my landlord took my girlfriends money and won't let her move in

PornAddict

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How to Detect—and Avoid—Rental Scams
JUNE 16, 2015 BY ZEE J LEAVE A COMMENT

http://delrentals.com/blog/detect-avoid-rental-scams/
Rental Scams

Rental vacancy rates in Toronto are low—and even lower for Toronto condominiums, where just 1.2% of units are ready to be someone’s new home. With the urge to jump on that excellent rental before someone else snags it away comes an unfortunate side effect: a rise in rental apartment and condominium scams. Here’s how to sniff them out and not get taken in by those questionable folks who’d rather take your money and leave you hanging on moving day.

Know Your Average Rents

Any scam requires bait, and a rental rate that’s too good to be true is your first—and major—red flag. There’s such thing as an absolute steal when it comes to renting in Toronto, but if someone’s offering a downtown one-bedroom for three-quarters the cost of every single one of its neighbours, unfortunately it’s more likely that something doesn’t add up.

Once you decide which neighbourhood you’re looking to settle into, look at a few sets of rental listings as well as news articles to get a sense of what the average condo in that area rents for. It’ll not only help you pick your neighbourhood and budget well, but that’s the knowledge that can most easily keep you from getting drawn into a rental scam.

The Invisible Condominium Problem (or Landlord, or Lease)…

So you’re all set to see this condo unit, but there’s one problem: The landlord doesn’t live in town—the classic phrase is “I’m a business person who travels abroad”—and only wants to communicate by email. There’s nobody local to show you the place. Or your prospective landlord has met you outside for a showing—but doesn’t want to show you around inside.

All these flags? They spell trouble.

Yes, they might have pictures. But in a 2014 scam which hit renters from Toronto to Vancouver, in which the fake landlord sent pictures of the inside of a third-floor condominium unit—but the catch was, units at that address started on the fifth floor. Photos of a unit can be lifted easily from real estate listings or plainly faked. One quick way to check if those photos are legit is to run a Google image search to see if those photos show up anywhere they don’t belong—like on a real estate site, or rental listings for multiple other addresses. If so, you’ve just found a scam artist, not a landlord.

On the whole, if the potential landlord gets a little too nervous about letting you inside the property, makes excuses to avoid it, or cancels viewings without explanation, it’s quite possible that the front of this building is exactly that, a front, and they don’t own this space at all.

Make sure, whenever you’re renting a unit, you physically see the inside of that unit—or if you’re renting a property from out of the city to move into for work or school, have a trusted friend or colleague check it out in person, or look into hiring a reputable rental agency to be your eyes on the ground and pre-clear any property before you consider it.

Lease First, Payments to the Back

Beware—strongly—of anyone who wants you to write a cheque—or especially wire or pay cash—for a first and last month’s rent without having signed a paper lease. It’s never, ever a good idea to put down money for any upfront deposit before the lease is signed.

If you feel like your prospective landlord is pushing for money upfront, or if they say those magic words—”We don’t need a lease”—pick up and get right out of there.

Furthermore, if you’re being asked to wire money—which is less recoverable than cheques, especially when sending overseas—that’s a significant red flag. While it’s true that many Toronto condominium rental units are owned by overseas investors, landlords who are business-minded enough to keep a rental condo in another country are also business-minded enough to hire a management or leasing company locally to manage it, and there should be a manager or agent available in the city.

Professionalism is key

It’s the inconsistencies that sometimes can mark someone who’s not so much renting a condominium but playing a part. Does the email address that writes back to you match the name of the contact? Do your contacts with this landlord come from multiple email addresses?

Likewise, while “I’m a travelling business person” is the standard for apartment scams, does this person act the part of who they claim to be? Are they asking you for references, a credit check, letters of employment, and the other tools they could use to make sure you’re a good tenant? If they’re a little too eager to skip the steps that protect a landlord from bad tenants, they might not be interested in having you as a tenant at all—just in your deposit.

Further, if a landlord solicits extra personal information—”Tell me about yourself, so I can decide if you’re the kind of person I want to rent to!”—but don’t want to give information back, be careful: that’s more a rhetorical tactic than a question, designed to create a situation where you’ll worry about being the kind of person who can get this condo unit—and not ask the hard questions of the prospective landlord.

Ask Questions. Lots.

As always, when looking at a potential home, more questions—and more detailed questions—are your friend. Ask about the landlord, their plans for the property, its history, the rent and utilities; anything you’d normally ask.

If anything about the process feels rushed, off, or gives you an uneasy feeling—wait. And ask the landlord for an extra day or two.

If your prospective landlord gets a little weird and evasive—or a lot weird and evasive—when you ask questions about leases or proper legal procedure, or if they can’t quite answer questions about the area, the property, or their plans in concrete detail, check out all the rest of the signs of a scam and see if they add up. Most people aren’t actually built to lie happily or well (it’s science!) and the best-laid con game can fall apart because human beings, as always, are only human.



So, if you’ve run into a rental scam, what to do? Report, report, report. Drop a line to the Canadian Anti-Fraud Centre, file a report, and help make sure nobody else gets caught in this particular trap.

Stay smart, and happy renting!
 

black booty lover

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Oct 21, 2007
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For others here this is what I meant by don't use "self help."
I just lost my virtual temper and posted out of frustration. Probably breaking down doors isn't the right thing to do, but if she signed a tenant agreement/lease, she might legally able to get a lock smith to and do what Fuji said. If this clown is in fact the landlord, threating him your gonna do something like that might get him to give the money back. I had to sign a tenant agreement/lease for my apartment a month before I moved in, along with first and last. Then again, if this is a scam, and sounds like it is, he wouldn't have her sign one knowing it would give her leverage.
 

franci

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Aug 15, 2013
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I'm confused by your title. You start with "My landlord" Are you living in the building? Also, why would she handover money without a signed lease in her hand?
 

GPIDEAL

Prolific User
Jun 27, 2010
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If the landlord has a legitimate gripe about the fence, they should deal with that in small claims court. Not by deceiving a prospective tenant into handing over first and last month's rent. Totally out of line.

It's amazing what can be accomplished with a strongly worded letter from a lawyer. Tell your girlfriend she can give me a call or text anytime at 647-360-7182.
Indeed!
 

Smallcock

Active member
Jun 5, 2009
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I'm confused by your title. You start with "My landlord" Are you living in the building? Also, why would she handover money without a signed lease in her hand?
The OP hasn't chimed in since posting. I'm guessing he realized his girlfriend fucked up with giving money without a lease and not knowing the identity of the person she gave the money to.

Sure that'd make it a criminal matter, but good luck recouping your money.
 

TeeJay

Well-known member
Jun 20, 2011
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Can a lease be revoked before the tenant moves in if it's been signed and the rent has been paid?.
There is no lease
The elements are not present for a legal contract
(Consideration was paid, but if landlord never gave her keys and she never started her tenancy there is no tenancy)
 

fuji

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Jan 31, 2005
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There is no lease
The elements are not present for a legal contract
(Consideration was paid, but if landlord never gave her keys and she never started her tenancy there is no tenancy)
There are certainly all the elements required for a valid and enforceable legal contract. I don't know whether there's some special rule that makes it different for real estate but the lease is a valid contract and the landlord is in breach of it.

Presumably at a minimum the tenant can sue for the additional moving costs, storage costs, hotel costs, that were incurred due to the landlord breaching it.

But whether they also allows the tenant to move in or whether the tenant can only sue I don't know.

The landlord seems to be on the wrong side of the law in a bad way and should prepare to be legally fucked assuming we're getting the whole story here.
 

Phil C. McNasty

Go Jays Go
Dec 27, 2010
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I would have taken your money too
 

Phil C. McNasty

Go Jays Go
Dec 27, 2010
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I'm just kidding.....LOL
 

KBear

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Aug 17, 2001
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First thing is to find out who owns the property, and if your girlfriend was scammed. Knock on the neighbours door and ask if they know anything, who owns the rental property. Do a google search on the address. Have a real estate agent friend look up the property's owner. See if the property is listed on Air B&B, etc.
 

TeeJay

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Jun 20, 2011
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There are certainly all the elements required for a valid and enforceable legal contract.
If landlord never gave her keys (or even access to property after lease was signed) there is no contract

To expand on this scenario one step further; I list my home for sale
Put price of 1 million dollars
You walk up and hand me 1 million dollars
I walk away
You are SOL

This is the reason all your Realtor papers (for lease or sale) are signed UNDER SEAL
Even a non-Realtor should know this

I am sure you could try and sue me after the fact but judge will tell you contract never came into force (although despite there being no contract I would also expect you to ultimately win assuming you make the correct argument)
 

KBear

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If landlord never gave her keys (or even access to property after lease was signed) there is no contract

To expand on this scenario one step further; I list my home for sale
Transferring ownership on property is much different than renting a room or property, different rules.

No written lease--Am I in trouble?
http://ontariolandlordandtenantlaw.blogspot.ca/2012/11/no-written-lease-am-i-in-trouble.html

The fact is, in Ontario, a tenant has all of the protection of the Residential Tenancies Act even if there is no written lease. At law, a residential lease between a landlord and tenant may be written, oral, or implied.

A lease would be helpful if she was to go to court, but we have not heard back from the OP to know what is really going on.

Should add, the "UNDER SEAL" has nothing to do with making the documents more official. The seal on a contract is used in place of consideration.
 

fuji

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Jan 31, 2005
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If landlord never gave her keys (or even access to property after lease was signed) there is no contract

To expand on this scenario one step further; I list my home for sale
Put price of 1 million dollars
You walk up and hand me 1 million dollars
I walk away
You are SOL

This is the reason all your Realtor papers (for lease or sale) are signed UNDER SEAL
Even a non-Realtor should know this

I am sure you could try and sue me after the fact but judge will tell you contract never came into force (although despite there being no contract I would also expect you to ultimately win assuming you make the correct argument)
Untrue, there is a contract from the moment that they signed the lease and that contract required the landlord to hand over the keys. The landlord is in breach of that contract and can be sued for all the consequences.

I'm assuming there's a lease. If the OP's friend doesn't have a signed lease then they would need to prove the existence of a verbal one. Maybe they can. Maybe they can't. But if there's a lease it's a contract that obliged the landlord to provide access.
 

TeeJay

Well-known member
Jun 20, 2011
8,052
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Untrue, there is a contract from the moment that they signed the lease and that contract required the landlord to hand over the keys.
Nope there is a contract IF he hands over keys

If he defrauds them (as OP suggested) there was never any intent to lease hence no valid contract
 

fuji

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Nope there is a contract IF he hands over keys

If he defrauds them (as OP suggested) there was never any intent to lease hence no valid contract
Wrong.

I don't know if the lease entitles the tenant to change the locks and move in or not, but I do know that a lease is a signed contract.

You have no clue what you are talking about. Hopefully you are not in real estate otherwise your ignorance on this topic is a danger to your clients.
 

TeeJay

Well-known member
Jun 20, 2011
8,052
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No written lease--Am I in trouble?
http://ontariolandlordandtenantlaw.blogspot.ca/2012/11/no-written-lease-am-i-in-trouble.html

The fact is, in Ontario, a tenant has all of the protection of the Residential Tenancies Act even if there is no written lease. At law, a residential lease between a landlord and tenant may be written, oral, or implied.

Should add, the "UNDER SEAL" has nothing to do with making the documents more official. The seal on a contract is used in place of consideration.
You missed the fact that the landlord did NOT actually let her become a tenant
Tenancies act is not applicable
 

TeeJay

Well-known member
Jun 20, 2011
8,052
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west gta
Wrong.

I don't know if the lease entitles the tenant to change the locks and move in or not, but I do know that a lease is a signed contract.

You have no clue what you are talking about. Hopefully you are not in real estate otherwise your ignorance on this topic is a danger to your clients.
Lucky for us you are just an internet lawyer as well
I already pointed out 3 issues the OPs gf would have
 

Samranchoi

Asian Picasso
Jan 11, 2014
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Wrong.

I don't know if the lease entitles the tenant to change the locks and move in or not, but I do know that a lease is a signed contract.

You have no clue what you are talking about. Hopefully you are not in real estate otherwise your ignorance on this topic is a danger to your clients.
Being a landlord, this is what I do when renting to a prospective tenant.

1. They fill out an application with all pertinent information
2. Once I accept them after doing my due diligence, a lease is drawn up between all parties and signed.
3. They provide first and last months rent and I deposit into my account
4. On the tenants possession date, they are provided the keys to the property

I have no idea of the full story between the OP and his landlord but as a landlord, the lease (i.e.; contract) was signed by all parties and the required first and last months rent was provided. On the date of possession, if I do not provide the keys and access to the leased premises, I am in breach of our contract.

The way the OP presented the situation, it appears the landlord has breached the contract agreement by not providing the keys and hence access to the leased premises on the possession date. Instead he is stating that the tenant caused damage to the property and the neighbors property and the funds provided were used to correct the problem. As stated previously, this action by the landlord is wrong. Based upon the OP's thread title, I am assuming that his landlord and the landlord in question are one in the same. It would be interesting to know if Caryma Sa'd was contacted by the OP's girlfriend. Maybe the whole story by the OP is complete BS.

I must say though, when someone lives in their mothers basement their whole life they have no idea what the real world is like.
 
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