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

[Annessa]

Hello,



I don't know how to post this as I have never been in this situation before, so pardon me if I'm not using the proper analigies.
I don't/can't go into to much detail as this situation has severly affected my health.

I had an order issued against me from the management (owners) of one of the building I live in. I called the tribunal and immediately filed an appeal. Thinking with the back-log in the court system I figured my court date would be like 3+ weeks down the road, but instead my court date was set only 5 business days later.
I spend 5 days and late nights in hell preparing myself for court. I had a good feeling that I would win my appeal because with all the evidence I had only a freakin' moron could not see in my favour.
Well.... FUCK ME I get stuck with this 24year-old BIATCH that only asked me 1 question and 5 minutes later the biatch denied my appeal and lifted the appeal on the managements Order. Without allowing me to present any documented evidence, without allowing me to present my 10 page write-up to go along with my evidence. NOTHING!

When I was walking out of the court room crying my eyes out the security guard that was sitting in the back of the room f9ollowed me outside and handed me a Legal Aid Flyer. He said that was the worse persiding he has ever seen and I have a bigger case then imagined and I need to get a lawyer fast and appeal again and lay charges aganist another individual in this matter. I came home Wednesday after court and have been sick ever since.

If there is a lawyer out there (whatever lawyer fits the profile of what I need) that is willing and able to not only save a person's life (I'm very serious, you would be saving someones life) please PM or email, ASAP.

Thank you very much.



P.S: I feel that it is very important that I point out that this has NOTHING to do with work. I became ill and was unable to pay my rent nd fell behind. Again, this has NOTHING to do with work/this industry at all.






Annessa
xoxo

 

[Sabryna Taylor]

If you haven't tried this site....

http://www.torontotenants.org/

They may be able to refer you to a lawyer or the legal help you need. I had to do the tribunal thing once and barely won even though my case was strong and it was a complaint I filed against my landlord.

Good luck!!!
S

 

[ham2004]

go to the court house

Monday morning get yourself down to the court house in your area. Ask to see the lawyer on Duty Council and he will steer you in the right direction.

The courts are you next avenue.. follow through with this.

 

[WhaWhaWha]

...this has NOTHING to do with work. I became ill and was unable to pay my rent and fell behind.

Too bad. If it was related to work you would have a better chance at fighting it. As it stands the tribunal adjudicators have developed a zero tolerance attitude to rent delinquency -- they are seeing so much of it these days.

Not that I want you to sympathize with your landlord at a time like this, but the impact on tenants is nothing compared to the impact on some landlords whose pockets are not deep enough to endure the loss. Indulgent landlords have lost properties due to hard luck cases and slow action from court delays.

For now your best bet is to create as many court delays as you can while you try to improve your situation. You have already prepared copious documentation to support your case.

Good Luck

 

[KBear]

Guessing that the question was, have you paid your rent?

was unable to pay my rent

Think that is all they would have to hear, and it would be over.

It used to be that these matters could be drawn out for many months and cost $1,000s in legal fees, but the system is quite efficient now.

Don’t think a lawyer could do much for you at this point, but it would be interesting to hear if there are still some legal options still available to you. A lawyer will likely want a retainer, in advance.

Have you been ordered to vacate the property?

 

[Svend]

Any eviction notice would be void as soon as you did pay the rent owed.
Would you be able to do this with the help of some friends or family?

I don't know your situation, but I wish you luck.

 

[KBear]

Any eviction notice would be void as soon as you did pay the rent owed.

Dont bet on that. Under the old system that worked to a point, but the new system is different.

Annessa, you have to talk with a person that really knows the system to find out what your options are.

 

[Hotdog]

From the Ontario Rental Housing Tribunal website http://www.orht.gov.on.ca/userfiles/HTML/nts_3_6339_1.html

"Where an eviction order for arrears is issued, the tenant may void the order by paying the amount owing to the landlord or the Tribunal before the date the order becomes enforceable, i.e. the date the order specifies that the Court Enforcement Office (Sheriff) may give possession to the landlord."

 

[Damondean]

The Law Society of Upper Canada has a lawyer referral service. They are at:

http://www.lsuc.on.ca/public/referral_en.jsp

There are legal clinics or even a law student can handle landlord-tennant issues. Any cost is well worth it.

It is not a good idea to go before these tribunals without a lawyer.

 

[Fred Zed]

Dont bet on that. Under the old system that worked to a point, but the new system is different.

If you pay the outstanding rent + landlord's court fee he can't evict you, even under the new system.

 

[n_v]

To avoid or limit the effects on your health don't internalize and don't have doom and gloom thoughts of situations that arise in ones life.

 

[KBear]

If you pay the outstanding rent + landlord's court fee he can't evict you, even under the new system.

We don’t know much about the story, and I cant get onto the http://www.orht.gov.on.ca/ site for some reason, but from memory there is an option where someone can be evicted for being persistently late with rent payments, and it is not a matter of just paying the balance due and all is forgotten. Assuming in this case it is not just a matter of her being a bit late with one payment.

 

[Fred Zed]

We don’t know much about the story, and I cant get onto the http://www.orht.gov.on.ca/ site for some reason, but from memory there is an option where someone can be evicted for being persistently late with rent payments, and it is not a matter of just paying the balance due and all is forgotten. Assuming in this case it is not just a matter of her being a bit late with one payment.

If you pay outstanding rent + landlord court fee before the Sherriff locks you out you can't be evicted, the cops will back you up if someone tries to change lock on you. In the letter informing tenant of the impending eviction the terms will be stated clearly.
A close friend of mine went through this, infact it was the landlord who ended up spending one night in jail for obstructing police.

 

[Cohiba_1]

Hrmmm

"If you pay outstanding rent + landlord court fee before the Sherriff locks you out you can't be evicted, the cops will back you up if someone tries to change lock on you. In the letter informing tenant of the impending eviction the terms will be stated clearly.
A close friend of mine went through this, infact it was the landlord who ended up spending one night in jail for obstructing police."

Agreed but only in the one instance of a late rent payment should the tenant be persistently late. "A default order may be issued by the Tribunal without a hearing if the landlord’s application seeks approval to terminate a tenancy and evict a tenant or occupant for persistent late payment of rent".

The process can take as little as 4 business days if one knows the inner workings of the system.

Best Regards

 

[Bobzilla]

If you pay outstanding rent + landlord court fee before the Sherriff locks you out you can't be evicted, the cops will back you up if someone tries to change lock on you. In the letter informing tenant of the impending eviction the terms will be stated clearly.
A close friend of mine went through this, infact it was the landlord who ended up spending one night in jail for obstructing police.

Once an order is awarded through the tribunal, part of it includes what is called a "per diem", ie. the amount of rent owing per day. This is charged every day until the tenant vacates, so if she's not aware of this and makes only the payment showing on the order, she could still be evicted. Also, once an order is signed, the landlord can pay the sheriff to evict, which can also be charged back to the tenant. So she could pay the rent owing under the order, not pay the sheriff's fee (which these days is around $350!!) & still be evicted. I deal with these orders every day; as someone pointed out above, the system is much more efficient these days in regard to evictions. Annessa, if you need more info, you can PM me if you wish. I wouldn't be ablve to attend the tribunal for you due to the distance, but can maybe give you a bit of advice...

 

[Fred Zed]

Also, once an order is signed, the landlord can pay the sheriff to evict, which can also be charged back to the tenant. So she could pay the rent owing under the order, not pay the sheriff's fee (which these days is around $350!!) & still be evicted.

At the time whe the amount owing according the court order is paid, tenant should get an assurance that the Sheriff will not be called. Or if he has already been called,
the landlord should call the Sherriff and cancel.

 

[KBear]

If you pay outstanding rent + landlord court fee before the Sherriff locks you out you can't be evicted,

This would be an easy solution to a simple problem, but from the sounds of it the problem is not so straight forward. It is unlikely there would be an appeal if the original order was to simply pay the rent. The landlord that evicted your friend was an amateur, in this case the landlord could be a professional.

The landlord can also go after a tenant for damages to the property, if they do occur during a moving day party. The landlord may be able to bill the tenant for a pro rated cost of re-renting the property if the tenant is in the middle of an existing lease.

 

[Fred Zed]

This would be an easy solution to a simple problem, but from the sounds of it the problem is not so straight forward. It is unlikely there would be an appeal if the original order was to simply pay the rent.

Well, if there are other factors the issue becomes complicated. If the issue is simply rent arrears + landlord costs to recover rent owing, then I stand by what I said.

 

[miles@divas]

Why not just move there are so many landlords with vacancies offering deals to get people to move in.

 

[KBear]

If the issue is simply rent arrears + landlord costs to recover rent owing, then I stand by what I said.

and in that case I would agree with you a simple solution for a simple problem.