HELP PLEASE! Need/Looking For A Lawyer ASAP!!! (P.S)

[ham2004]

Bob, sorry I thought it was given..

Bob - I thought it was a given that she would have to pay her rent. Usually directly to the tribunal in form of certified cheque or cash.

But based on the topic and the fact that she is a repeat offender per say, they will in likelyhood just refile and request her eviction based on repeated non payment.

This is where the community and social services should step in, if they have been contacted. Usually the board is unwilling to grant eviction to someone based on arrears who has a mental health issue.

I have said all along she needs to get help, first I directed her to a lawyer, her own post says she is looking for a lawyer but has no funds. I recommended she get over to the court house and seek legal aid through the duty consul.

Next I recommend she get to a doctor and get the documentation for the court, and

Thirdly, she would need the help of either family services or community services to advocate on her behalf.

At all times I expected her pay her rent..

 

[orangeshirt]

move

Can we take a step back for a moment and think about just what steps, if any, we can take to actually help this woman?

Moving isn't the end of the world. It's usually a great new start! I have moved several times and its usually a step up. BTW I own a moving truck and also have 2 strong arms

 

[The Scholar]

Can we take a step back for a moment and think about just what steps, if any, we can take to actually help this woman?

Winston et al:

I pm'ed Annessa offering to help her, but did not receive a reply.

Based on the information contained in this thread, the most that Annessa can hope for is as follows:

1. If an Order terminating her tenancy for non-payment of rent has been granted, then it will set out the amount she owes and the date of eviction.

2. If Annessa pays the full amount of the rental arrears owing, then she can file a Motion to Void an Eviction Order for Arrears of Rent. It is critical that she file this motion with full payment on the day before the Landlord can file the Eviction Order with the Sheriff. This does not preclude the Landlord from filing another application with the Tribunal on other grounds or filing another request to evict if she is late with the rental payments.

3. If Annessa does not have the funds to pay the rental arrears, then the only other option would be to retain someone to negotiate with the landlord for extra time to find a other place to move. I say this because many Eviction Orders tend to not give much time to vacate the premises. However, it will require a signed agreement setting out payment terms of the rental arrears and a date of vacancy.

4. Most Landlords are willing to work out a reasonable agreement rather than expend time and money on legal proceedings.

If Annessa needs help in this area, she can pm me.

Regards.

 

[The Scholar]

Would it help if the evictee-designate agrees to post a bond of sorts? That is, offer to pay an additional month or two to the landlord as additional security. Could this be a mitigating factor to the tribunal?

Just wondering....

The Tribunal does not entertain contract negotiations. It is a Tribunal that deals with settling disputes between Landlords and Tenants.

However, if Annessa were to pay the arrears in full a day before the Landlord can file his Eviction Order with the Sheriff, then she would be able to bring a Motion to stop the Eviction. If successful, then she would go to the Landlord and offer to provide several months rental payments in advance.

Regards.

 

[Don]

Moving isn't the end of the world. It's usually a great new start! I have moved several times and its usually a step up. BTW I own a moving truck and also have 2 strong arms

Finding a new apartment for her might be easier said than done. New landlords will want some references and it looks like she won't get a good referral from her current landlords. Honestly I'm not sure what is the best solution. It's like having bad credit, it follows you around and becomes a burden. The best thing is to never get into that state and once in it, to do your best to get out and stay out.

 

[Marco]

Annessa you are lucky they even allowed you to speak. Tribunal is stacked by Harris era cronies. Once the sheriff comes along that's it. Find a new place.

 

[KBear]

If successful, then she would go to the Landlord and offer to provide several months rental payments in advance.

Dont think some of you guys read her second response, or really know anything about the law, but are still eager to help and give offline/personal advice as if an expert. Think this is how she got in this situation in the first place, but it seems she has leaned some lessons.

She is being evicted for being persistently late with rent payments, not for none payment, but that is also an issue.

Offering several months rent in advance is a meaningless gesture for many reasons.

 

[The Scholar]

Dont think some of you guys read her second response, or really know anything about the law, but are still eager to help and give offline/personal advice as if an expert. Think this is how she got in this situation in the first place, but it seems she has leaned some lessons.

She is being evicted for being persistently late with rent payments, not for none payment, but that is also an issue.

Offering several months rent in advance is a meaningless gesture for many reasons.

KBear:

I read her initial and follow-up response. There may be some who gave advice out of a desire to help an individual in distress, however, I gave advice on how to deal with the problem. My understanding of the law is quite clear.

Now, for a quick lecture on the law in this area:

1. Whether the landlord is going after a tenant for continual late payment of rent or for non-payment of rent, the form is the same. It is called an L1; Application to Terminate a Tenancy for Nonpayment of Rent and Collection of Arrears of Rent. This form deals with both issues.

2. If the Landlord obtains an Order that evicts Annessa, then the options available to her are outlined in my earlier posts.

3. My suggestion regarding the advance of several months rental payments was in response to another poster who wondered if it would be a consideration for a Tribunal. I clarified that the Tribunal would not give it any consideration, but the Landlord, provided that rental arrears are paid, might give Annessa time to prepare for a move with a couple months paid in advance.

4. There are two options available legally: the first is to file a Request to Review an Order. If that request is granted, then a hearing would be scheduled to review the orginal Order. A stay can be obtained that prevents enforcement of the Order until the hearing. After hearing from the parties, the Member might leave the Order as is, vary it or quash it. The losing party can then file an appeal with the Divisional Court for a review of the Order. An Order that is appealed to the Divisional Court is automatically stayed. A decision rendered by the Divisional Court pretty much ends the legal proceedings.

I hope this gives posters clarity on this issue.

Regards.

 

[sizematters]

I would hope that every guy would send her something, if for no other reason, than to help her buy her medication and some food.

.

Winston, tried to PM you but full up.
How does one email money?
thanks,

 

[slyguy]

PayPal is one option.

Winston, tried to PM you but full up.
How does one email money?
thanks,

 

[sizematters]

ahhh...

Hi, I'm surprised to see that my box was full. Go figure.

Anyway, if you have access to your bank account online, you will find that there is an option to trasfer money via e-mail. Very easy to do.

...thanks Winston.
so...one needs the recipient's transit number & bank account number? guess I need to call her but hate to be a pest.

I would like to help Annessa, maybe I'm just a sucker for a pretty face...but after all the debating and guys spouting 'rent law' to each other, we simply need to get out our cheque books (or offer a moving van as one fellow did).
cheers,

 

[Svend]

Like it or not, discussing depression or mild emotional problems will affect business, people have a choice to see someone else.
However, she has great reviews and many repeat customers so this wouldn't affect my decision to see her.

 

[Annessa]

Hello everyone,




Thank you everyone for your continuing feedback, information, support, thoughts and prayers. It’s been a crazy few days running around trying to find someone that will grant me a Stay Order so I can begin to put my case together. I will find out tomorrow from the 4th agency I have gone to whether I can get a Stay Order or not.


I need to say some things and clear some things up because of some people's responses.

I DO NOT deny that I owe the company money and because of that I WILL PAY the company the money that is owed. The reason why I want/need to appeal the tribunal and retain a lawyer is because I have been over-paying in rent and paying for a parking spot on top of that when the parking spot is included in my monthly rental amount for my entire 1 year lease (that expired October 2004 – it’s on a month to month basis now.) The problem lies in WHAT IS THE PROPER AMOUNT THAT I ACTUALLY DO OWN?
So, this is not a simple; a tenant that doesn’t want to pay the rent to the landlord. I want to pay and only pay what the correct amount is that I owe.

To make is a little clearer for you all; My Lease / My Tenant Ledger / My Cheques for the year starting/finishing October 2003 – October 2004 ALL have different amounts of what my rent is.



1. I always paid my rent. When I get sick and need to go into the hospital I contact ALL my monthly billing companies (landlord, bell, cable, etc,) and let them know I am in the hospital (faxed letter from the head psychologist verifying this) my utilities have never been cut-off nor bad credit for delays, the utility companies are a 'hell-of-alot' more understanding. Once I feel I am re-stabilized again and ready to discharge myself from the hospital the first thing I do is call ALL my monthly bills and let them know that I am out of the hospital and make arrangements to catch-up/pay my bills. Which I have done both times I was in the hospital.

2. When I am in the hospital I CAN'T WORK! That is my home (for the time being) and I live there 24/7. So these comments of "just pay it" is not that simple because like I stated, however amount of weeks that the head psychologist and myself feel that I need to be in the hospital until we feel I am ready to come back out into the world is unknown. Some stays have been longer then others. So, no income is coming in what-so-ever while I am in the hospital. Plus, I'm not thinking about anything except getting myself stable/better again so I can get back out into the world and live it. I am a fighter and survivor.

3. When I come out of the hospital I have a life that had to put on hold as I can only focus on getting better while I am in the hospital. Worrying about the outside world while I'm working at getting better will just make my recovery much longer (weeks or months).

4. So again, once I am discharged from the hospital I know and have bills that need to be paid, no money (as I stated, I can't work while I am in the hospital) and I need to go back to work (which I do) so I can get caught-up and current with all my bills, and I have done just that 2 times since December 2003.

5. One of the many comments I read by Bobzilla, specifically "You can't have your cake and eat it to." no shit, really? I didn't know that. People that have met me, seen me, spoken to me, etc. know that I am NOT that type of a person. I don't EVER ask/look for pity, charity or sympathy. I look for understanding, compassion, and wait/hope for work so I can continue to live. I have been on my own, living and paying my bills for 14 years now. I have NEVER! EVER! accepted a 'sugardaddy' in these 14 years to take care of me (and I have had many offers over the years) I am an independent person that takes care of myself or in an equal 50-50 partnership with someone.




*continued below*

 

[Annessa]

6. I'm not asking or was asking for special treatment, as we all have our own battles, what I was asking for (from the management/tribunal) was time to allow me to catch-up with my rent just like I did the other 2 times. They did not want to give me even an inch. The company see me as a liability, someone that they don't want to have to deal with that can suddenly become sick again and might need to be hospitalized again. They just want the money on the 1st of every month. This is discrimination because the only times they filed notices to terminate my lease early was either while I was in the hospital or just after I have been discharged. How much more obvious do you need it.

7. Besides doing all my specials to show my true appreciation for all those that have spent time with me, because it is these people that allow me to pay my bills, pay for my medication, pay for my therapy sessions and live my life, but I also did all these specials in the last few months because I needed alot more bookings and money. From once having my work schedule at Monday - Friday from 12:00PM - 9:00PM, it became insane for 3 months at Monday - Sunday from 12:00PM - 12:00AM & also scheduled full time with an Outcall Agency as well. 2 FULL TIME jobs.

8. The management was getting money from me everyweek over the last few months (sometimes twice a week) $400 here, $200 there, etc. whatever I could afford based on how many bookings I had that week. Some weeks were so slow that the amount was little, some weeks were busier so the amount was more and one week there was not even 1 booking and I could not give them a dime. At that moment the payment plan contract that was made between the management/tribunal/me was broken from my side. Not because I didn't want to pay it, I COULDN'T. At that moment they filed because I missed a payment and the contract was broken and I was issued an eviction notice to be out of my unit on March 26, 2005, 2 days before my birthday. Let me say it was a wonderful birthday.








All the best,
Annessa
xoxo

 

[Bobzilla]

5. One of the many comments I read by Bobzilla, specifically "You can't have your cake and eat it to." no shit, really? I didn't know that.

Perhaps you'd be so good as to quote precisely where I said this.

I tried to extend you some respect, but you have totally missed the point.

 

[Bobzilla]

6. I'm not asking or was asking for special treatment, as we all have our own battles, what I was asking for (from the management/tribunal) was time to allow me to catch-up with my rent just like I did the other 2 times.

That is the very definition of special treatment. Your tenancy agreement states that rent is to be paid on the first. They are under no obligation to do what you're expecting.

 

[Svend]

It sounds like you're able to handle things rationally.
In my view, you have 3 problems that you allowed to interfere with each other.

One, you feel you've overpaid and there could even be fraud. You need help with a tenant lawyer, they'll let you know if the police should be involved.

Two, you haven't paid rent. You can't do this, even if you have issues with the landlord.

Three, you seem to be getting help handling your mental problems, that's fantastic, but don't expect any sympathy from a corporation.

Take care, Annessa.

 

[KBear]

Did not notice anyone saying that you did not want to pay your rent, but may have breezed over that.

The management in this building has you on a really short leash, and it is going to get much shorter. Why do you not want to move, and start fresh somewhere else? Why prolong a fight that is not going to end at your current location?

Good Luck

 

[The Scholar]

Annessa,

I am puzzled by your recent response. You state that you were served with an eviction notice to be out by March 26, 2005. Is this the date that is confirmed as the date you must vacate your tenancy in the Order?

If so, then the Landlord can file such an Order with the Sheriff at any time and proceed to remove you from the premises.

You also mention trying to obtain a stay of this Order. It is not a complicated process. I am surprised that you do not have it by now. It can be done rather quickly. $75.00 and a properly worded Request to Review an Order would get the ball rolling.

If you have any questions, feel free to pm me.

Regards.

 

[The Scholar]

That is the very definition of special treatment. Your tenancy agreement states that rent is to be paid on the first. They are under no obligation to do what you're expecting.

This is very true. Tribunal members rarely will entertain pleas for an understanding in being unable to pay rent. The reason for this is simple: a lease is a contract. If the terms of the contract are not fulfilled, then you have a breach of contract.

Regards.