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    • CommentTimeNov 23rd 2011
    New question!


    My landlord is having me evicted. It's called "in good faith:" he claims that he needs the apartment for himself.
    I don't believe him. How do I trip him up?

    I have a few starting points, like the fact that he hates me and served me with these papers two days after the results of the Landlord Tenant Board, which I won, alleging that he states illegal things in his lease and harassed and threatened me when I pointed them out to him. I definitely have grounds to reference the old application to show how much he hates me and how he's probably doing this out of spite.
    Another thing is that I have his other address, as in his current residence. As far as I can tell (based on some cursory Googling) he probably owns the place. How can I find this out for sure? If I can prove he has another house, and only wants this apartment empty for occasional convenience (as he was doing before I moved in), then that's automatically bad faith. Then I get the moneys.
    I also have grounds to note that my lease was for an initial six months, which should automatically continue were it not for this eviction; if he had an inclination six months ago that he might need this apartment back, he should've signed a short-term sublet with me instead of an ongoing lease. Now I'm screwed into signing a one-year lease with someone else, even though I plan on doing graduate studies next fall in another city. I anticipate some play on the willful-deceit part of this.

    Obviously I'm going to call all the hotlines and helplines on this one, but, just in case, does anybody have any experience here? Sneaky legal tricks? Ways to find out if he owns this other place, or at least how long he's been there?
    (Note: not actually sure I need to PROVE his bad faith; maybe I just need to provide reasonable doubt, and the lawdudes will do the rest. Still, may as well get prepped.)
  1.  (10345.82)

    I'll email this along to my wife - we had all kinds of drama with a crooked landlord when we moved out of our old place in Sydney.

    Meanwhile, if there's anywhere that the carpet can be lifted up, a can of tuna poured into the underlay and mashed flat can raise a horrible stench after a few days.
    • CommentTimeNov 24th 2011 edited

    Okay, a couple of things.

    1) If the landlord doesn't send you a Form N12, you don't have to do a thing. Stay where you are. If you receive the N12, it'll have a reason in writing why you are being evicted. In this case, you can still file for relief from eviction with the Tenants' Board.

    2) If you file for relief from eviction, the case will go to the board, and the landlord will have to file a legal affadavit from whomever is going to be occupying the property under the good faith provision. There are severe penalties for lodging a false affadavit with the Board, up to a $25,000 fine.

    This is the part you'll probably find interesting. It's from the Interpretation Guidlines on Eviction For Personal Use:

    "Where a landlord provides notice to a tenant under sections 48 or 49 in bad faith and the tenant moves out of the unit as a result of the landlord notice or an application to or an order by the Board based on such a notice and no person specified under the appropriate subsection has occupied the unit within a reasonable time after the former tenant vacated the rental unit, subsection 57 of the RTA provides that the Board may make:

    •An order that the landlord pay a specified sum to the tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit, and a reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur;

    •An order for abatement of rent;

    •An order that the landlord pay to the Board an administrative fine not exceeding the greater of $25,000 and the monetary jurisdiction of the Small Claims Court; or,

    •Any other order that the Board considers appropriate."

    In plain English, this means that if you can show that the person nominated in your N12 notice hasn't moved into the apartment within a reasonable time after you've left, the landlord has to pay your moving costs, or make up the difference in your rent for a year, or make any other restitution that the Board deems appropriate.
    • CommentTimeNov 24th 2011

    Had a mild brainfart re: an xmas prezzy for someone in the US whose roots trail back to Ukraine (anyone else old enough to remember when it was always referred to as The Ukraine? Anyway...)

    Do any of you liver-pickling lushes fine connoisseurs of all things inebriational have some recommendations for Ukrainian Vodka?

    Overlooking those varieties which add chili or peppers to the mix (yes, technically horilka but whatevs), price isn't really an issue so long as it's available to buy within the US, online if possible.

    Oh yeah, one last thing: not sure if this inadvertently creates an oxymoron but the smoother the vodka is, the better. The intended recipient, while not completely averse to the Esther Rantzen variety (because it pulls your gums back over your teeth), does know/loves the good stuff when it passes their lips.

    • CommentAuthorflecky
    • CommentTimeNov 24th 2011

    Shit! You lot don't want to know what i'm capable of.I've totally stripped wankers properties of everything.If it was worth a few bucks then it was gone.I've never done this to anyone (knowingly) who didn't have it coming.Rich bastards who owned empty properties and just left them standing for years while the homeless died.

    Let me get me a ticket and pay for expenses..i'll get a crew of fiends together.

    Then we will go to work.

    And there will be blud!!

    Sigh..pity you didn't know me a few years back.I can't do that shit anymore.
    But by the rules of vengeance i fooking wish i could.

    Payback is a bitch and i've done her but good.Nowadays i rely on karma.And if patient it usually works.
  2.  (10345.86)

    Just remember, you kinda have to decide if you wanna hit this guy with legal-action revenge, or just the sweet kiss of your justice fist.

    If you go legit, you have to wait for the down and dirty stuff until after you've exhausted your legit revenge options.

    You would hate to see the results of your legal justice revoked because you got impatient and wanted some street justice instead. Street justice can be really tasty, but it doesn't have the financial gain, or the long-term hurt that legal does.

    Also, it's 6 hours + into my Thanksgiving graveyard shift, so if any of that comes out slightly intelligible, I consider it a Turkey Day miracle.
  3.  (10345.87)

    Two things. 1. What country and state are you in? This makes a very large amount of difference regarding what legal options are open to you. 2. If you seriously intended illegal revenge you would not have a) posted here at all and particularly b) under that hashtag, so I guess we can all quit with the how to fit prawn heads into the curtain rails &c.

    Legal options are always your first port of call and all legal options begin with a paper trail. Document everything, going back as far as you can, using every possible source and medium, in as great detail as you can manage. Arrange it all in a timeline. Put it in a neat folder. THEN talk to the lawyers.
    • CommentTimeNov 24th 2011

    @Kay, Yes, it is definitely Sweet Sweet Legal Revenge. The question is how much I can really do as a single little person of limited means. I obviously can't monitor this house to prove he hasn't really moved in, you know? I have no viable means of proving his bad faith in that regard. I can ask the other roommates to report his actions to me, or call them as witnesses, but that's all after the fact. That's why I have my mind set on proving that he owns this other house (where, I believe, his family resides).

    @Ian, My hearing last week has given me a pretty thorough understanding of the RTA in Ontario, and the municipal Toronto bylaws that also apply. I know I can ask him to cover an increase in rent for the next year, but I know that it's not often granted if I move into something that's different (more/fewer bedrooms/square-footage/roommates) from this. And, quite frankly, I'm going to use this opportunity to move in with my boyfriend if I can, so that's gonna wipe that out entirely.
    The Landlord-Tenant-Board website has a ton of related casefiles, too, so I have a handful of precedents both ways.

    I know the N12 means nothing, and that I can wait it out until the Hearing. I'm wondering if I should also file another Application for Tenants Rights and a T5 (Termination in Bad Faith) or if I should just present my stuff at the eviction hearing. I definitely want to show how much this whole tenancy has been one long harassment and "interference with my enjoyment," so even if I can't prove bad faith I should still be able to walk off with some money.

    From the page you linked (which I hadn't seen yet, thanks!):
    "The Divisional Court has also held that the landlord does not have to prove their good faith beyond a reasonable doubt. The correct test is whether the Member believes that good faith exists on a balance of probabilities. Thus the Member must decide whether it is more likely that there is good faith than not."
    I think I've got that "probability" thing on my side, which is excellent news. But if he goes so far as to file a sworn affidavit that he's really moving in, shit could get messy.
    "The burden of proof is on the landlord. It is relevant to the good faith of the landlord’s intention to occupy the unit to determine the likelihood that the intended person will move into it."

    @gov't spy, The sweet kiss of my justice fist IS legal. He's entirely in the superbadwrong, and all I really want is a whole bunch of money. I'm crushed that I don't get to keep this sweet apartment, but I know I'd look crazy if I fought to stay, if it meant having to deal with this fucking nutcase landlord. And it was told to me repeatedly during the first Hearing that money is a much greater incentive for behaviour than legal orders.

    I'm mostly just terrified that while I play by the rules, he won't. I don't want to come home, without having received an official eviction notice from the Board, and find he's simply changed my locks. I will, in fact, knock the door down AND call the cops on him, and I'm not sure either of those really look great.
  4.  (10345.89)

    Glad you found the Interpretation Of Good Faith guidelines helpful. My wife dug those up (she's been a legal secretary for about 20 years and loves this strategic stuff) last night at work. From everything that you've said, it sounds like the landlord is going to have a hard time convincing the Member of any good faith, since he's just lost the previous case and is on record as being a cunt.
    • CommentAuthor256
    • CommentTimeNov 24th 2011

    Again, second hand info - it has helped a member of my family, although again paired with a prescription drug (something beginning with C, think it's citalopram).
    • CommentAuthorSteerpike
    • CommentTimeNov 24th 2011

    Seconding 256's suggestion of CBT (not that kind, pervs) combined with meds - despite the obscenely cheery cover and the title, I found Dr. David Burns' Feeling Good: The New Mood Therapy helpful in training myself to recognize bad habits and shut them down before I went spiraling off into full-fledged panic attacks. The meds mainly kept me on an even keel - the highs weren't as high, but the lows also weren't as low. Burns used to be hardline against any use of meds, but he's changed his position on that.
  5.  (10345.92)

    I am not qualified to pronounce on the difference between vodkas because I always mix them (although I did go to a blind taste-test my friend hosted and his homebrew out-performed Grey Goose... go figure) but as a former Ukrainian myself, I'm pretty sure the reason they lost the "the" is to remove the implications of... that whole thing where "ukraine" is derived from the word for "edge" and so literally means "backwater" :P


    Is there a doctor in the house? For NSFW reasons which had better go unsaid, I would like to know which organ is located at the front of my abdomen sort of at the midpoint between my belly-button and my hip-bone, except a few cms lower down. I have looked up some anatomy charts and all I can figure out is it's probably not my liver. What is that shit, an ovary or something?
    • CommentTimeNov 25th 2011

    I'm trying to compose a ranty post in my head about television, and I need a term. In a show like /Terra Nova/ or /LOST/, there's a number of central mysteries. Yet rather than seeing the characters walk around all the time saying "So what's the latest theory on them polar bears?" or "Hey, how about that asteroid that's coming," all of the characters spend their time talking about their feelings for each other. They all walk around pretending to know nothing about the massive Chekhov's gun that is sitting right smack in the middle of the narrative.

    I need a term that sums up this deliberate narrative blindness. I was pondering 'artificial stupidity' but it just doesn't capture the specificity of the situation.
  6.  (10345.94)
    I think the concept you're talking about is characters having uncharacteristic moments of ignorance that exist only to serve the plot.

    It'd be like Sherlock Holmes not noticing an obvious clue just for the conveneice of the plot.

    Like a Deus Ex Moronis?
  7.  (10345.95)

    If it's hurting consistently you have appendicitis.
  8.  (10345.96)

    Ah, you've been in the black hole of TV Tropes! I was wondering about this myself today with reference to my script for this year's short film. As if you wouldn't be obsessed with the huge mystery threat all day, and neglect your personal feelings because it was so interesting/terrifying. As if the first time someone brought up their personal feelings they wouldn't be shouted down (HAVEN'T WE GOT MORE IMPORTANT THINGS TO THINK ABOUT RIGHT NOW) or eye-rollingly ignored... it turns any narrative into something like a soap opera in a war zone. How about War Soap?
  9.  (10345.97)

    It's related to the phenomenon known as "the idiot ball" - stupidity for the purpose of moving the plot along, rather than extending logically from a personality or situation. As in, "Oh, I see Locke's holding the idiot ball this episode."

    So maybe the term you're looking for is "idiot volleyball" xD


    No, @Kay, it's not :P why, is that the usual location for an appendix?
    • CommentTimeNov 25th 2011

    Ahhh, those are all highly satisfying.
  10.  (10345.99)

    Put the thumb on your right hand on your belly button, your middle finger nearly touching your right-hand jeans pocket. See that spot where your pointer finger is touching? That's right about where your appendix should be.

    Other than that, you might have a hernia.
    • CommentAuthorFlabyo
    • CommentTimeNov 25th 2011

    TV Tropes says that when everyone seems to have the idiot ball, then you've got an Idiot Plot. They tend to refer to Lost as a Kudzu Plot though.

    TV tropes has utterly polluted my vocabulary. I have friends who are also fans with whom I can have entire conversations that use phrases and names for things that any outsider has no idea what we're talking about...