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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3564
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I was having an affair and lady friend, and in the interim

Customer Question

I was having an affair and lady friend, and in the interim she located, rented a house without me signing a lease but was there in the house when she signed the lease with landlord. She paid the first and last month rent, plus 10 posted checks.
Now that we are not seeing each other , she's demand financial compensation. I was also seeing a therapist because of my feelings and came to my senses and working on my marriage. The other women is emailing and harassing my wife. Your thoughts on both matters,
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello Frank, thank you for the question.

This is an unfortunate situation. On the bright side, you came to your senses and your wife already knows about what's going on so there isn't the added consideration of trying to keep all of this from her.

How long has this been going on for? When did she sign the lease and give payment/cheques?

What is your wife saying about all of this?

Customer: replied 1 year ago.
The affair was about six months, but she lived in a town house. two weeks ago she decide to get a big house. I advised sometime in Janaury when we were together. I ended the affair 10 days ago. She did locate this house on her own and discussed with landlord she was taking it without my consent. She paid first and last month in cash and gave landlord 10 posted checks two weeks ago. She is now stating she moved back to her town house. My wife know everything.
Expert:  Ulysses101 replied 1 year ago.

I see. As you've observed Frank, you're not on the lease and if the rent doesn't get paid then the landlord won't be coming after you for it. You say she's moved out of the new rental and back to her town house, so it's very possible that she or the landlord has found another tenant to take over or replace the lease. Let's hope that's what has happened or will happen soon. If she's paying rent on a large house that she was expecting you to help with, she won't be happy and is thus more likely to be irrational and to stay in unwanted communication. So if she starts getting in your face about you paying for your share, remind her that you're not on the lease and that she's free to find a sublet.

The harassment of your wife isn't ideal either. You don't need for your wife to be constantly reminded of this mess. There's little that you can do about that, other than the obvious blocking of your ex's emails and telephone/cell numbers.

If you really want to take control of this situation, you could get a lawyer to write her a letter. That won't cost much at all, since it's just a letter. The lawyer would write that you're obligated to contribute to the rent, and that if she keeps contacting you and/or your wife that you are free to pursue criminal charges of harassment or seek a restraining order in civil court. Often that works effectively to put a stop to it.

However, in this case if your ex is continuing to have to pay that rent, she'll want to know how to put you on the hook for it. It's possible that she could bring an action against you in small claims court for half the rent, claiming that it was on the strength of your promise to move in and to help out that she signed the lease in the first place. I doubt she'd win but she could try, because if you made that promise or if she claims that you did then she has enough to start the case. I feel that I need to point that out to you. Again, even if she did try to get you on the hook for half the rent, she has an obligation to make best efforts to find a sublet in order to reduce what she's out of pocket; that's the plaintiff's obligation to "mitigate the damages".

Does that answer you? If there's more to discuss then please reply. If I've answered you fully then I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 1 year ago.

Hello Frank, I'm just wondering if you've had a chance to read what I wrote and if there's more you'd like to discuss or clarify about leases, mitigation of damages, criminal harassment, or anything else about your topic.


Expert:  Ulysses101 replied 1 year ago.

Hello Frank, I was thinking about your matter today. I have a client going through something very similar, which is odd.

Any new developments you want to talk to me about?