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My daughter is sharing a condo with her boyfriend. Her name…

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My daughter is sharing a...
My daughter is sharing a condo with her boyfriend. Her name is XXXXX XXXXX lease, however he does pay 1/2 of the rent. The furniture was purchased by her prior to her meeting him.
He is abusive emotionally and has threatened her that if she ever left him she would be sorry as he would make her life a living hell. He has never hit her however he has broken large mirrors, put holes in the walls, and when he gets angry he pretty throws whatever is near him at her. She has finally given up on the relationship and has asked him to leave, however he told her he will never go and things will get ugly. The police were called to the apartment by the neighbors at one point when he was in one of his rants. She has discovered he is using cocaine and is afraid of him.
He will be away for the long weekend in July and I suggested we pack all his belongings put them in a storage bin for him and tell him the bin is paid for 1 month to get him time to pick up his stuff. Also we would taking his clothing & toiletries to a good friend of his home. She would then call him when he is on his way home from Calgary and tell him he no longer lives in the apartment. He hasnt paid the rent for July and won't be until the 4th of July.
Is what we are planning to do legal? He will never leave if she gives him notice and he has told her he will destroy all her belongings if she ever asks him to leave.
Submitted: 8 years ago.Category: Canada Law
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Answered in 1 minute by:
6/27/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,099
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debra thal :

Is is name on the lease too?

When the police were called what did they say?

Customer:

His name is XXXXX XXXXX the lease.

Customer:

When the police were called by a neighbor in the building, it was because he was yelling at her and throwing things. My daughter had ran out of the apartment and was on her way to my house. The police called her to see if she had somewhere to go and suggested she not come back that night and asked if she wanted to press charges She said no. They also told her that they had siezed marijuana from him.

Customer:

She will have his key to the apartment and it is a high rise building. She will be staying at my house for the first few weeks after she has moved his stuff.

debra thal :

Will the landlord co-operate with her?

Can she/you afford a lawyer?

It may work better if you have a lawyer even just write one letter.

Customer:

Can we legally pack up his stuff being careful not to damage anything and move it into a storage bin?

Customer:

Yes the landlord will co-operate with her.

Customer:

If a lawyer writes him a letter and he receives it before she makes the move....we know that he will have the opportunity to hurt her and destroy her belongings.

Customer:

This is being done totally without his knowledge. He will be notified by her on his drive home from Calgary. She will not be at the condo and he will not have the key to get in.

Customer:

We will go to the police and the landlord and be sure to tell them our intentions. I'm sure the police probably have a record of the last incident. Could he press charges for her moving his belongings?

Customer:

She can't give him notice to move. Is there a law in Alberta or Edmonton as far as notice to evacuate or would this not fall under that law?

Customer:

Do u have anymore answers?

debra thal :

Sorry for the delay.

He is not a tenant that is covered by law that protects tenants because they shared their premises.

He is violent and it's very hard to see how he could have her charged with anything at all.

She is not harming his belongings nor is she keeping them.

Even if she locks him out and the police say she must let him in they would not charge her unless she did it a second time.

She can see a lawyer who can write him a letter once he's gone if she knows how to get a letter to him. It can be delivered by courier or by Registered Mail.

I think it's very important that he police know that he's violent and is substance abuser and she is afraid of him.

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