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

[fuji]

You missed the fact that the landlord did NOT actually let her become a tenant
Tenancies act is not applicable

That just doesn't seem remotely likely to be the law. Not all properties even have a key. If you lease a plot of land, there's no key. You simply gain the right to use it as of the date of your lease, so it's HIGHLY IMPLAUSIBLE to me that there's anything in law about a key being significant to the onset of a lease. Rather, it's the landlord has an obligation to hand it over once the tenancy begins--and that tenancy begins at the time appointed in the lease, regardless of whether the landlord fulfills their obligation to hand over the key.

That'd be my expectation but neither of us are real estate lawyers, I believe you're at best merely an agent and your grasp of the law seems weak.

But what I do know for certain is that a lease is a contract, whether or not the tenancy is established, a contract for one absolutely is, and the landlord has breached that contract, and can therefore be sued for any damages resulting from that breach, such as paying any unexpected moving costs or for alternative accommodations (hotel room, etc.)

 

[fuji]

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.

Yup! Exactly.

 

[Aardvark154]

OK, at law, a residential lease or indeed any contract (unless covered by the Statute of Frauds*) may be written, oral, or implied. Typically the more black and white the evidence of the contract the easier it is to prove. An oral contract my be valid, it also may be highly difficult to proved that it exists.





* Contracts covered by the Statute of Frauds must be in writing to be enforceable. These include:

Contracts in consideration of marriage (including prenuptial agreements).

Contracts that cannot be performed within one year (this one is complex).

Contracts for the transfer of an interest in land. (Sale of property, mortgages, and easements)
.
Contracts by the executor of a will to pay a debt of the estate with his own money.

Contracts for the sale of goods (of over a certain value).

Contracts in which one party becomes a surety for another party's debt or obligation.

 

[Mishman527]

Proof: Dashcam

If she had a dashcam, she could prove that nothing was hit

 

[dickydoem]

Yeah, I disagree with the police there. Even if what the guy said is true, she paid her rent. He has no right to take her money, then bar her entry. He may have a right to take last month's rent for damages depending on if that was in the tenancy agreement. If not, he has the right to take her to court for damages. But he still shouldn't be able to deny her entry. Which basically makes what he did theft, as he took her money and gave nothing in return.

If she has proof of payment, I really don't see how the landlord could hope to pull this off.

Sure sounds like fraud to me too. Guess the police are too busy solving the Sherman case.

Check with Toronto Hydro or whoever is responsible for fixing damaged wires and poles in that area and get a statement from them that they did not get a call to that address.

 

[fall]

The way I understand the law (I am a small-scale landlord myself) is: after the rental agreement was made (no mater written or verbal) it is a binding contract. However, the potential tenant is not a tenant yet. On the move-in date the landlord is required to let the tenant in the apartment and only after that the tenancy begins. So, potential tenant cannot simply move in if the landlord does not allow it, but, at the same time, the landlord is required to allow the tenant to move in. Consider a following hypothetical situation:

1) Your lease starts on April 1
2) The existing tenants must move out on March 31
3) However, the existing tenants did not move out and still occupy the premises as on April1.

You cannot simply break in - it is a felony. Moreover, the landlord cannot simply call the police and evict the past tenants: the eviction process is quite long and it should go through the tribunal. So, in this situation two parties are in violation of their contracts: past tenants (who did not leave in time) violate their rental agreement and the landlord (who cannot let you move in) violate the rental agreement with you. In ideal world, past tenants will be evicted withing a few weeks, the landlord will pay for your hotel (or offer you a temporary housing) for this time period and then you move in. After that, past tenants will compensate the landlord for the expense he uncured in order to accommodate you. Unfortunately for landlords, past tenants usually insolvent, so, all the money comes from landlord's own pocket.

So, your GF will definitely get her money back and then some. If the landlord states that he will not let her move in, the best course of action is

1) Insist that landlord honour the rental agreement
2) If he clearly indicates that he will not honour it: find an alternative rental of similar quality and then go to tribunal asking for the return of the original payment, any rent differences between the agreed rent an the rent of the new found rental (if any) for the entire duration of the lease, any cost of temporary housing (hotels) if such housing was require, any additional moving/storage costs.

If, indeed, your GF damaged the property, he will be able to go to the courts and request the compensation for the damages. This is completely separate issue from the tenancy agreement.

 

[Frankfooter]

Is it possible that the 'landlord' just scammed your girlfriend and isn't the landlord at all?
No contract, no invoice, no apartment?

First goal would be to track them down and see if they are the landlord.