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My mom is getting sued

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d1abolic

Banned
The landlord of the apartment building we used to live in just called and demanded $2500 rent for November/December. We moved out Nov 1st, and he says because we only gave him 45 days notice, he wants us to pay rent for two extra months. My mom refused and he said that he is going to sue us and even make us pay another 5-600 for his lawyer. Now, the Ontario Tenant Protection Act states the following (thanks McB!):

<< A notice under section 46, 60 or 96 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. >>

Alright, so from that, it looks like we owe him rent until the end of November - $1250. So what do you think we should do? Just give him the $1250? Or take it to court, risk ending up paying for his lawyer (ours is free thanks to the government), but maybe only have to pay for 15 days of rent? Also, does anyone know where to call for a free consultation? We get free legal aid here in Canada, so i figure that if we can get a free lawyer, we should be able to get a free consultation with him, and ask him if we should go to court or not.
 
If it says in her lease that he requires 60 days or he can take the rent, then he is probably right. However, 45 days is a good amunt of notice. If you do go to court, you probably wouldn't have to pay it all...that is if you get a good judge. 45 days would be enough for me...sounds like he is just trying to take advantage.
 


<< The landlord of the apartment building we used to live in just called and demanded $2500 rent for November/December. We moved out Nov 1st, and he says because we didn't give him 60 days notice (only 45), he wants all that money. He said that he will take my mom to court and even make her pay another 5-600 for his lawyer if she doesn't pay. Is he for real? >>



Did you guys have a lease that went till December? if so then yeah you owe it. IF it was month to month no you dont (you only need to give a month warning). so more info would be good
 
Check with your local laws. ( you did not mention what state you are from. ) Good luck and get a lawyer.
 
That sucks, but they're may be state laws that will save your mom (like only requiring 30 days notice). But you will need an attorney (more money) which sucks.
 
Do a search for renters rights. You will probaly not have to pay a dime. Sounds like a scare tatic to me.
 
check to see if you had MTM..

also see if he got anybody living in that apt. If someone did a week or two after you guys left.. then he cant claim that loss of income or anything.. that means he got the message that your leaving.
 
Did some searching on Canada's renter's laws and found this...



<< A notice under section 46, 60 or 96 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.
 >>



So it looks like he was within his legal rights. Still, a judge might say that 45 days was a bit of notice, and you would not be required to pay the whole rent. And as The_Good_Guy said, if somebody was living there anytime during the 2 months he wants you to pay for, then your case is all the stronger.
 
Sounds to me like your mother only owes him 15 days rent. 60 day notice required, she gave 45, that leaves 15.
 
Yeah 60 days, that's what my mom was told. But he wants rent for TWO months. How does that work? Let's say we pay for November, which is the same as if we were to move out on November 31st. So that's 75 days notice. How can we possibly owe him more money? Also, can he really make us pay for his lawyer fees?
 
Just for the record, can you explain exactly what happened when your first contract ended? The landlord didn't say anything at all to you and you just kept living there or what?

and unfortunately, yes he can make you pay for lawyers fees. That is if he wins.
 
Don't know about Canada, but here in the states, tenants have more rights than owners by a long shot. I tend to side with owners, since they've become the underdogs. And every landlord I've ever talked with ALWAYS has horror stories about tenants. The tenants I've known outnumber landlords at least 4 to 1, yet I don't hear horror stories from them about the owners.

If you really think you're right, let the judge make the call. Why not?
 
funny how the landlord brings this up after you move out.. hmm.. makes ya wonder if he knew all along, what macbaine quoted just to screw your family of some cash...

screw the landlord. hope fry's in hell.. :disgust:
 


<< Also, can he really make us pay for his lawyer fees? >>


I believe only if he gets a court judgement. If you pay what you owe on your own and it dosen't go to court he won't get any fees.
 
Apparently you were bad tenant. I've always asked my landlords when I wanted to break some term of my lease, and they never had a problem because I was a good tenant. I may be wrong about your particular case, but landlords usually don't sue good renters.

edited for me bad spelling
 
don't lawyers give like free consultations or something? id give that a try and go from there..

good luck. hope things work out in your favor 🙂
 
She needs to get a lawyer pronto. 🙁 Sounds like the lawyer will probably save your mom some bucks. Maybe try to settle for 15 days rent?

Good luck.
 


<< Yeah 60 days, that's what my mom was told. But he wants rent for TWO months. How does that work? Let's say we pay for November, which is the same as if we were to move out on November 31st. So that's 75 days notice. How can we possibly owe him more money? Also, can he really make us pay for his lawyer fees? >>


You can always try to get legal and court fees lumped into a lawsuit.

Basically a lease is a contract in which you agree to be the renter for a certain period of time. It outlines both the tennant and the lessor's responsibilities.
It's mostly to protect the lessor from someone moving out randomly leaving him in the lurch. Most *nice* landlords will let you out of a lease even if you have to leave suddenly if they can find someone else to take the place--they're not losing money, so they're ok with it.

If you weren't under a lease, this guy doesn't really have a leg to stand on.
If you are, pretty much whatever the lease says is what the judge will go by. If it says he's entitled to collect the balance of the lease and court costs, you're probably screwed.
 
It sounds like by law you are required to give 60 days notice. But if he re-rented to a new tenent the shortly after you vacated then you don't owe him a dime. Those who often scream lawyer the most are the ones that will never sue.
 
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