HELP PLEASE! Need/Looking For A Lawyer ASAP!!! (P.S)
- Thread starter Annessa
- Start date
Yeah, but if they've already paid the sheriff, that's a lot of $ to be out for nothing!! And let's face it, even though there are bad tenants out there, there's also some slimy landlords who would take advantage of a tenant's ignorance as an excuse to evict them & hike up the rent for the next poor shlub...Fred Zed said:
Hi,
Thank you everyone for your advice, imput, information, etc. *hugs*
This case is not work related which is fine. This is a mental illness case. They are evicting me because I have a severe mental illness that requires medication & theraphy. Sometimes my illness gets so bad that I relapse and I have to admit myself inpatient at CAMH for weeks to restablize myself.
This has happened twice since I lived here and twice I was behind in my rent but did catch-up and pay it off. In January I began to get sick again and they just want me gone because I am not a 'stable person that can pay their rent every month on time'
That is called discrimination, and it's against the law, and there is no way that this company can just throw me away because I am a person with an illness.
1. I've been over-paying for rent and paying for parking which is included in the rent. (tenent ledger is a mess)
2. The current manager has changed/forged documents that are in my file in the managements office. (thank God I have the originals)
3. Both times I was in the hospital I called the management office and said NOT to put my cheque/s through as I already knew they wouldn't clear and I would deal with it once I am released from the hospital. They put through all 3 cheques anyways and just like I knew... NSF. Now my spotless 10 year business with the same and only bank is a mess, that at some point I have to sit down with them now and try to clean the mess.
4. The manager filed 3 times 'Notice To Terminate Early due to non-payment of rent. 1 of these times while I was in the hospital and the other 2 just after I got out of the hospital.
5. Before I went to my court hearing I went to the managements office to get copies of some more information that Iwanted/needed to bring to court. They were there at one point. I asked the manager where these certain paperworks were and she said "Oh, I shredded them, you don't need them."
This is just a little bit of information on what the management has done and they are making me look like some irresponsable and bad tenent then the truth. They have fucked-up royally and they want to get ride of me because they don't want the caged bird to sing.
That's why I say this case is huge, because there are advocate groups that fight against people that descriminate. OCAP has been informed of the situation and I'm ready to bring the media/press into this.
I will not be punished or thrown out like a piece of garbage because I have mental illness issues that I am always working through.
Thanks for listening to the caged bird.
Annessa
xoxo
Thank you everyone for your advice, imput, information, etc. *hugs*
This case is not work related which is fine. This is a mental illness case. They are evicting me because I have a severe mental illness that requires medication & theraphy. Sometimes my illness gets so bad that I relapse and I have to admit myself inpatient at CAMH for weeks to restablize myself.
This has happened twice since I lived here and twice I was behind in my rent but did catch-up and pay it off. In January I began to get sick again and they just want me gone because I am not a 'stable person that can pay their rent every month on time'
That is called discrimination, and it's against the law, and there is no way that this company can just throw me away because I am a person with an illness.
1. I've been over-paying for rent and paying for parking which is included in the rent. (tenent ledger is a mess)
2. The current manager has changed/forged documents that are in my file in the managements office. (thank God I have the originals)
3. Both times I was in the hospital I called the management office and said NOT to put my cheque/s through as I already knew they wouldn't clear and I would deal with it once I am released from the hospital. They put through all 3 cheques anyways and just like I knew... NSF. Now my spotless 10 year business with the same and only bank is a mess, that at some point I have to sit down with them now and try to clean the mess.
4. The manager filed 3 times 'Notice To Terminate Early due to non-payment of rent. 1 of these times while I was in the hospital and the other 2 just after I got out of the hospital.
5. Before I went to my court hearing I went to the managements office to get copies of some more information that Iwanted/needed to bring to court. They were there at one point. I asked the manager where these certain paperworks were and she said "Oh, I shredded them, you don't need them."
This is just a little bit of information on what the management has done and they are making me look like some irresponsable and bad tenent then the truth. They have fucked-up royally and they want to get ride of me because they don't want the caged bird to sing.
That's why I say this case is huge, because there are advocate groups that fight against people that descriminate. OCAP has been informed of the situation and I'm ready to bring the media/press into this.
I will not be punished or thrown out like a piece of garbage because I have mental illness issues that I am always working through.
Thanks for listening to the caged bird.
Annessa
xoxo
Annessa said:
Ask for protection under the Mental Health Act.. they can not evict you if you have been deemed mentally ill. Ask you Dr. for a note and take it to the tribunial. They will support your efforts for repayment. Also check with your local family services, they can help you under these circumstances.
Don’t think is a great idea to push the mental illness side. If you push the idea that you are not mentally fit/stable enough to pay a bill there could be other things in your life that could get messed up once this becomes part of a public record . ie, your bank could severely limit your credit and access to service, loose your drivers licence, loose the ability to get insurance, there are many ways that this information could be used against you if this is made public.
Maybe too late but just a thought, could you not get a small line of credit added to the chequing account that your rent cheques are drawn from. or run the chequing account with a balance big enough to cover the rent. or pay the rent from a credit card account.
Sometimes a battle is not worth fighting as it can draw more energy from you then you will get back in winning. Even if you do win, they will be hitting you with the maximum rent increases, and treating you with attitude. It might be easier and in your best interest in the long run to move on, learn from this experience, and find a nicer place to live.
Maybe too late but just a thought, could you not get a small line of credit added to the chequing account that your rent cheques are drawn from. or run the chequing account with a balance big enough to cover the rent. or pay the rent from a credit card account.
Sometimes a battle is not worth fighting as it can draw more energy from you then you will get back in winning. Even if you do win, they will be hitting you with the maximum rent increases, and treating you with attitude. It might be easier and in your best interest in the long run to move on, learn from this experience, and find a nicer place to live.
Good point and dualy noted.
Now please delete your post...this is not the time or the place for this.
Now please delete your post...this is not the time or the place for this.
Sorry, ham2004, but you're dead wrong. There's no such thing as a free lunch. Are you saying that any landlord should rent free to someone with a mental illness? In any case, it's not the issue here. They are intending to evict her for NON-PAYMENT OF RENT, not for her mental illness, ergo no discrimination here. If she were paying her rent like clockwork, but they were still trying to evict her, then there'd be some evidence of discrimination, but it doesn't seem to be the case here since she freely admits that she's been behind in paying her rent.ham2004 said:
Try reading the freaking mental health act....
If and I use the word if, she catches up on her arrears, and continues to seek help, no reasonable tribunial of sane thinking people are going to render an eviction notice for non payment. They just don't have that kind of authority over the mental health act RS0 1980. The landlord, can not, evict a person found to be incompentant by reason of mental health, and there are agencies that will advocate for the mentally ill.
I don't remember stateing the tribunial would give her a pass, I said that in specfic cases of documented mental health issues, and when confirmed by a duly licensed doctor, that they would reexam the issues, and would in all likelyhood recind the eviction order.Bobzilla said:
If and I use the word if, she catches up on her arrears, and continues to seek help, no reasonable tribunial of sane thinking people are going to render an eviction notice for non payment. They just don't have that kind of authority over the mental health act RS0 1980. The landlord, can not, evict a person found to be incompentant by reason of mental health, and there are agencies that will advocate for the mentally ill.
Sorry, but you're dreaming. The Mental Health Act has nothing to do with it. By her own admission, she has been behind on rent more than once.ham2004 said:
If someone has a mental illness & isn't paying their rent, they can be evicted, mental health act or not. Whether any agency will advocate for them is irrelevant. If you don't pay your rent, you WILL get evicted. The landlord in most cases isn't interested in the reason why, nor should they be. Their sole purpose is to collect rent.
Also, even if she does catch up on her arrears, they can apply to the tribunal for an application to terminate the tenancy because she has been persistently late in paying rent. Again, it doesn't matter WHY, that's totally not the point.
I'm not trying to insult you, but you really don't know what you're talking about. This stuff is part of what I do for a living.
Bobzilla
Ok. so you do this as part of your job. And yes they can evict her for non-payment and yes they can do all the things you say, and yes the freaking sky could fall on my head.
BUT - In the majority of cases involving MHA and social agencies, people who are in need of assistance (do you understand the term here) will be granted leave to appeal, and in most cases (Ok, so lets get out the law books now) the sitting authority will recind an eviction order.
I did not say that they, the owner, could or would not re-apply for eviction, I said that the order could be recinded at this time, and if Ms. ABC makes the effort to catch up her arrears, keep them up to date, usual with the aid of social services type person, the issue clears itself up.
On those rarified occasions when, the system fails the mentally ill, an order of eviction is granted, a sheriff removes the person and their belongings and bob's your uncle, you are on the street.
So, to recap... 1. get help
2. Appeal the decision based on MHA
3. Work towards a mutual solution with the aid of
trained professionals and social services.
Just for the record, I have sat on the tribunal here in Hamilton, and have always been astounded at the sheepness of people. Stand up for your basic rights. Sure pay your rent, but if you get in trouble, work it out. too often the tenant just runs away, not bothering to work it out.
Ok. so you do this as part of your job. And yes they can evict her for non-payment and yes they can do all the things you say, and yes the freaking sky could fall on my head.
BUT - In the majority of cases involving MHA and social agencies, people who are in need of assistance (do you understand the term here) will be granted leave to appeal, and in most cases (Ok, so lets get out the law books now) the sitting authority will recind an eviction order.
I did not say that they, the owner, could or would not re-apply for eviction, I said that the order could be recinded at this time, and if Ms. ABC makes the effort to catch up her arrears, keep them up to date, usual with the aid of social services type person, the issue clears itself up.
On those rarified occasions when, the system fails the mentally ill, an order of eviction is granted, a sheriff removes the person and their belongings and bob's your uncle, you are on the street.
So, to recap... 1. get help
2. Appeal the decision based on MHA
3. Work towards a mutual solution with the aid of
trained professionals and social services.
Just for the record, I have sat on the tribunal here in Hamilton, and have always been astounded at the sheepness of people. Stand up for your basic rights. Sure pay your rent, but if you get in trouble, work it out. too often the tenant just runs away, not bothering to work it out.
ham2004: You're missing the point. She tried to appeal based on mental illness, the adjudicator dismissed that argument because whether it's true or not, she hasn't paid her arrears.
Yes, anyone can appeal. That doesn't mean it'll be successful. Based on her follow-up post, she's trying to say that the landlord is discriminating based on her illness. With respect to her, that's not true. They're evicting for non-payment of rent, which she herself admits to. Without addressing the arrears (which she hasn't mentioned), any appeal isn't going to work. The tribunal is not going to force a landlord to keep a tenant without addressing the arrears.
In your little list, you don't mention paying rent, which IMHO, should be #1. Why?? This is apparently all the landlord wants, and it is, after all, her responsibility. She may need to get help, but that is not the landlord's problem. You say you sat on the tribunal? I wonder why you still don't.
The advice you've given her is likely to be too time-consuming to allow her to continue her tenancy. She needs to pay the rent owing, then seek help. It's not up to the landlord to give anyone a free ride while they work out their problems.
Yes, anyone can appeal. That doesn't mean it'll be successful. Based on her follow-up post, she's trying to say that the landlord is discriminating based on her illness. With respect to her, that's not true. They're evicting for non-payment of rent, which she herself admits to. Without addressing the arrears (which she hasn't mentioned), any appeal isn't going to work. The tribunal is not going to force a landlord to keep a tenant without addressing the arrears.
In your little list, you don't mention paying rent, which IMHO, should be #1. Why?? This is apparently all the landlord wants, and it is, after all, her responsibility. She may need to get help, but that is not the landlord's problem. You say you sat on the tribunal? I wonder why you still don't.
The advice you've given her is likely to be too time-consuming to allow her to continue her tenancy. She needs to pay the rent owing, then seek help. It's not up to the landlord to give anyone a free ride while they work out their problems.
If they forged documents and put them into court go to the police station with the originals, and the case number from the tribunal. The police will then go before a justice to have the order put on hold while they investigate. If they are unwilling to investigate. Write a letter to internal review cc a copy of that letter and supporting documents to your city councilor and MPP. The city will make the police answer to their inactivity on that matter, and the MPP will have his office look into things on the tribunal side. Also go to a area legal clinic if they can't help you they can often get a high-profile lawyer to handle the case for you.
I did this a couple of years ago when I had a problem with a landlord who "wanted to reovate" and terminated my lease. Legally he was allowed to do this but didn't follow the proper procedures so we settled out of court. He then moves in people 2 hours after I moved out. Who happen to be friends of mine. I contacted my legal clinic with this info and they looked into it and found out alot more than I did. The end result was a reward of $10,000 for me and $15,000 for my friend, and six months in jail for the landlord (mail fraud, uttering forged documents etc.)
Right now I am having trouble with my current landlord ie. behind in rent. Due to the fact I have to spend a couple of nights in a hotel room due to a crack-dealing, street-walking roommate that the landlord won't do anything about. Long story.
Lesson learned through all this. Get a good job, get a good place to live, and don't spend too much money on things you don't need.
I did this a couple of years ago when I had a problem with a landlord who "wanted to reovate" and terminated my lease. Legally he was allowed to do this but didn't follow the proper procedures so we settled out of court. He then moves in people 2 hours after I moved out. Who happen to be friends of mine. I contacted my legal clinic with this info and they looked into it and found out alot more than I did. The end result was a reward of $10,000 for me and $15,000 for my friend, and six months in jail for the landlord (mail fraud, uttering forged documents etc.)
Right now I am having trouble with my current landlord ie. behind in rent. Due to the fact I have to spend a couple of nights in a hotel room due to a crack-dealing, street-walking roommate that the landlord won't do anything about. Long story.
Lesson learned through all this. Get a good job, get a good place to live, and don't spend too much money on things you don't need.
How many times can a decision be appealed to the tribunal?
If she is running an incall from this location the management in the building could know, especially if there is security in the building. Even if there is no security there are nosey neighbours, people talk, etc. If this is the case, and the landlord does loose at an appeal, they may make a complaint to the police, turning a relatively small problem into a much bigger one.
If she is running an incall from this location the management in the building could know, especially if there is security in the building. Even if there is no security there are nosey neighbours, people talk, etc. If this is the case, and the landlord does loose at an appeal, they may make a complaint to the police, turning a relatively small problem into a much bigger one.
No offence but how many guys here are wiling to see this girl now that she has admitted to these problems? I can't see this helping her cash-flow.
