So now I'm being sued thanks to you know who!
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Thread Starter
Join Date: Aug 2012
Location: Alberta, Canada
Posts: 26
So now I'm being sued thanks to you know who!
Just found out today that I'm being sued by my landlord for unpaid rent since July...yes, my name was on the lease when we moved in together back in February.
My exabf decided to stop paying rent a couple of months ago (he made a considerable amount more than me at the time so I would never be able to afford it by myself) because he didn't like the landlord (accused him of sneaking in the house when we weren't around, alll that fun stuff. The place turned out to be an illegal suite, as in he hasn't had it registered with the city).
Now on Tuesday and Wednesday when he tried to coax me to come over just to "talk", he now says it's because I got served with court papers. Well WTF didn't you say that in the first place? This is what I mean, it's always a mind-reading game with him. Then he proceeds to complain that I'm not a nice person and I wasn't the "girl he fell in love with" (Well you aren't the man I fell in love with either!) because I told him that he keeps causing problems for me.
I settled down with the idea that I would pay my half through payment arrangements because I'm not risking losing my new job over having to go to court and personally, I am not a squatter but he argued and said he doesn't want to pay for anything and asked if I could make an affidavit to declare what's going on between us and the landlord so he could just take that to court because if I don't show up "we" automatically lose and he has to pay his part of the rent. Oh boo hoo.
Ah, the drama never ends does it? I always feel like it's me against the world.
My exabf decided to stop paying rent a couple of months ago (he made a considerable amount more than me at the time so I would never be able to afford it by myself) because he didn't like the landlord (accused him of sneaking in the house when we weren't around, alll that fun stuff. The place turned out to be an illegal suite, as in he hasn't had it registered with the city).
Now on Tuesday and Wednesday when he tried to coax me to come over just to "talk", he now says it's because I got served with court papers. Well WTF didn't you say that in the first place? This is what I mean, it's always a mind-reading game with him. Then he proceeds to complain that I'm not a nice person and I wasn't the "girl he fell in love with" (Well you aren't the man I fell in love with either!) because I told him that he keeps causing problems for me.
I settled down with the idea that I would pay my half through payment arrangements because I'm not risking losing my new job over having to go to court and personally, I am not a squatter but he argued and said he doesn't want to pay for anything and asked if I could make an affidavit to declare what's going on between us and the landlord so he could just take that to court because if I don't show up "we" automatically lose and he has to pay his part of the rent. Oh boo hoo.
Ah, the drama never ends does it? I always feel like it's me against the world.
Member
Join Date: Feb 2011
Location: Up and onwards... :)
Posts: 274
Solong... This sounds so stressful for you. Well, I'm not going to say and black and white answers because nothing ever is but the biggest thing that has glared out at me is this:
It's an ILLEGAL SUITE. So by law, this person should not have been renting it out in the first place and thus wouldn't your rental agreement be null and void? I have a sneaky feeling it's just a bullying tactic to try to get cash out of you. I would go and speak to someone about this. In Canada, we have the Residential Tenancy Act and there are people to help out with stuff like this.
I am not the type of person to just "bend over" when someone tells me something --- for example a few years ago - the temp agency I was working for overpaid me for 8 months and then came back and said that I owed them $10k!! I told them to take a hike... That it was the responsibility of their accounting dept to catch it - not me. I never was in question over my pay ... anyway - they sent me a letter - legal blah blah blah and again I said for them to go ahead and just try it. I called their bluff and they backed off. A few others were in my boat but they never questioned it. They just paid it back because they were too scared to rock the boat.
I know it's a different situation but it comes down to if it's LEGAL for what this person is doing --- doesn't sound like it is.
Hugs to you!!
It's an ILLEGAL SUITE. So by law, this person should not have been renting it out in the first place and thus wouldn't your rental agreement be null and void? I have a sneaky feeling it's just a bullying tactic to try to get cash out of you. I would go and speak to someone about this. In Canada, we have the Residential Tenancy Act and there are people to help out with stuff like this.
I am not the type of person to just "bend over" when someone tells me something --- for example a few years ago - the temp agency I was working for overpaid me for 8 months and then came back and said that I owed them $10k!! I told them to take a hike... That it was the responsibility of their accounting dept to catch it - not me. I never was in question over my pay ... anyway - they sent me a letter - legal blah blah blah and again I said for them to go ahead and just try it. I called their bluff and they backed off. A few others were in my boat but they never questioned it. They just paid it back because they were too scared to rock the boat.
I know it's a different situation but it comes down to if it's LEGAL for what this person is doing --- doesn't sound like it is.
Hugs to you!!
Nature Girl
Join Date: Mar 2002
Location: By The Lake
Posts: 60,328
To be safe and to know what your rights are under the circumstances, it might be wise to see a lawyer. Laws vary from place to place and the person to ask about the laws where you are is a lawyer.
I hope you can find a way to work through this, it sounds like you have come so far and it's a shame to slide back now.
Hugs
I hope you can find a way to work through this, it sounds like you have come so far and it's a shame to slide back now.
Hugs
Member
Thread Starter
Join Date: Aug 2012
Location: Alberta, Canada
Posts: 26
cynical_one: No, I didn't submit an address change to my landlord. I just left, and I think he would have noticed because the car isn't there anymore. So I guess the papers came to that address, we were both "served" because both our names were on the lease, I didn't get one just for me personally.
CanfixONLYme: That's what I thought too. I looked online about Alberta law (for illegal suites) and I had a hard time finding anything useful. I'm guessing you are right though about a lease not even being valid, but I don't know if he can sue for unpaid rent.
Thanks everyone. I just got a message a few hours ago and he wrote that a technician came by and said that the place has not been properly inspected and gave him a report. I guess he's going to use that as evidence against him, whatever. I told him I wasn't writing any affidavit or letter.
CanfixONLYme: That's what I thought too. I looked online about Alberta law (for illegal suites) and I had a hard time finding anything useful. I'm guessing you are right though about a lease not even being valid, but I don't know if he can sue for unpaid rent.
Thanks everyone. I just got a message a few hours ago and he wrote that a technician came by and said that the place has not been properly inspected and gave him a report. I guess he's going to use that as evidence against him, whatever. I told him I wasn't writing any affidavit or letter.
Member
Join Date: Sep 2012
Posts: 178
Does your ex still live there?
If so I imagine the landlord doesn't have the choice to sue you guys, not only for the back rent but to end the tenancy and get him out!! I imagine the tenancy has to be legally terminated in order for him to hire a bailiff and remove your ex.
A bailiff and moving company is quite expensive in my experience, plus I know in BC you actually can't throw the tenants stuff out, you have to put it in storage and pay for the first 30 days.Is there any way you can help your landlord get your ex out of there? It might help you out.
I am not sure about how this work in Alberta, why your ex is even still there (if he is). In BC I think an eviction can be pretty quick.
If so I imagine the landlord doesn't have the choice to sue you guys, not only for the back rent but to end the tenancy and get him out!! I imagine the tenancy has to be legally terminated in order for him to hire a bailiff and remove your ex.
A bailiff and moving company is quite expensive in my experience, plus I know in BC you actually can't throw the tenants stuff out, you have to put it in storage and pay for the first 30 days.Is there any way you can help your landlord get your ex out of there? It might help you out.
I am not sure about how this work in Alberta, why your ex is even still there (if he is). In BC I think an eviction can be pretty quick.
Member
Join Date: Feb 2011
Location: Up and onwards... :)
Posts: 274
K - I see you're Canadian 
that's good. Again, I have to stress, as I see it, a suite that's "illegal" should raise some red flags esp. If the zoning hasn't been approved by the city. If the zoning isn't approved, this person is more than likely not declaring the income from said suite because then they would have to 1) pay a fine for this and 2) pay extra taxes for
Property insurances
I just can't see this person taking you to court over back rent because it would put his/her business dealings on the property to light which would not be good for them at all...
that's good. Again, I have to stress, as I see it, a suite that's "illegal" should raise some red flags esp. If the zoning hasn't been approved by the city. If the zoning isn't approved, this person is more than likely not declaring the income from said suite because then they would have to 1) pay a fine for this and 2) pay extra taxes forProperty insurances
I just can't see this person taking you to court over back rent because it would put his/her business dealings on the property to light which would not be good for them at all...
Member
Join Date: Feb 2011
Location: Up and onwards... :)
Posts: 274
Ps - I found this article online from 2009
Secondary Suites Are A Great Solution To Affordable Unit Problems... [Archive] - SkyscraperPage Forum
Not sure if the rules have changed in Alberta since then but this blurb caught my interest:
"The city has shut down 2,104 "illegal" secondary suites because of bylaw non-compliance -- not safety codes of any sort -- since 2004, its own statistics show."
Key words: bylaw non-compliance
Again - not sure if the laws have laxed since then but worth looking into! Also to do a background check on the papers "served" - made by the landlord? Another red flag possibly...
Secondary Suites Are A Great Solution To Affordable Unit Problems... [Archive] - SkyscraperPage Forum
Not sure if the rules have changed in Alberta since then but this blurb caught my interest:
"The city has shut down 2,104 "illegal" secondary suites because of bylaw non-compliance -- not safety codes of any sort -- since 2004, its own statistics show."
Key words: bylaw non-compliance
Again - not sure if the laws have laxed since then but worth looking into! Also to do a background check on the papers "served" - made by the landlord? Another red flag possibly...
Nature Girl
Join Date: Mar 2002
Location: By The Lake
Posts: 60,328
This may help you figure out your rights and how to proceed...keep in mind that my first recommendation is to see a lawyer.
His renting space that is not legally a registered rental space, may have nothing to do with your agreement with him to live in his place for a fee, similar to having a roommate agreement.
A lawyer could sort this out for you quickly. Or perhaps call one of the numbers on the attached and maybe that will help.
Service Alberta:
His renting space that is not legally a registered rental space, may have nothing to do with your agreement with him to live in his place for a fee, similar to having a roommate agreement.
A lawyer could sort this out for you quickly. Or perhaps call one of the numbers on the attached and maybe that will help.
Service Alberta:
Member
Join Date: Jul 2012
Location: USA
Posts: 398
Do you all have any types of legal assistance organizations that could help you free of charge or at a reduced rate? I definitely think you should see an attorney.
I obviously don't know the law in your country, but in the US, people can be jointly and severably liable. If that's the case where you are, you could be on the hook for everything and/or half.
I obviously don't know the law in your country, but in the US, people can be jointly and severably liable. If that's the case where you are, you could be on the hook for everything and/or half.
Last edited by Faithlove; 10-14-2012 at 07:34 AM. Reason: Add more
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