need some advice - attempting to sue past basement tenant | Page 2 | GTAMotorcycle.com

need some advice - attempting to sue past basement tenant

Honestly, I am overwhelmed with the number of responses. Thanks so much everyone for your kind suggestions.

Like some of you stated, even if I do win the case, she can choose to pay low (and frankly useless) monthly payments of around $10 or so! I'm thinking this is going to be the case because while she was my tenant she was maxing out her OSAP loans and receiving social security. I doubt she has anything to her name or any real money at the moment.

It appears I am attempting to fight an uphill battle. Well I have about 12 days on hand until school starts again. With some time to kill, I am still actually going to pursue this. I'll see if I can find her myself and have a nice talk with her and see what I can make out of the entire situation then.
 
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mikbusa said:
Seeing as how this is the "General Motorcycle Discussion" forum, I suggest a Ninja 250.
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haha... that was my first sentiment too. Since that advice has alrady been given...

Do your best to learn a lesson, which is this: Nip it in the bud. When ever you see **** going off course, get on it ... it won't get better or easier to deal with if you wait.
 
Get some advice from landlord and tenant board, they have paralegals or whatever on site for free. Better to have your lease with you.
 
kingsha said:
Honestly, I am overwhelmed with the number of responses. Thanks so much everyone for your kind suggestions.

Like some of you stated, even if I do win the case, she can choose to pay low (and frankly useless) monthly payments of around $10 or so! I'm thinking this is going to be the case because while she was my tenant she was maxing out her OSAP loans and receiving social security. I doubt she has anything to her name or any real money at the moment.

It appears I am attempting to fight an uphill battle. Well I have about 12 days on hand until school starts again. With some time to kill, I am still actually going to pursue this. I'll see if I can find her myself and have a nice talk with her and see what I can make out of the entire situation then.
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Although you have already come to the best conclusion. Consider even if you won the case and she was required to pay. She has no money, you cant get blood from a stone right?

Isn't there some kind of tax write off for this loss?
 
kingsha said:
the only proof I have about this is a bunch of emails exchanged between me and her.

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!
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Don't waste your time. Email proof means nothing.

Do you have a written contract with her stating amount of rent and when due? Stating what happens if she defaults?

When she first defaulted on rent, did you present her the N4 form for non payment of rent?

Then, did you proceed to fill out an L1 form?

The courts will expect you to see all these documents and follow everything step by step.

Even if you do take these steps, and you do win in the court.......

Have fun chasing them for your money. All you get, is a garantee from the court that if the tenant wins a lottery, or somehow inherits a pile of money, you will get paid before they can claim that money.

In other words..... just cut your losses, and dont bother with the court route unless you have lots of time, energy and money to waste.

Educate yourself on your rights before you take on the next tenants.

http://www.ltb.gov.on.ca/en/index.htm Click on "Help for Landlords"

Make sure you have proper forms on hand, a legal contract when they move in that SPELLS out payment terms, and when they are due. Make them sign it that they agree to the terms and conditions. When they are late with rent, fill out the forms and hand it to them. Make it clear to your tenant that this is strictly business. You are not there to help, or fund them. So tell them to spare you the sob stories on why they are late for rent.

Oh, and make sure you collect First and Last rent. This helps weed out a lot of the shysters. There are TONNES of tenants out there who look for the unprepared landlords and know how to beat the system because their landlord has no clue. These people just float from place to place living virtually free.

Skilled scammer tenants are pros at identifying weak landlords and walking all over them.





.
 
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I know this is too late, but u should've kicked her out when she didn't pay the first few mths rent. What about deposit? Did u take a deposit?
 
All the information given here is very conflicting. If I was the OP, I would disregard what everyone here has said and simply call up the Renter Board and talk to their representatives for some advice. I am sure that will give you the best information on how to go about dealing with this as oppose to a motorcycle forum. Everyone wants to help but some times too much help and advice isn't a good thing.
http://torontolandlordandtenantlawyer.ca/
Try this .... you wont get better advice anywhere else...... now, ignore this post ;)
 
^ I don't think it's conflicting at all. There's nothing he can do via the rental tribunal because he didn't file with the tribunal when he was having a problem with her, so there's no record of her transgressions. His only hope to recoup any money is via small claims and even then if he wins a judgement, that doesn't actually mean he's gonna get any money - can't get blood from a stone.

My advice? Cut your losses and move on, OP.
 
Got a family number? Call her parents. They may or may not be ****** off enough to do the right thing.
 
BikerFairy said:
........ 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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Ditto with my experience although my issue was with a shady business. I got as far as a preliminary meeting at small claims and realized I would be better off just dropping the mess. Some judges etc are total screw ups and I got the worst.

If you don't believe me then look at some of the "Punishments" being handed out in criminal courts.

Think of the legal system as a form of mixed martial arts. The winner is the one standing at the end. It doesn't matter how you do it, what wounds were received, were inflicted or what people think of you. You can't allow a moment of compassion or sympathy until your opponent is flat on his back and unconscious.

That isn't my style for a couple of grand.
 
nobbie48 said:
Ditto with my experience although my issue was with a shady business. I got as far as a preliminary meeting at small claims and realized I would be better off just dropping the mess. Some judges etc are total screw ups and I got the worst.

If you don't believe me then look at some of the "Punishments" being handed out in criminal courts.

Think of the legal system as a form of mixed martial arts. The winner is the one standing at the end. It doesn't matter how you do it, what wounds were received, were inflicted or what people think of you. You can't allow a moment of compassion or sympathy until your opponent is flat on his back and unconscious.

That isn't my style for a couple of grand.
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It doesn't matter if you win by an inch or a mile. Winning is winning....

what are we talking about again? :D
 
When one wins a judgement in small claims or other court is it the end of it if the other party wants to drag it out? I was under the impression that part two was the ordeal of actually collecting. More running around registering liens or garnishing pays etc.

Another option is to turn it over to a collection agency. They take a cut when they collect but you are free of the hassle. Something is better than nothing.
 
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i think if you took action last year You might have a leg to stand on....Now i think Your waisting Your time and money...my 2 cents..
 
rich6969 said:
i think if you took action last year You might have a leg to stand on....Now i think Your waisting Your time and money...my 2 cents..
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I agree,

key word here is basement apartment, is it legal basement apartment? as in to code, is the property registired with the city as multiple dwelling unit, have you been giving this person rent receipts and claiming income on your tax return or was this a cash deal? dont answer this question a message board, just give it some thought.

thats the thing with basement apartments, unless they are legal, built to code and registried with the city as an accessory apartment or duplex, proper house insurance stating that its a multi unit, you dont really have any grounds to stand on. A lot of folks rent out their illegal basement apartments for cash not realizing that if someone does not pay, they don't really have any grounds to evict.

If you go too the housing tribunal, those are the questions they are going to ask you, and if its not legal and registired with the city, its going to be you who is "guilty" person for endanger the live of the deadbeat tenant etc... tax fraud
 
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