Landlord/tenant rights, dealing with problems, where to get help...
Tenant Filed Form T5 - Bad Faith
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February1986 Posts: 1
Posted On: 2/22/2018
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Hi All,
My former tenants filed form T5, that I evicted them in bad faith and they believe it was due to the the new rules that took effect on September 1,2 2017.
I had absolutely no idea of these rules coming into effect.
Coincidentally, my eviction notice had an eviction date of September 1 2017 (I gave them the notice in June 2017).
Why I evicted? I wanted to live on my own.
I didn't end up "living" there until mid September as I had to purchase & assemble furniture, so I was very absent until I had a bed there.
Anyway, fast forward some time and I realize that this condo is too small and too far. I entered into a relationship, which got serious, and my one bedroom condo is too small for the both of us.
Additionally, my dad's health was declining at a rapid pace (still is!) and I found myself going back and forth a lot. My condo is near the hospital he gets treatments & has weekly appointments, so I found myself to be absent from my condo a couple days per week.
I put the condo up for sale 5 months after I moved in.
A week after, I receive a notice from former tenants re: bad faith.
Their lease ended July 1, so no lease was broken and I gave them August 2017 rent free.
They WERE very good tenants, always paid on time, etc & never a complaint about them.
Evidently they moved across the hall from me and have been watching me claiming I am only there once a week. Not only have I never seen them, but I am a little disturbed that I am being watched. I also get home late so no one will see me enter past midnight.
I changed all my addresses: CRA, Drivers License, insurance, work, etc and loved living there. Why would I go through all that trouble (as well as pay for furniture) if I didn't intend on living there?
They're asking for an abatement of rent for 12 months as well as 4 months to cover the stress and loss of wages due to this move.
Any comments or help?
Thanks
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Moderator Moderator Posts: 4075
Posted On: 2/22/2018
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
It is best to contact the Landlord's Self-Help Centre directly for some additional information specific to your situation. The Landlord's Self-Help Centre is a non-profit community legal clinic which supports Ontario's small-scale landlord community exclusively.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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DonaldSwett Posts: 1
Posted On: 3/6/2018
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True, I agree!!
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August2018 Posts: 1
Posted On: 9/12/2018
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Hi February1986,
I have a similar situation where I have been served notice but tenant moved out before the new law came into effect. Very similar circumstances to yours. Curious to know what was the result of your case. Were are fines levied on you? For what it’s worth, I sympathize with your case.
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