How would you take it? 🤔

[FrankenStrat]

I need of good reliable legal representation. Got a tenant in my base. Want to use that space for my own family now. Kids got big. Wanna put them there. Filled out the forms to remove the tenant, but they don't want to go. Have a hearing coming up.
Friend of loooooong time is married to someone who's a lawyer. Same friend's partner's sibling is real estate lawyer. We've known my friend's partner and partner's siblings for some time now. We've all gotten together numerous times with our kids at each other's homes for years. Go away together. Give things to each other for our kids all the time.
The thing we find troubling is that they know our situation. They know that we're dealing with a basket case in the basement. They know that we want to put our teens in the basement (not rent it out), know that how important it is to make sure we have a good lawyer (heard one on AM640 few weeks ago talking about the same situation we're in. Said he had clients in the same boat. Just want their basements back for their own family. They have no intention to rent it out...talking about how he fights to represent them. Said all the right things. I did a one month hunt to get his contact info from the AM640 host of that show.. only to find reviews mentioning how he'd been disbarred and other issues few years ago.) but offer ZERO help.
Called the number for landlords looking for info and was told by the law clerk that they cannot refer a lawyer nor can they represent us, even though this person really wanted to. She did say that the law society can maybe refer us to a good lawyer. The thing is my friend's partner closed down their own successful practice about 5 year ago and now works for the law society.
Friend asks me periodically how things are going with the basement. I tell them everything, but nothing....
Could it be that my friend's partner doesn't want to refer anybody because they think that we will blame them if things don't work out? I'm thinking that's all it could be. That's what I want to believe. I can kind of understand that. Ppl are reluctant to get involved when friends or family are involved because it could potentially hurt the friendship if things go south.
How would u interpret the unwillingness to offer any assistance. We have kind of asked my friend's partner one or two questions early on into this and we were kind of taken aback at their very vague and limited answer, so didn't push or bring it up again.

 

[Massivo]

I need of good reliable legal representation. Got a tenant in my base. Want to use that space for my own family now. Kids got big. Wanna put them there. Filled out the forms to remove the tenant, but they don't want to go. Have a hearing coming up.
Friend of loooooong time is married to someone who's a lawyer. Same friend's partner's sibling is real estate lawyer. We've known my friend's partner and partner's siblings for some time now. We've all gotten together numerous times with our kids at each other's homes for years. Go away together. Give things to each other for our kids all the time.
The thing we find troubling is that they know our situation. They know that we're dealing with a basket case in the basement. They know that we want to put our teens in the basement (not rent it out), know that how important it is to make sure we have a good lawyer (heard one on AM640 few weeks ago talking about the same situation we're in. Said he had clients in the same boat. Just want their basements back for their own family. They have no intention to rent it out...talking about how he fights to represent them. Said all the right things. I did a one month hunt to get his contact info from the AM640 host of that show.. only to find reviews mentioning how he'd been disbarred and other issues few years ago.) but offer ZERO help.
Called the number for landlords looking for info and was told by the law clerk that they cannot refer a lawyer nor can they represent us, even though this person really wanted to. She did say that the law society can maybe refer us to a good lawyer. The thing is my friend's partner closed down their own successful practice about 5 year ago and now works for the law society.
Friend asks me periodically how things are going with the basement. I tell them everything, but nothing....
Could it be that my friend's partner doesn't want to refer anybody because they think that we will blame them if things don't work out? I'm thinking that's all it could be. That's what I want to believe. I can kind of understand that. Ppl are reluctant to get involved when friends or family are involved because it could potentially hurt the friendship if things go south.
How would u interpret the unwillingness to offer any assistance. We have kind of asked my friend's partner one or two questions early on into this and we were kind of taken aback at their very vague and limited answer, so didn't push or bring it up again.

My two cents...I think your instincts are right as to why they want to limit their involvement...

 

[Spunky1]

From personal experience with lawyers and Dr.s in the extended circle of family and friends,they Hate/won’/can’t give out advice outside of billable office hours to non clients.
I was at a wedding sitting next to a lawyer and his wife and people would come over to say hi , make some small talk and sneak a question in trying to get some free legal advice on an issue. Annoying. He’d just deflect them kindly like “Call the office or you‘ll need so and so expert for that”
We were having a great conversation about cars, sushi restaurants and when his wife wasn’t around bridesmaids we’d fuck .

 

[xmontrealer]

Have to say that when I was in the financial business I would not accept requests from family or friends to handle their accounts, as if I did not meet their investment growth expectations, real or imagined, I knew it would negatively affect our relationships.

 

[Ponderling]

Sounds like a time to dam off the bottom trim in a main floor bathroom with caulking.

Then carefully fold a towel across the door way.

Then find a way that the toilet periodically can overflow.

So that water can work its way down the heating duct in the floor

And start dripping onto the tenants on the floor below.

 

[K Douglas]

I think its best to find a lawyer who's completely independent of the situation. I get that "if you can't trust your friends who can you trust" mentality but as they say best to not mix business with pleasure. It may cost you more $ in the end but I think your case is solid and you should succeed in court. You're well within your rights as a landlord to remove tenants in order to use the space personally.

 

[massman]

Don’t mix business and friendship. Besides, off the cuff verbal legal advice, just like medical advice, is not worth the paper it is printed on.

 

[angrymime666]

I thought it was pretty straight forward when it comes to family moving into a unit. serve the papers. sometimes you may have to go to the ltb. it will be your word against theirs. as long as its being possessed by family and you dont re rent it for under a year you wont face any fines or problem.

perhaps you should try calling a property management company and ask who they use for managing their ltb issues. usually its a paralegal that deals with ltb.

 

[xix]

I thought it was pretty straight forward when it comes to family moving into a unit. serve the papers. sometimes you may have to go to the ltb. it will be your word against theirs. as long as its being possessed by family and you dont re rent it for under a year you wont face any fines or problem.

perhaps you should try calling a property management company and ask who they use for managing their ltb issues. usually its a paralegal that deals with ltb.

AM is correct.
LTB has a 8 month waiting period.

 

[IM469]

AM is correct.
LTB has a 8 month waiting period.

I assume that you have correctly filled out and served an N12 notice (the landlord requires the rental unit for their own personal use). You should realize that while your intentions may be legit, there is a history of horror stories regarding landlord abuse of the N12 that probably makes these N12's very messy.

My experience: I had a monthly rental of a house that was bought by a developer who wanted to demolish the house and build two houses on the large lot that it was on. I was legally allowed 90 days from notice but the developers wanted me out quicker and provided me with an N12. They were Italian and watched too many movies as one came over and told my son that if we were not out soon, the power and heat would be cut off. We would be out on the street shivering before Christmas. I did check and they did try to schedule to cut the power so I had LTB call them to tell them if they did it, they would have to reconnect and face a fine. The crazy thing is that I'm a good guy and we could have worked out a reasonable move date. I just need time to relocate.

i did my homework and discovered that the N12 was incorrectly filled out and I pulled their requests for demolition & rezoning which proved the intent of the N12 was false. They could face heavy fines and I could hit them up for a large cash settlement.. Faced with this I was able to get an agreement that I would move out as soon as I found a place. They agreed to pay $5 K plus $2k for moving costs.

As long as your kids stay in your premises for the full year, you are in your rights but with the log jam in LTB, it might be worth your while to try to negotiate with your existing tenants. They have moving expenses and need a place to move. You could acknowledge this and ask them if there is anything you can do help. At least it is a dialogue and maybe you can get your final solution faster than waiting for the long legal battle to end.

 

[Ceiling Cat]

My opinion of rental tribunals is that they are biased against the landlord and will always favor the renter. I will give you a quick example, A tenant packs up 6 months before her lease is up and skips, I take her to the rental tribunal and they award me 3 months of the 6 months owed. How is that fair? ( less than 6 months after that she lost her cushy lower management corporate job. This may have happened from some form of divine justice ............or, maybe something else. )

Could it be that this lawyer you know that works for the law society knows that these cases are unwinnable for the property owner. It may be a case where if you win you lose, and if you lose you lose big.

I have heard of horrific cases where the landlord lost, time and money and was so desperate that they had to forgive rent owed, pay the tenant for time to look for a new place. pay moving expenses and rent on the new place for the remaining time on the lease. That is why I no longer want to deal with rental property.

 

[Dirkpit]

Is it going to cost you $5000 for a lawyer and a lot of stress? I suggest you go to the bank… get a bunch of hundred dollar bills. Go see your renters and offer to pay them the be out by end of week/month. Just hold the cash till they are actually out!!!

 

[Ceiling Cat]

Is it going to cost you $5000 for a lawyer and a lot of stress? I suggest you go to the bank… get a bunch of hundred dollar bills. Go see your renters and offer to pay them the be out by end of week/month. Just hold the cash till they are actually out!!!

If you win you can sue the tenant for all cost including the cost of a lawyer. Good luck in collecting.