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  1. #1

    Default Landlord is Letting People Stay in an Apartment I Paid For

    My question involves landlord-tenant law in the province of Ontario. I know its not the US but its pretty general stuff. Heres my story:

    So I moved in May to a new city 800 kilometers from home. I had to rent a furnished apartment while I waited for my apartment to become free. The furnished place prorated my rent and had it from May 19th to July 1st. The first week of June I finally got a chance to see the apartment I was going to rent but it was in such a god awful condition I had to refuse to rent it. So I immediately went to my my furnished apartment landlord (who by the way just charges my visa card and there is no signed lease agreement) and said I may need at least another month. And that I didn't know when I would be able to leave. She said thats fine, just give me a months notice before you leave and I will then charge you June 19th to July 19th as your next months rent. On June 19th she charged by credit card 1 months rent. On July 19th she then had no problem charging me for July 19th to August 19th without me telling her I needed to stay that month. Which showed, at least to me, I had the place until I gave 1 months notice.

    Fast forward to August and I find a place which will only be available for me on the 5th of September. I talk to my landlord hoping she will prorate the rent for me as she previously had no problem doing that. This time she says she will charge me August 19th to September 19th even if I move out September 5th. I say I have no problem with this. So on August 19th she dutifully charges me the rent. September 5th I move out. Today I go back to make sure I didn't forget anything, and heck I've paid to live there till the 19th anyways (still have the keys).What do I find? Two people living there!

    So I go to talk to her. She says she's renting it to them free of charge so she doesn't lose them since they were threatening to leave another apartment she has and they were going to be in town for 8 months (i.e she gets a boat load of cash from them). She tells me that because I didn't leave on the 1st of the month she was well within her rights to give it to them for free. I explain to her that she charged me from August 19th to September 19th and I didn't have to leave on the 1st, I didn't have to leave on 5th, I didn't have to leave until the 19th. She then goes on a rant about how, because of me, she was going to lose the current tenants (if you can call them that considering I am paying the rent) if she didn't move them in on the 5th free of charge. I then told her that is irrelevant to me. Which she then responds by telling me I failed to give proper notice and she has the right to do whatever she wants. I told her I gave her a months notice and more considering I am paying rent up to the 19th. She says people are suppose to leave on the 1st you can't just leave whenever you want. At this point I told her look, you can't just steal money from me (I was saying it rather loudly as I was VERY angry) either you pay me the money for the time they are staying there or those people leave the apartment. She said she will make them leave. Of course I don't believe her so I will be checking sporadically to make sure she is true to her word. I have also contacted a friend of the family who knows a lawyer here that I hope can advise me on my legal course of action.

    But I am looking to here other peoples opinions to know if I am right in my thinking. IE that if she has people living in the apartment I paid for she owes me money regardless of when I gave notice of me leaving the apartment.

  2. #2
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    Default Re: Landlord Letting People Stay in an Apartment I Paid For

    actually, this is not a "general stuff" question. Each state has specific laws that require notice. Some states require one rental period which coincides with the actual period (like in "1st of the month"). Some states only required the notice period be of a certain length of time so you can actually leave in the middle of the month and still have provided proper notification.

    In either case, a LL is not entitetled to "double dipping" or recieving rent for any time period from more than one tenant.

    Her, in the states, you would most likely need to file a suit in small claims court to argue the point.

  3. #3
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    Default Re: Landlord Letting People Stay in an Apartment I Paid For

    Here's the law. As I would interpret it, once you vacated the premises your landlord was entitled to retake possession.
    Quote Quoting Ontario Residential Tenancies Act, Part V, Sec.39.
    A landlord shall not recover possession of a rental unit subject to a tenancy unless,
    • (a) the tenant has vacated or abandoned the unit; or
      (b) an order of the Board evicting the tenant has authorized the possession.

  4. #4

    Default Re: Landlord Letting People Stay in an Apartment I Paid For

    Interesting. However I have not abandoned or vacated the apartment as I still have the keys and have gone back several days in a row to check things and store things. Its a furnished apartment btw. All I had with there were my clothes. So how do you define vacate or abandoned in that case. Not to mention she didn't even wait 2 days to get someone in the apartment. Not only that argument isn't that I have vacated the apartment and she can do all she wants her argument to me was this:

    I did not give "proper" notice (according to her) that I was leaving in September and that if I was leaving in September I should have left on the 1st of the month. This is all after the fact that she said I had to rent the place from the 19th of August to the 19th of September. This is already incorrect because according to Ontario law I must vacate based on the period of the rent. I.E. the 19th of September. She says because I didn't leave September 1st she was going to lose the people she wanted to replace me with and offered it to them for free until the 19th (the day the apartment was no longer mine). So in her corrupted logic because her days for renting (19th to 19th her decision in June) are screwed up I am still required to VACATE my apartment on the 1st of the month even though I have paid to rent the place until the 19th. Of course she didn't tell me any of this in advance and only started blabbering on about it when I showed up at the apartment and found two people living in it. Essentially she wants ME to pay to ensure she has people living in the apartment after me. Which is only correct if I break a lease, which we did not have. I was renting from her month to month. I gave her notice, which she agreed upon (1 month) and paid rent for said month under the assumption that I could use the apartment until the 19th.

  5. #5
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    Default Re: Landlord Letting People Stay in an Apartment I Paid For

    actually, thanks to Mr. K for providing the germane statutes, it seems the LL actually did you a favor by allowing you to terminate in 30 days.

    Period of notice, monthly tenancy

    (2) A notice under section 47, 58 or 144 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period. 2006, c. 17, s. 44 (2).
    It appears she could have required a 60 day notice along with the rent for those 60 days.

    If it were me, although I would not be too happy about it, I believe I would simply express my position and leave it at that. She did you a favor and kind of screwed you at the same time. I think it kind of evens out.

  6. #6

    Default Re: Landlord Letting People Stay in an Apartment I Paid For

    Quote Quoting jk
    View Post
    actually, thanks to Mr. K for providing the germane statutes, it seems the LL actually did you a favor by allowing you to terminate in 30 days.

    Period of notice, monthly tenancy



    It appears she could have required a 60 day notice along with the rent for those 60 days.

    If it were me, although I would not be too happy about it, I believe I would simply express my position and leave it at that. She did you a favor and kind of screwed you at the same time. I think it kind of evens out.
    I agree the more I read its looks like its pretty even. I returned the keys, had her sign a document saying I did and told her it was my intention to officially vacate the apartment.

  7. #7
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    Default Re: Landlord Letting People Stay in an Apartment I Paid For

    sounds great. Life really is more important than this.

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