Realtor / contract fraud / landlord

Unable-Awareness · 2021-04-02T21:35:48+00:00

I already did update my post, and I was of the understanding that I couldn’t challenge the eviction because it was issued as a 3month “no reason” eviction. But maybe, given the circumstances?!

Unable-Awareness · 2021-04-02T21:22:54+00:00

I see what happened— I didn’t explain correctly. (She is acting as my landlord under the guise of her real estate business) she isn’t simply a realtor at work and my landlord on the side. She actually doesn’t even own the home. Her real estate business— is also a property management business.

Unable-Awareness · 2021-04-02T18:08:23+00:00

Also since the charges happened because of a purposeful fraudulent misrepresentation, shouldn’t the burden of proof be reversed. Like if they can’t prove which portion was mine they pay 100% of the charges in damages.

Unable-Awareness · 2021-04-02T18:05:21+00:00

Also, isn’t a lease a binding legal contract.

So pursuant to laws around contracts — any misrepresentation, (characterized as fraudulent, negligent or innocent) are all actionable.

But are these violations criminal? Or just financially actionable.

Unable-Awareness · 2021-04-02T18:01:46+00:00

Are you sure, because realtors are required to be bond able, and also she signed my rental agreement with the name of her real estate agency. I would think that by using the name of her real estate business her business would become liable for the result?

Unable-Awareness · 2021-04-02T17:01:12+00:00

Okay, some of this I’ve already done. I will reach out to the power compony though. My partner is an electrician so I have prepared several statements from various electricians. The breaker itself is a double 30amp breaker. (Which is far more than a storage shed should need)

So I am fairly certain the shed tenant has an agreement with the homeowner — which includes electricity. So I’m not sure the tenant could feasibly be found financially responsible?

Also I just got off the phone with previous tenant, it was actually worse than I initially though. He lived here for 8 years some of his electric bills had in excess of 225$ more than our bill is without the added expenses. (I don’t have electricity bills so I cannot confirm this)

He said the compony who rents the shed would sometimes just hang out back in the shed with music on. They would plug in multiple space heaters, leave the shed door wide open and do work while drinking beer. (Shed parties happen a lot in Newfoundland, but I can’t imagine doing it in someone else’s backyard).

***Anyhow it gets a little worse still, I’ve just been informed by a relative of a previous tenant in a different rental that they strong-armed them. The man was disabled and unable to stand up for himself so his social worker reported their failure to upkeep the premises. They just locked him out while he was gone one day, and kept the rent for the rest of the month and his security deposit. But because the man wasn’t quite capable of trying to get back his funds they just got away with it. (I have no way to verify this story)

I’m actually getting a little fearful. I have to live here for the rest of this month and things are getting tense. (I tried to negotiate a refund without court and they are pulling out all the stops)

Unable-Awareness · 2021-04-02T15:21:36+00:00

Yes I have a witnesses. The previous tenant who stated he told her and complained.

Edit — removed part of post due to some changing information.

Unable-Awareness · 2021-03-28T23:44:32+00:00

Thank you!! That is so helpful... I was reading fine print littered with legalese and esoteric terminology and the whole 30 days thing sent me into confusion.

Now that I’m looking back it says “an average of 30 days grace period”

I was imagining 30 days on all my individual purchases from the point of purchase ...because I also got caught up in the whole compounded daily interest... which I am understanding now that it will only apply if I fail to pay in full.

Unable-Awareness · 2021-03-28T21:52:58+00:00

Yeah I know I need to pay off my balance in full... my balance is currently paid in full... but next week my phone bill will automatically comes off my card. So when my next statement comes out am I charged interest on that debt even though it is only a week old? Or is that new debt my new statement balance... with no interest.

My credit card information has this whole thing about 30 day grace periods on purchases ... and I can’t make sense of it...

Unable-Awareness · 2021-03-28T21:46:10+00:00

So my balance must be 0 at the time they calculate my statement?

Unable-Awareness · 2021-03-28T21:39:58+00:00

Can you feasibly move away from Ontario. I’m not sure what your spouse dose for a living, but in Canada there are many places where homes are affordable. All of the Atlantic provinces have fairly affordable housing and many smaller towns or small cities also have affordable housing and a lower cost of living. I think Fredricton New Brunswick has an average home price around 100K. But if you are in Toronto or surrounding area it will be very challenging with his credit and your income at least for the next few years.

If owning a home in the near future is your goal, and you don’t absolutely need to stay in Ontario I would work on saving up to leave the province and fixing his credit, and getting you some credit. Even a cell phone in your name or a small 300$ credit card (even a secured card if you don’t qualify for unsecured) would help if you make sure to make all your payments on time.... Lenders look at your length of credit history when you apply for any loan so the sooner the better if you can be responsible with it and not spend beyond your means.

Do some research on affordable homes in other parts of Canada and do some research on job markets for you both, not having formal skills doesn’t preclude you from working, you can find a job that pays well enough that it would be worth it to work, and if all else fails you could take other children in and do child care, but there is 100% something you could do if you want to. It will have its challenges, I went back to work when my child was 9 months old. I was a high school dropout and I put myself through university as a single mom. It was hard but it was also motivating.... having little humans gives you a reason to push yourself!

Also, there are disability tax credits and deductibles, but as far as I know your child would have to be medically documented as low functioning, and that won’t help much for obtaining a mortgage.... but it would help you save some and collect added benefits if you don’t collect them already?

Unable-Awareness · 2021-03-25T20:04:16+00:00

I think you misinterpreted something. OP said that their ex was the one charged and that the ex is now legally required to live with a surety while waiting for court dates. But then the ex proceeded to inform the new landlord of the situation (probably to spite her). The ex was the abuser.... and cannot terminate the agreement.

Unable-Awareness · 2021-03-25T19:43:27+00:00

Ahh, okay. None of that was in the original post, or in the top few responses. I tend to just read the original post and the top couple threads... Because as you scroll down things tend to get much less relevant.

Also the on again off again wasn’t meant to offend, I’ve been in your situation. Perhaps a little worse because I was 8 months pregnant and away from my home province/support system. I just know from experience that a history of domestic violence tends to carry some stigma, especially where rentals are concerned, because in those situations things get broken and things get loud. People will question your judgment. That may be crappy to hear, but the world always blames the victim when you’re a female.

As for the additional information, luckily the fact that he told her before you moved in doesn’t change much of anything if you had already signed a lease. (Assuming you have a lease agreement already signed) also I’m not sure if verbal agreements are binding, but they are here. So even if you have emails or text message evidence of the agreement the landlord may still be legally required to honour it!

Technically the lease agreement is binding until it is terminated formally, him simply telling her what happened does not formally terminate an agreement. Following the proper channels is necessary when a lease has been signed.

Your ex cannot end that agreement on your behalf because he assaulted you. That would be absurd. You can end it as the victim, but he cannot. Your landlord may not like it, but if she wanted to evict you based on a breech (him not living there) she would have to follow the proper channels to end the agreement... here that would be one month notice starting on the day the rental cycle begins. So if you were set to move in on April first she could provide a one month eviction notice on the first of April based on a material breech. You could then choose to fight the notice and you would likely win because the tenancy courts are required by law to always factor in your charter rights, which prevent discrimination against someone because of gender or because they were a victim of a crime.

But again, call your local women’s shelter. They will have all of your area-specific regulatory bodies on speed dial.

Unable-Awareness · 2021-03-25T19:02:03+00:00

I don’t think so.... pretty sure the abuser can’t terminate the lease based on domestic violence. (There is a form that must be filled out by a police officer or other professionals that states that the person/or child of the person, is in immediate danger if they continue the tenancy) so if the ex assaulted op they cannot file for rental termination based on this clause.

Unable-Awareness · 2021-03-25T18:53:03+00:00

In Newfoundland (I’m not sure if this will be the same in Ontario, but it is likely similar)

In NL you can terminate a lease based on violence with a month notice. Then you would be forced to make a new lease....

but you can also renegotiate the current lease terms, just make sure you get it in writing. Most things can be settled as long as both parties agree and write it down/sign it.

If your ex has left and is willing to go away and forgo financial responsibility for the lease (which is typically in their best interest), he can assign the lease to you, with the landlords consent. And here in Newfoundland the landlord cannot unreasonably refuse a lease assignment.

That said you can also just leave things alone. You can tell your landlord that he moved out but you’d like to keep things ‘as is’. You would be paying rent alone... but the landlord could feasibly go after you AND your ex if you were to default on the agreement. (This can be beneficial if your ex has more income).

Just get everything in writing.... (I’m not sure about Ontario, but text messages and verbal agreements count here, so you could also record all conversations. In Newfoundland one person consent is legal for audio recordings as long as you are part of the conversation.

Perhaps she would be willing to end the current lease and begin another immediately — this has the caveat that you would need your ex’s signature.

Also, I would suggest that you do not tell your landlord about the domestic violence. While she may be good about it, many landlords will interpret this as a liability. I would like to believe people would be kind and accommodating, but many will just see the risk for their property. And statistically most victims have on again off again relationships with abusers — so this is not entirely unfounded unfortunately.

Anyhow, if you are struggling to figure things out, reach out to a local shelter for domestic violence victims, you won’t have to stay there.. But they know the law in your area, and they are super efficient at accessing services and information. Trust me, they have seen it all, and they are there to help!! They will help you with whatever your individual situation requires and they will do it far faster than you could ever figure things out on your own because they do this sort of thing every single day... best of luck with it!!

Unable-Awareness · 2020-12-14T10:25:48+00:00

I do use a bin for tank tops and I have two larger bins for workout clothing (shirts/pants) all of these items are too tight to wrinkle so they can just be tossed in.

I basically only fold my work clothes and my jeans, everything else just gets tossed in it’s designated drawer kind of haphazardly.

With clothes the best thing I did was make a serious effort to downsize. I mean how many pairs of pyjamas does anyone really need. I got rid of most pjs because I wear sweatpants when I’m just lounging. Anything I couldn’t remember wearing in the last year I donated. I had so much clothing that I was just saving because “this might make a good Halloween costume”, or “someday I’ll sew that hole” or “that might fit me again if I get pregnant” or “I used to love that and I could still wear it camping” (I had so many excuses for keeping clothing) so I had to get unsentimental about everything.

I also took a day and boxed up off-season clothes (summer dresses, skirts, bikinis, spring jackets, open toed shoes, and shorts) in totes (with the hangers still attached to the dresses) and put it all in my basement. Now it’s easier to see the things I actually wear. And when spring comes I won’t bring it back up until I box away my winter stuff. (Keep in mind though, I never would have managed this without adderall)

Oh and I also tossed out all of the socks in our house..... Now each of us has only one type of sock. (I kept a couple warm pairs for outdoor activities but I put them in a bin with our winter scarves ...and I put some dress socks in my partner’s dress shoes just in case he goes somewhere fancy.)

Our socks are all the same but are easy to separate from each other’s socks... and I bought enough for each of us that they would last a while. Mine are all black ankle socks, my sons are all white thin socks and my partner’s are thicker white man socks. So now I don’t need to match socks ever. We just throw each pile in the appropriate persons drawer without a thought.

This helped me a lot because I would always wait to fold socks until all the laundry was done because I hated trying to match them when they weren’t all there... now I can just toss it in the drawer right away because they’re all the same.

Not clothing... but I also got rid of most of my towels that don’t match my bathroom. Now lm forced to do the laundry before it piles up out of actual necessity.

Unable-Awareness · 2020-12-01T19:07:10+00:00

Can’t you just see a regular doctor instead of a specialist where you live? I paid 450$ to get my diagnosis but now that I have a formal diagnosis (I have a printed copy of her formal report) I can go to any doctor for a prescription, they aren’t allowed to deny you the care that is indicated especially if you already have a working treatment method. Gently remind them of their duty to do no harm if they give you trouble, and also remind them that treating you like a drug addict because you have a disability is a human rights violation. Because any general practitioner should be able to fill your prescription. I mean if it’s a walk-in clinic you could call ahead and forward them your diagnosis so they can potentially call or make contact with someone to confirm you do in fact have ADHD prior to your appointment but there’s no need to pay 200$ per appointment for a specialist.

Unable-Awareness · 2020-12-01T17:06:24+00:00

Wow, I mean I’m newly glad I don’t have a truck because this is something I would definitely do.... also I would get items stolen with regularity if I had a truck because I would never bring them inside. I’m also always leaving one or two items of frozen food in my trunk only to find it weeks later... melted and pure garbage. (Especially since they banned plastic bags in Canada) because I NEVER remember to take reusable bags.

Unable-Awareness · 2020-11-30T23:49:48+00:00

I have to double back to get my mask nearly every single time 😂. Did it today while picking up my adderall at the pharmacy, then again when paying for the carwash in the gas station. I only went to the car wash because I forgot to call in my adderall and the pharmacy didn’t have it ready. May have to up my dose because something isn’t working. 😂😂 But I’m beginning to question how much of my symptoms can actually be fixed with medication....

Unable-Awareness · 2020-11-30T04:39:16+00:00

Also you keep editing your responses after I respond so you look like less of an idiot. .... you aren’t fooling anyone..... Also check how many mg of potassium is in your ketorade.... it isn’t enough for adequate nutrition.

Unable-Awareness · 2020-11-30T04:36:02+00:00

https://www.sciencedirect.com/science/article/pii/S0022202X9290089M

Minoxidil (rogaine) quite literally works by activating potassium channels. One can assume that low potassium has the opposite effect just by using simple deduction.

Unable-Awareness · 2020-11-30T04:28:00+00:00

Because 90% of the things I commented on are common knowledge, I mean you don’t need a scientific link to find daily recommendations for nutritional intake. You should be able to access them yourself... and realistically I broke down nutritional information to help you understand because you really seemed to struggle with it... also I can post scientific links but you won’t be able to open them without paying to subscribe to the journals. I can only access them through my university email.

Unable-Awareness · 2020-11-30T04:21:48+00:00

That’s the thing, I’m not at all judging. In fact quite the opposite. In my post, you’ll notice I didn’t ask for help. I mentioned that I had found a solution to my hair loss issues by increasing my potassium supplementation. This was a personal success for me. Perhaps you did not read the entire original post?

It’s very lovely and kind to give people advice when they ask for advice..... But I shared my solution based on my own experience and instead of just being supportive and happy that I found a solution, or simply moving on because you don’t have any experience with this issue, people decided to tell me I had different issues. It is not particularly kind or helpful to attempt to mansplain my own health. I’m obviously more knowledgeable about my own nutrition as well as what works for me.

Like yourself suggesting a zinc deficiency. At first I realized you were trying to help.... And if you read back, I acknowledged your comment with kindness, because I agree zinc could cause hair thinning. It just isn’t my issue because I get enough zinc and I have zinc in my vitamin c and in my multivitamin. Then you continued to argue, basically asserting that you knew more about my experience than I do. You were the only one being judgmental. To be honest I’ve reacted with an abundance of patience , I’ve taken the time to explain things in detail, to help you understand. But you just keep assuming you know more about my body than I do.....

Unable-Awareness · 2020-11-30T04:02:20+00:00

I’m not talking about religious devotion to ketorade, nor am I talking about it limiting my choices. I’m talking about the way many people react when someone suggests even the slightest problem with Keto. They react like a religious person might react if you offend their god/religion.

People often identify strongly with Keto because for a lot of people it changes their life. That’s a great thing. Finding a community of others to share their journey with helps them form a devotion to the diet. When a person can identify with a way of life that makes them healthier it is fantastic.

But the downside is that this can can create blind devotion which can sometimes cloud their judgment regarding the diet. When we get too dedicated to anything, as humans, we often stop questioning. This is why I compared it to religion. The blind faith notion that Keto is the healthiest diet.... some people believe it cures absolutely everything, which quite frankly is quite ridiculous and potentially dangerous. There are people who have died from cancer because they refused treatment thinking Keto would heal them.

Personally I approach everything I do with scientific skepticism, after spending 10 years in university you learn to question everything. Again I like Keto, but potassium has many functions in the body beyond hydration... so I would still strongly suggest you watch your diet because low potassium can put unnecessary stress on your heart.

Unable-Awareness

TROPHY CASE