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My delema is . i have a landlord who has evicted me because

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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My delema is . i have a landlord who has evicted me because i used foul language while defending myself from her harrassing me while i was outside of my basement apartment having a cigarette which is my regular enjoyment of my premises since i have been here for 6 months already. she complained that i rented the basemnent and that i couldnt sit outide because she was trying to work around her property (which is next door) i argued taht this is a free country and i can do what i like and that she didn't have the right to yell at me and tell me what to do. She proceeded to say that i rent the basement and that i couldn't sit outside while she wasworking out theer and acused me of watching her. First of all i have allways smoked outside and this has never been an issue before (she smokes as well). she then threatend to have me out by the end of the month. I then said "what the f**k is your problem" then she freaked out and came on my property to go upstairs and wake her son who lives upstairs in the same house as I and rambled on in greek about me swearing at her. The next thing you know i was served an eviction notice for swearing at his mother and that i have 60 days to move or if i moved in 30 days they would re-emburse me my last months rent. To conclude, I have signed a term lease for 9 months in which ends on the 1st of nov.2011. I wanted to take them to the landlord tenant act and fight this but don't know my rights or how to go about the landlords actions. I have decided to move anyhow and have found a new place already and now the landlord is holding my last months rent until i move, he says that he wants to inspect the apartment first after i have moved my stuff out before he gives me back the last months rent. There are no damages anmd there will not be either. Can they legally evict me because i used foul language, does the landlord have the right to harass me while i'm having regular enjoyment, evict me on the grounds of using foul language and break a lease agreement. I have allways payed my rent on time have never hada party have allways minded my own business and keep a clean house. Who can i call that can talk to my landlords (both mother and son) or that i can talk to to deqal with my delema

Submitted: 641 days and 15 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED
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Expert:  Debra Thal replied 641 days and 15 hours ago.

What province is this please?

Customer replied 641 days and 15 hours ago.

ontario

 

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Expert:  Debra Thal replied 641 days and 15 hours ago.

What you do is you fight the eviction.

The landlord will have to take you to the Landlord Tenant Board.

There the landlord will have to show that you have breached the lease.

And you did not.

So the landlord cannot succeed.

As you are moving the Board will likely order that the landlord pay your moving fees and may also order that the landlord pay any rent increase you incur for the next year.

So there is no reason to let the landlord succeed without a fight.

You can call the Board in the morning and speak to a staff member there. They are very helpful and they will be happy to answer any questions you may have.

Customer replied 641 days and 14 hours ago.

could you tell me who i can contact or a phone no. for the landlord tenant act of ontario.please

 

Accepted Answer

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Expert:  Debra Thal replied 641 days and 14 hours ago.

Sure.

Their contact information is here:

http://www.ltb.gov.on.ca/en/About_Us/STEL02_111278.html

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37513
Answered: 7/22/2011

Experience: Lawyer

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