need some advice - attempting to sue past basement tenant | GTAMotorcycle.com

need some advice - attempting to sue past basement tenant

kingsha

kingsha

Well-known member
Hi. I hoped some of you could help advise me on a small dilemma im facing.

At the end of last year, my basement tenant moved out and she owed me a little over $2000 in overdue rent. She kind of ran away and the only proof I have about this is a bunch of emails exchanged between me and her.

School is finally done and I now have time to pursue this issue. The only information I have about her is her cell phone number. I have tried to discuss this with her but she keeps cutting my calls. I want to take her to court.

My question is for you guys, if you have any knowledge or experience about this, is how do I go about with this process? How can I find her and sue her? Are emails enough proof?

Thanks in advance for any suggestions!
 
Good luck, the law is always in favor of the renter
 
You can always sue them in small claims court. Of course you need to find them to serve notice
 
Kedo said:
You can always sue them in small claims court. Of course you need to find them to serve notice
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I do intend to take it to small claims court. Im thinking of hiring a private investigator to locate her for me. I know she is in Missisauga or the surrounding area. But really....would emails count as sufficient proof to the judge to award me the case. In these emails from last year she acknowledges the amount she owed me.
 
Emails in the form of direct contact are considered legal form of communication

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Its much harder to prove who is behind that email, you would need to form a legal connection between you, the emails and the tenant. Who is to say both email account don't belong to you? If you have a lease agreement with the email address clearly marked as her email then you have a chance

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If you have no proof of him/her paying you the rent (like a receipt that you gave him/her) then you my friend are screwed. They lawyer/judge is going to ask you why wouldnet you demand the rent right away?? ....i think because my friend was in this same situation and he juts gave up after 4 months of trying to get his money back
 
kingsha said:
I do intend to take it to small claims court. Im thinking of hiring a private investigator to locate her for me. I know she is in Missisauga or the surrounding area. But really....would emails count as sufficient proof to the judge to award me the case. In these emails from last year she acknowledges the amount she owed me.
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I don't think you want to go the PI route as you will spend more than you will recoup I think.
In the end it may end up being a hard lesson learned and you will just have to accept there are Aholes everywhere. Sorry to hear you got burned.

Don't give up just be cautious of throwing good money after bad if you know what I mean.
 
Unfortunately as some have mentioned its very difficult to go after trouble tenants. Yes there is a chance you'll find her and the judge may force her to pay...but even then she can make up some bs story and you'll get minimal payment monthly over a very long period of time.

The money you spend going after her will most likely cost you more then the money owed...and I'm fairly certain you can't sue for that $ either. I hope you have documentation showing she didn't pay right away as that will be asked why you didn't go after the $ immediately.
 
mimico_polak said:
The money you spend going after her will most likely cost you more then the money owed...and I'm fairly certain you can't sue for that $ either. I hope you have documentation showing she didn't pay right away as that will be asked why you didn't go after the $ immediately.
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As long as the OP can find her current address without spending a lot of cash, and as long as the OP has some reasonable form of acceptable documentation that a rental agreement did exist and that she broke that agreement, he can start proceedings against her for very little money. She will in turn be forced to respond to those proceedings. After that, who knows. She might cave and pay up or at least come up with some offer to settle the matter, or she might go to court and argue that the OP constructively terminated her tenancy through harassment or providing unsafe/unhealthy living conditions. It's a bit of a crap shoot, but the OP doesn't have to ante up much cash to bring the former tenant to the table.
 
Guaranteed to get your money back......but then there is the chance of lawyer fees :oops:
 
dont even waste your time.

even if you won, which is doubtfull, you wouldnt win what you'd spend trying to win.

the renter is always given the benefit of the doubt, plus shes a woman.
and if she has a kid, you'll be lucky to get out without having to pay her....lol
 
braveheart said:
dont even waste your time.

even if you won, which is doubtfull, you wouldnt win what you'd spend trying to win.
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Yes but there would be the satisfaction knowing that the ***** lost money and paid up in the end. That alone is worth the lawyer fees, making sure the crook pays at the end and that justice is served.
 
I had battled a dead beat dad for years in court, I understand your frustration and your need for satisfaction. I had my darling ex turn the tables and tried suing me for custody and child support, when he couldn't provide his financial statement to the courts...the whole thing got thrown out. I spent years trying to get this "satisfaction" and in the end I realized life is too short to spend it hating ppl. I agree with the majority, gonna cost more in the long run and this "satisfaction" that justice was served is a long shot without receipts and a contract.
I represented myself in court and got to know the system pretty well...what I learned? Good people get screwed all the time. Even if you get a judgement, like was previously posted, they only have to pay a minimum (as low as $10) a month and have lots of time to disappear, work under the table etc.
Just my 2 cents
 
BikerFairy said:
I had battled a dead beat dad for years in court, I understand your frustration and your need for satisfaction. I had my darling ex turn the tables and tried suing me for custody and child support, when he couldn't provide his financial statement to the courts...the whole thing got thrown out. I spent years trying to get this "satisfaction" and in the end I realized life is too short to spend it hating ppl. I agree with the majority, gonna cost more in the long run and this "satisfaction" that justice was served is a long shot without receipts and a contract.
I represented myself in court and got to know the system pretty well...what I learned? Good people get screwed all the time. Even if you get a judgement, like was previously posted, they only have to pay a minimum (as low as $10) a month and have lots of time to disappear, work under the table etc.
Just my 2 cents
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I feel your pain. Been there done that......Got Screwed that is.
No dinner, no vaseline, just right up the :bootyshake:

It made me smile to see you say life's too short as I adapted that long ago as many people just stay bitter......and die bitter:hmph:
 
Seeing as how this is the "General Motorcycle Discussion" forum, I suggest a Ninja 250.
 
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