The faculty of making stupid discoveries by accident. The name of my first Fantasy Football Team. Neither of which have anything to do with this blog. I just like the word. Deal with it !!!!!!
Landlord Man has an “Obvious Blatant Disrespect” for the Residential Tenancies Act.
So sayeth the Judge.
So today was my big Court Date with Landlord Man who actually did show up. The papers are still sitting at the Post Office, so I have deduced that he found out about the hearing by phoning the LandLord Tenant Board after receiving a letter from them regarding another matter I had applied for.
Yes, he did show up, armed with a newspaper, a file folder with my lease in it and the lease of the woman next door who also had a date with him and the judge. Oh ya, also in the folder was an Eviction Notice for me. HAHAHAHAHAHAHAHAHAHAHA.
Mary (the woman next door) and I set out in about 3 inches of snow to go to Cobourg for the hearing. Any of you who do not know the area, Cobourg is about 30 miles from here. We had to be there at 9:00 so we left early – 7:30. We got there in plenty of time, signed in and waited for our cases to be called.
Lo and behold, at 9:20 Landlord Man strolls in – late as usual. We were instructed to be there at 9:00 sharp.
Mary went first – her case was pretty simple, a straight up illegal rent increase. She got thru it ok and was awarded the over payment on her rent. However it was very obvious from the start that Landlord Man was way out of his element and about to have his limited intelligence tested. On more than one occassion “Madam Chair” had to remind him to (a) answer the question, (b) listen to the question and (c) inquire as to whether he knew anything about the Residential Tenancies Act. She was not amused to say the least.
Bottom line -The RTA is in place for “exactly that reason” she said, refering to his raising of the rent far above what the law allowed for. In Mary’s case he raised her rent almost 36%. The law says 1.4% is the max for this year. She gets all of the overpayment back.
Then it was my turn. He didn’t even leave the chair he was in and poor “Madam Chair” was not amused by the fact there were two tenants in her court room with the same landlord. In fact there were very few times this morning that “Madam Chair” was amused by him. Heeheehee.
I, on the hand, was very well prepared. Yay Me!!!. We breezed thru the rent issue. I was awarded the overpayment. And again she reminded him that as a Landlord he had a responsibility to know the Residential Tenancies Act and to follow it. When she is finished Landlord Man whips out the Eviction Notice, telling “Madam Chair” that he is giving it to me now with her as a witness. Oh, oh, now she is really not amused and tells him in a very stern voice – “You can’tdo that here. First of all there are proper ways to do that, again I refer to the RTA.” (sic) “Secondly, you cannot evict someone because they have brought you here before this board.” (sic). Ok so now I am thinking that perhaps I just struck the motherlode. The crowd behind me is snickering all the while she is admonishing him. All I have to do is mind my P’s and Q’s and present my next application.
The second application I had filed was related to maintenance on the property. Suffice to say there are issues that stem back to when I first moved into the house. Some of those issues have been rectified. Some have not. She goes thru each item, one at a time. Each time I am confident, knowledgable and have paper to back me up. He refutes all the paper saying that he never saw any of it, letter I sent with my rent cheques etc. Each item I explain as well as possible. It is a very complex explanation at times, trying to describe a room that I have been in a hundred times, that she has never seen. So finally she asks me to draw a picture…now, anyone who knows me well, knows that I can’t even draw stick people so me drawing something was probably not a good thing ! I explain my issues one by one. When it is Landlord Man’s turn to speak – well, lets just say again, she was not amused. In ddition to not knowing what he was talking about he lied thru his teeth while I just sat there and laughed at him. What I didn’t know that behind me people were actually coming back into the room to watch because they needed to be entertained and having “Madam Chair” telling Landlord Man over and over and over the same thing WAS pretty funny. Well, not for “Madam Chair” I think the best part was when she told him for the umpteenth time that he must verbally give answers as the hearing is taped and cannot see him nodding his head.
Bottom line for this one – she reserved judgement and will send out a written order once her decision has been made. However I am VERY confident bout this. I might not get all the recomp I was asking for but I will get something.
The final application I made was in respect to Tenant Rights. Basically, Landlord Man’s threat of Eviction if I did not agree to the new rent amount that was way over the 1.4% allowed by law. She saw it more as harassment and treated it as such. However, she did make a point of telling him that she will determine what the fine will be and that him bringing Eviction papers that had not been processed under the RTA was not a good sign. HAHAHAHAHAHAHAHAHAHAHA. So again I will receive her decision by mail once she has reviewed all the evidence. I myself had over 50 pages of stuff (including the applications) so she has some reading to do.
At the end she made a statement. She said that he had an “Obvious Blatant Disrespect” for the RTA and that one thing for sure was that her desicion would include an Order for him to learn the ACT. As a Landlord he has certain responsibilties, and again using the word obvious, he had no clue as to what those responsibilities are. Nor did he seem to think that he was bound by any law. “Madam Chair” obviously was not amused by now (this was about 2 1/2 – 3 hours since we began.)
I gave Landlord Man the rent cheque for February and he high tailed it out of there like a rabbit. This only added more comedy to the Deer caught in the headlights look he had for the whole hearing.
All in all, I feel really good about it. Sure, I won’t walk away rich but every penny I get from that scumbag will be put to good use.
Now I know scumbag is a very strong word (ahem) however there is one little piece that I left out…
Landlord Man is from a different country. In his country women are treated like dirt. They have no say in anything, they call their husbands Master and are not allowed to think for themselves. The mere fact that the person in charge of today’s hearing was a woman, must have been eating a major hole in his gut for the entire time we were there. And to have a woman admonish him for basically being stupid e3very time he opened his mouth – well I am sure that he seethed all the way back to Toronto. And that makes me very very happy. Not because I am a bad person, but because attitudes like his are what alot of Domestic Violence issues stem from and if there is one thing I hate it’s DV. I just hope that he doesn’t go home and take it out on his wife and daughters. I actually like them.
Thank you for all your support. In addition to comments here I have received many emails from alot of you and I do truly appreciate it.