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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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We had a tennent in an apartment who left with non payment

Customer Question

We had a tennent in an apartment who left with non payment of rent and also substancial damage...when she came to view the apt her mother came with her..the renter didn't do the talking her mother did..she assured us that her daughter was responsible...rent would be paid on time...very quiet and respectful..non smoker and would be a very good tennent...through small claims court would I be able to place her mother's name and hers on the claim...verbal agreement no signed one thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Did the mother agree to pay the rent?
Customer: replied 1 year ago.
She agreed that the rent would be paid on time...full amount every month..no problem..and the tennent agreed as well...hydro was placed in Mom's name so she paid that as well
Customer: replied 1 year ago.
From May 1 the mother would bring money orders for the rent..no problems but then starting in August when the rent was subsidized and only partial rent was to be paid then the tennent would give cash whenever she had it...never on time....missing months..spoke to her mother numerous times about the situation and the mother assured that she would make it right...never did though
Expert:  Legal Ease replied 1 year ago.
Did the mother assure you that she would make it right or that the daughter would?
Customer: replied 1 year ago.
The mother said she would make sure her rent would be paid on time....also when the tennent damaged the toilet the mother paid for a new one to be installed because it was her daughters fault...no questions asked...her mother looked after everything for her...so my question is can her mother be placed on the small claims court case with her daughter? My view is that her mother was sort of a co renter with her because she didn't want her living at home with them..and we spoke to the mother numerous times about what was happening because the tennent wouldn't speak to us ...she avoided us continuosly
Expert:  Legal Ease replied 1 year ago.
There is no such thing as a sort of renter for legal purposes.If you can prove that the mother agreed to be liable for all the debts of the daughter in terms of both rent and damages then it may be possible to sue her successfully. As she told you at one point that she would see that the rent is covered you may have a chance. Had she signed a lease as a guarantor then your case would be easy but that was not what happened unfortunately.
Customer: replied 1 year ago.
I know I should have had a signed lease but in this small community a verbal and handshake deal is worth gold. I did seek a paralegal today and she is going to procede with a small claims submission...with everything I had to show her and doing checks on this renter she is hopeful to get some respnse I will let you know
Expert:  Legal Ease replied 1 year ago.
It is more that it would have been better to get the mother to sign something. The daughter is liable no matter whether there was a written lease or not. I hope this works out and please do let me know.
Customer: replied 1 year ago.
Sorry for the late response I had been away for a few days...thank you in reassuring me that the daughter is liable for the rent and damages...a paralegal is preparing a letter to be hand delivered to the daughter and also one to the mother hoping some compensation will be made and if not then small claims court for sure and the paralegal feels judgement will be in my favour but then its about getting compensation....some how it will get settled....I will definetly let you know how it turns out
Expert:  Legal Ease replied 1 year ago.
Please do and good luck.

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