Serendopeity

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.

 

Nancy

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10 responses to “Landlord Man has an “Obvious Blatant Disrespect” for the Residential Tenancies Act.

  1. eddie January 28, 2009 at 9:02 pm

    Nancy, You always stuck to your guns and this time, I think ” Madam Chair ” will make this a-hole
    think a little bit. We treat our women with the repect due them and we treat our tenants with respect they deserve living in our properties. Take this this guy to the wall and make sure he learns his lesson BIG TIME from a STRONG WOMAN.
    Loads of love, Eddie

  2. serendopeity January 29, 2009 at 12:26 am

    Thanks bud. I am already gearing up for the Eviction fight. If the meathead doesn’t learn the law he will be in for a big surprise. I’m hopeful (?) that he will take the time to at least read the Eviction portion of the Act before he attempts to toss me out. But then again I belive in Santa Claus, the Easter Bunny and Unicorns 🙂

  3. Kathy January 29, 2009 at 8:55 am

    Hang in there Nancy.
    The reason these “men”(I use the term loosely) use force to keep their women subversive is because they are afraid of them. They haven’t got the balls needed to deal with women on an equal footing. Let’s hope Madam Chair teaches him a very good lesson.

  4. Maggie January 29, 2009 at 9:10 am

    Nancy,

    You know my story, but it was oppositite, I am a female landlord and the words that got me the most angered was a tenants boyfriend telling me that no Woman will tell him were he is going to stay sleep, he will do what ever he wants. Well I guess they don’t release that you don’t do that to a woman that has a husband fighting EC. I got them out in 2 days. go ahead make me angry, it cost me a lot, they did about 10,000 dollars in damage, but they are gone and I will not rent again. The apartments are bing shut down til my husband is well enough to help me handle the tenants, or my kids become old enough that they can have their own apartments. This is one landlady that is Done. be homeless and try to find a place that is $300 below the rest of the market, all you needed to do was pay your rent and take care of it like it was you home and not break into my home while I was a work and steal things from my ill sleeping husband.

    Keep fighting Nancy

    Love Maggie

  5. serendopeity January 29, 2009 at 12:38 pm

    Thanks Maggie. I am sorry that your experiences with tenants was that awful. For the record I don’t hate all landlords LOL. I have been a renter all my life and will probably be one till I have a newer more stylish place like an urn in someones’s closet :).
    My last landlord in the city was awesome. I lived there for 10 years and had no problem whatsoever. He shovelled out my driveway when it snowed, he fixed anything that needed repair within a day and when the snow melted on the roof and leaked down inside the walls he paid for me to stay at a hotel while it was being repaired.
    I had the utmost respect for him and I think he felt the same. I would like to think that actions speak louder than words – and we never had any cross words in those ten years.
    This guy now – well lets just say that I really don’t like him much. LOL.
    I wish I could be there to help you.
    Hope hubby is feeling better.
    xoxox
    N

  6. Latane January 30, 2009 at 2:14 pm

    Nancy, thanks so much for visiting my blogs and I hope we can keep in touch. Feel free to link to mine. I tried to put yours on as a link but it didn’t work right then. I will try again. I do have you bookmarked so I am not going to lose you.

    I can’t imagine both parents having Alzheimers. You certainly have your hands full and I admire your love and dedication. Best wishes.

  7. serendopeity January 30, 2009 at 3:13 pm

    Thanks Latane. I will add the links now. Have a great day.

  8. LOTGK January 3, 2011 at 3:08 pm

    So, how did the eviction fight go and what were you awarded?

  9. serendopeity January 3, 2011 at 5:05 pm

    Hey – welcome to Serendopeity. Guess you can see where I get my sense of humour from. LOL.
    Eviction never happened. Landlord Man was ordered by the Court to repay the overpayment of the rent and to folllow the residential Tenancies Act to the letter. Along with the overpayment of illegal rent increase the order also returned to me the amounts I had paid for repairs to the house that I had not deducted from the rent ( deductions had been made for some repairs with Landlord Man’s permission.)
    Repairs that I had requested be made (for safety reasons) were ordered made. There were some things that I had requested knowing full well they would be denied – but I did that for a reason: always ask for more. Madam Chair had the power to give me what I asked for but nothing more than that – so I asked for more in the hopes I would get at least what was represented by my more salient points. It worked 🙂

    Long story – Readers Digest version; Landlord Man lost the property in August of 2009. The property is now maintained by a Management Company for the Mortgage Holder. We get along fabulously and if I have any problems whatsoever a phone call fixes them very quickly. The property is for sale and has been for quite a long time however, not one potential buyer has taken a look. The property consists of 2 buildings. The house, which I rent; an attached storefront (which has remained closed since Landlord Man lost the property) and a separate 2-apartment building (also vacant). The house is old (built in 1839) and needs work – most of it cosmetic. The store front needs major work and the separate building would have to be extensivly repaired or torn down, both requiring a major amount of capital.
    I have to admit that I was, in some aspects looking forward to a fight over an illegal eviction but it it never came to pass.
    Madam Chair did order that he learn the Residential Tenancies Act and if she found him back in her court the penalties levied would be of the maximum allowed by law.
    Thanks for asking. Sorry there is no conspiracy here but I can make one up if you would like!!!! LOL

    Nancy

  10. LOTGK January 4, 2011 at 8:58 am

    I am glad everything worked out well for you. Sometimes nice people do finish first.

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