I told my room mate a month ago that i was moving at the end of this month. we used to be really good friends but had a falling through. The lease is under his name and i'm supposed to be there til the end of oct. But there's no written agreement between us. I paid my first and last when i moved in, but since im moving a month early i didnt give him rent for this month seeing as it is my last month. SO he took it upon himself to change the locks and says he isnt letting me in unless i pay him. our landlord doesnt even have a copy of the new keys. ALL my stuff is locked in there, including my bank card, money etc. and he's threatening to sell my stuff....what the hell am i supposed to do!?! any suggestions??
Need some help
- Thread starter Karma
- Start date
He cant change the locks without giving you a key - You live there - You pay rent. Thats illegal.
He cant sell your stuff - Its yours - Thats theft and also illegal.
You DO NOT need to legally give 2 months notice of leaving.
If he feels you owe him, he would need to sue you.
Call the cops - and get your stuff out ASAP and maybe threaten to sue him for the months rent you paid!
Good luck
He cant sell your stuff - Its yours - Thats theft and also illegal.
You DO NOT need to legally give 2 months notice of leaving.
If he feels you owe him, he would need to sue you.
Call the cops - and get your stuff out ASAP and maybe threaten to sue him for the months rent you paid!
Good luck
Call the freakin COPS
Asking for money is illegal..
Call the cop's, get a peace bond on the dude, get your stuff out of the residence, or have him removed. Strangely enough, the law does work, he can't and shouldn't be allowed to do this to you..
Seriously, its your residence, realisticly, he can't evict you, nor can he change the locks without the Landlord's permission. As a resident of the apartment, (even if you are not on the lease) you can stay until the lease expires.Karma said:
Asking for money is illegal..
Call the cop's, get a peace bond on the dude, get your stuff out of the residence, or have him removed. Strangely enough, the law does work, he can't and shouldn't be allowed to do this to you..
I do not think that this is actually right either. A roommate is not a sublet and the original tenant is not considered the landlord of the roommate.Winston said:
The seizure of the roommates personal belongings could be considered theft, and that is the way I would report it. Would the police respond, hard to say.
Oh, but you are so wrong..
Where does the law state that it is ok restrict access to ones own residence. Get with the program here, they are roommates, equal access to all. In the absence of court papers, she is entitled to access. The cops will at the very least have her permission, and since her property is in the residence, they can enter with her. Lease or no lease, if she can prove she is a resident of that unit, she can gain access, and her proof is her belongings....
Winston said:
Winston said:
Where does the law state that it is ok restrict access to ones own residence. Get with the program here, they are roommates, equal access to all. In the absence of court papers, she is entitled to access. The cops will at the very least have her permission, and since her property is in the residence, they can enter with her. Lease or no lease, if she can prove she is a resident of that unit, she can gain access, and her proof is her belongings....
If you have a legal document (like a phone bill, driver's licence, anything) that proves you live there and he CANNOT bar you from entering without first getting a court order. EOS!
Whether you pay rent or not, it is totally irrelevant. If that is your legal residence then you are entitled to entry unless he gets you evicted LEGALLY.
Call the cops, they will get him to open the door then you move your stuff out. One thing I have noticed about the police these days is they are not always there to enforce the law, they also act as "peace officers".
If we all lived by Winston's advice, common law wives/husbands, girlfriends would have no rights whatsoever unless their name is on a lease which, we all know, is NOT the case.
BTW By law you have 14 days from the first of the month to pay your rent without any notices, hassles or other verbal threats BEFORE he can take any LEGAL action. Then he has to apply for a hearing and if he can prove that you SHOULD have paid rent, then you will be ordered to do so. I used to work right next to the Ontario Housing commission offices and I got the inside scoop on a lot of rules and if you live there, you have rights, lease or not.
Whether you pay rent or not, it is totally irrelevant. If that is your legal residence then you are entitled to entry unless he gets you evicted LEGALLY.
Call the cops, they will get him to open the door then you move your stuff out. One thing I have noticed about the police these days is they are not always there to enforce the law, they also act as "peace officers".
If we all lived by Winston's advice, common law wives/husbands, girlfriends would have no rights whatsoever unless their name is on a lease which, we all know, is NOT the case.
BTW By law you have 14 days from the first of the month to pay your rent without any notices, hassles or other verbal threats BEFORE he can take any LEGAL action. Then he has to apply for a hearing and if he can prove that you SHOULD have paid rent, then you will be ordered to do so. I used to work right next to the Ontario Housing commission offices and I got the inside scoop on a lot of rules and if you live there, you have rights, lease or not.
Try the cops, because they're a free service. If they're satisfied the stuff in question is yours, they may—just may—ensure that you can get it out. But your story and documents better be very good, because they'd be stretching "keeping the peace" pretty far.
There's a TO tentants' Info website and some of the sources on it may be free. Despite the good intentions of those posting here, their free advice (and mine) is worth what you're paying for it and it's a crapshoot who's version's right.
If you're on the lease, that's a deal w/ the landlord, and buddy's in deep shit for changing the locks and keeping you both out. If you're not on the lease, he's still in shit if the landlord hasn't got the access the lease says; be sure the landlord knows the locks have been changed.
But if you're not on the lease, you're some kind of a guest of the lessee/buddy (a 'roommate' being a kind of guest, undefined in the law), and your obligation to pay and his right to seize your stuff in lieu of payment are defined by whatever deal you both agreed to (written or not), and the various laws and legal precedents of the province. You did say:
Get a lawyer.
Likely it'll be cheaper to just pay up and move with buddy's help.
There's a TO tentants' Info website and some of the sources on it may be free. Despite the good intentions of those posting here, their free advice (and mine) is worth what you're paying for it and it's a crapshoot who's version's right.
If you're on the lease, that's a deal w/ the landlord, and buddy's in deep shit for changing the locks and keeping you both out. If you're not on the lease, he's still in shit if the landlord hasn't got the access the lease says; be sure the landlord knows the locks have been changed.
But if you're not on the lease, you're some kind of a guest of the lessee/buddy (a 'roommate' being a kind of guest, undefined in the law), and your obligation to pay and his right to seize your stuff in lieu of payment are defined by whatever deal you both agreed to (written or not), and the various laws and legal precedents of the province. You did say:
which suggests buddy might have some right to think of you as someone trying to do a flit on a 'lease'.
Get a lawyer.
Likely it'll be cheaper to just pay up and move with buddy's help.
So tboy perhaps you can confirm or shoot down my belief that if there is no lease agreement, and the premises are rented from one rent day to the next (month-by-month, say) then the renter must give one rental period's notice (i.e. one month in this case) of their intention to leave. Which would make the rent-due day the last day you could give notice, whether you actually handed over the dough that day or not. If the last month's rent had already been paid in advance, that would be the rule that applied, "I have no cheque today, because I'll be leaving at the end of this month and I have already paid the last month's rent."tboy said:
Don't mean to put you on the spot, just thought you might have picked up that tidbit too.
…later…
Answered my own question here: monthly tenants owe 60 days notice, less than monthly owe 30. Whatever their legal status, it's hard to see why roommates should have a lesser obligation, but I s'pose there's roommates and then there's roommates.
Ok, so lets go extreme here shall we...
Winston, I agree that its difficult to prove something once the locks have been changed. But if the police do get involved, you can bet your ass that the story changes alot.
For many years now, the police, have taken a dim view of being called out to be peace keepers, but by defination they are Peace Officers first and Police Officers second. The fact that she had keys to the apartment, in all likelyhood the former roommate would admit that he restricted her access, and her belongings are still in the apartment. At this point the police would do one of two things.
1. Ask that she be permitted to remove her property and advise the roommate to seek legal advice. Then they would stand by and supervise the removal of her property, to ensure the peace.
2. Advice her to get legal advice and walk away.
No matter which way this goes down, a report will be made, fodder for any legal case that may or may not come about. Also both parties will be run for any outstanding warrants or tickets.. (this is the laughable part, roomy may have a ticket or two unpaid, and while he is arranging payment, she can move out..)
just us unlawyers helping...
Quick and dirty, call the cops..
Winston, I agree that its difficult to prove something once the locks have been changed. But if the police do get involved, you can bet your ass that the story changes alot.
For many years now, the police, have taken a dim view of being called out to be peace keepers, but by defination they are Peace Officers first and Police Officers second. The fact that she had keys to the apartment, in all likelyhood the former roommate would admit that he restricted her access, and her belongings are still in the apartment. At this point the police would do one of two things.
1. Ask that she be permitted to remove her property and advise the roommate to seek legal advice. Then they would stand by and supervise the removal of her property, to ensure the peace.
2. Advice her to get legal advice and walk away.
No matter which way this goes down, a report will be made, fodder for any legal case that may or may not come about. Also both parties will be run for any outstanding warrants or tickets.. (this is the laughable part, roomy may have a ticket or two unpaid, and while he is arranging payment, she can move out..)
just us unlawyers helping...
Quick and dirty, call the cops..
I think you'd be hard put to get the cops to stand by while you move your stuff out; you'd think they have much bigger fish (ie shootings) to fry. However, you could try it...
Personally, I'd go to the landlord. Section 23 (2) of the TPA states that he can't change the locks without the landlord's consent. The landlord could file an L8 form with the Tribunal (Notice to terminate tenancy due to tenant changing locks). I would go to the unit with the landlord & try to convince this guy to let you get your stuff or the landlord will file the L8 application. I think either way, you're better to just pay the guy for October in exchange for getting your stuff.
Although you fit the definition of a tenant under the Act, the problem is, because you're not on the lease, the terms of your tenancy aren't defined anywhere, except in your (and his) memory because it's a verbal agreement.
This is why the quick fix is to pay him so you can get your stuff out.
Personally, I'd go to the landlord. Section 23 (2) of the TPA states that he can't change the locks without the landlord's consent. The landlord could file an L8 form with the Tribunal (Notice to terminate tenancy due to tenant changing locks). I would go to the unit with the landlord & try to convince this guy to let you get your stuff or the landlord will file the L8 application. I think either way, you're better to just pay the guy for October in exchange for getting your stuff.
Although you fit the definition of a tenant under the Act, the problem is, because you're not on the lease, the terms of your tenancy aren't defined anywhere, except in your (and his) memory because it's a verbal agreement.
This is why the quick fix is to pay him so you can get your stuff out.
Thanx for the adivce. I've been trying to figure out what to do all day. I actually did speak to the cops about this. They said the best thing to do is go there and call them when i know he's home and they'll come over and deal with it face to face. I've had to stay out of town for the time being, so it's gonne be a hassle 
As for proof of whether or not i live there in regards to bank cards etc....most of my ID is there...passport, birth cert. etc. And if i find that stuff missing, i will be so pissed!! I don't really have anything to prove that i did live there unless cheques for each months rent counts??? The cop i spoke to on the phone said if i can provide that then it should be enough. I'll have to wait and see. in the mean time i'll check out that site and see what my rights are.
As for proof of whether or not i live there in regards to bank cards etc....most of my ID is there...passport, birth cert. etc. And if i find that stuff missing, i will be so pissed!! I don't really have anything to prove that i did live there unless cheques for each months rent counts??? The cop i spoke to on the phone said if i can provide that then it should be enough. I'll have to wait and see. in the mean time i'll check out that site and see what my rights are.Ham is right. Depends on mood of officier that day, police may side with you the 'female' victim. From other's BF/GF break-up. Especially if you sound de-seperate, no money, id, etc. Remember to play the victim bit. They can ask him for permission to enter premises provide your belonging are withhend. Police just may allow you enough time to get your belonging. Make sure he's there to open door.
I had a pair of Angel & Devil tenants years ago. Different circumstance, both co-sign. The Devil caused so many police complains, she drove away the Angel. There were disputes over rent at the end. Tenant act favours the tenant, we couldn't evict the Devil, unless file legal paper, go to court etc. by then it would've been months later. But could get her name on the database, if anyone does a background check it would be red-flag for future rental or lease.
He has no right to change lock. Owner can file paper force him to change it back or provide key. Depend on lease agreement, he has no right to sub-lease, so Owner may ask for compensation extra utilites with additional occupant. I know my lease stated no sub-leasing. This should put some heat on him but make sure you explore the cops first, as he can be pissed and trash your stuff. Or if you're looking for paid-back after you got your belonging.
I had a pair of Angel & Devil tenants years ago. Different circumstance, both co-sign. The Devil caused so many police complains, she drove away the Angel. There were disputes over rent at the end. Tenant act favours the tenant, we couldn't evict the Devil, unless file legal paper, go to court etc. by then it would've been months later. But could get her name on the database, if anyone does a background check it would be red-flag for future rental or lease.
He has no right to change lock. Owner can file paper force him to change it back or provide key. Depend on lease agreement, he has no right to sub-lease, so Owner may ask for compensation extra utilites with additional occupant. I know my lease stated no sub-leasing. This should put some heat on him but make sure you explore the cops first, as he can be pissed and trash your stuff. Or if you're looking for paid-back after you got your belonging.
He did this to a friend of ours too. Our friend needed a place to stay so he said he could crash on our couch for a while. But then all of a sudden asked him for rent...when it was understood that we were doing him a favour and didnt want rent from him. So my room mate tried to go behind my back and get rent from our friend so he wouldnt have to pay his half of the rent. and since our friend didnt have it my room mate locked him out and refused to give him his stuff. So it's not like he hasnt done stuff like this before
After all that you stayed there? HMMM
Anyhow, I hope you get your stuff back, as said, it might be easier to just pay him the additional month's rent and be done with it.....
Anyhow, I hope you get your stuff back, as said, it might be easier to just pay him the additional month's rent and be done with it.....
