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Legal Ease
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I have a matter related to a tenancy situation, where the

Customer Question

I have a matter related to a tenancy situation, where the landlord has falsely accused me of a crime. I am in Quebec, so I'm not sure if your service is available to me.
Submitted: 12 days ago.
Category: Canada Law
Customer: replied 12 days ago.
Ongoing problems with the landlord. Most recently, entered the with 3 friends, and their dog. Threw down and broke our video camera. We showed the video of this event to the police, but they say he entered as the "owner", it's his right. We reported it to local police, who took our statement, but were told it's civil, and probably would never proceed to charges. The police interviewed the owner, who has falsely accused us of stealing curtains and an old stove. Police tell us this will be forwarded to the attorney general, and we face possible charges. The curtains are in the house. The owner gave us the old stove (value of about $50), but the stove had to be thrown out after our basement flooded. The owner knows this. The owner has friends claiming that we falsely impersonated him, in order to lease to them. Also untrue.
Expert:  Legal Ease replied 12 days ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 12 days ago.

I am so sorry.

Are you saying the police said it is OK for him to throw down you video camera. Or was that an accident when he entered with the three friends and there dog?

I will answer after I gather a bit more information from you.

Thanks

Customer: replied 12 days ago.
The police don't really comment about the camera, just repeating that it's a civil case. The side door was also damaged, which we don't understand, as he has a key.
Customer: replied 12 days ago.
The police say they are submitting both sides to the attorney general, but we can come in to respond to the "curtains" accusation if we want. We think we should be prepared to attend this meeting.
We have video, the owner has only his word, yet we also face charges......don't understand.....
Customer: replied 12 days ago.
We are quite certain that the owner's lawyer has already spoken to the officer. This lawyer has attempted to evict us without cause twice. We also have an option d'achat, so have an investment there, but have to live elsewhere due to the circumstances created by the owner. We have the costs of 2 homes because of his actions.
Expert:  Legal Ease replied 12 days ago.

It is a civil matter in terms of him entering your home because it is his home. It is not a case of breaking and entering for example. It is certainly a police matter and offence if he actually picked up your video camera and threw it on the ground and broke it on purpose.

But for the most part this is a civil matter. And your remedy is through the landlord-tenant board of your province. The landlord entered illegally and the landlord has been harassing you and depriving you of your right to peaceful enjoyment of your home. That is all completely against your rights as a tenant. Your rights are protected but not by the police though unfortunately.

Your best next step would be to contact the Régie du logement and you can read about what they can do for you hear first:

https://www.educaloi.qc.ca/en/capsules/regie-du-logement-rental-board

Here is a link to the Regie's site:

https://www.rdl.gouv.qc.ca/

You will be able to take this disgusting landlord before them and an order will be made against him.

I do not believe at all that you will be hearing from the place about any accusations you've made or that have been made against you. It doesn't make any sense. But, it may make sense for you to consult with a lawyer who practices criminal law face to face quickly now just in case and also if you want the lawyer to help you deal the police with respect to the criminal aspects of your treatment by this landlord.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $30.

Here is a link to their contact information:http://www.barreau.qc.ca/en/public/trouver/avocat/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 12 days ago.
We already have an audience scheduled very soon at the Regie. In the meantime, we are in the position of having to defend ourselves to the police, even though we are the victims in this matter. We have video, yet the police seem to accept the owner's allegations, without proof, and even contradictory evidence (the curtains are in the house!). We need help with meeting the police, which has to occur on Thursday, as he is ready to submit both depositions. We need to know what to say, to best defend ourselves. How can the officer submit a request for charges against us, based on only the word of the actual criminal? The value of these items, even if they were gone, is maybe $100. Worse yet, the stove had to be removed, as the owner would charge us for leaving garbage behind..... and the curtains, which he said were ours, are still there. Obviously, the owner is making this all up. Why didn't he ask us about these items, and goes directly to a false accusation, which the police take as fact, without evidence. How is this possible? This is a false accusation, harassment and intimidation, actually. This comment needs to come from a lawyer, to set the police straight. They can't just take the owner's word......they don't check if it's even true......yet we face charges.....that's unacceptable.
Expert:  Legal Ease replied 12 days ago.

You can only protect yourself properly by having a lawyer attend the meeting.

That is what I am strongly advising.

Customer: replied 12 days ago.
that would be great, but such short notice and cost prohibitive. Was thinking a letter we could take along, or phone call from a lawyer on our behalf.
Expert:  Legal Ease replied 12 days ago.

Lawyers are expensive but if you get charged the cost will be exponentially higher.

The idea is you pay a lawyer a small sum now to avoid getting charged.

But perhaps if you consult with a lawyer the lawyer will agree to call the police for you or at least be ready to speak to them when they are interviewing you and also will give you some advice before the interview.

Expert:  Legal Ease replied 11 days ago.

Is there anything more I can help you with at this point in time?

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