in peril are we allowed to
: leave earlier then the agreed upon date
: (April 1st) and is my Landlord obligated to
: speak to me when I ask him questions?
: Sorry, this is probably longer then it needs
: to be!
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