Posted by Karen on 12/21/05

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18 year old daughter signed a commercial lease (not
knowing the full consequences in doing so)
Daughter was the only name on lease - now Landlord is
sueing her for renovation costs and the rest of the year's
lease.

The property (Two homes) was previously owned by my father
for over 30 years. The smaller home had a 1 bedroom
apartment in the rear and a bachelor apartment space in
the front. Different family members had rented out the
back apartment for close to 20 years. The front space had
been used by my father for a filing room for his insurance
business and another small room was once my brother's art
studio. And then for a time was rented out as a bachelor
apartment.

My daughter was going to use the front half - bachelor
apartment as her living/sleeping space and small room as
her future art studio. The back half would be her
boyfriend's 1 bedroom apartment. A door between the two
units was created by Landlord so that the two units could
be made as one.

Utilities were all placed into boyfriend's name - phone,
hydro and gas all showed a residential line only.

Now the problem - the Landlord promised certain
renovations to be completed by Sept 15 2005(These were
mainly renovations to improve their rental property) The
lease was to start on October 1st 2005 - Renovations were
not completed - boyfriend had to move into a construction
zone. Was not good! Daughter moved in Nov.1st/05 - work
was still not all completed. yet both paid for 1st and
last rent (1st month being October)

Landlord verbally agreeded with us all (daughter,
boyfriend, mother and father) that the rent would be
abated from October to November and any more delays would
have December's rent abated also. (This is actually part
of the commercial lease that Landlord had daughter sign)
Landlord didn't finish renovations until middle of
November. If he was a man of his honour to the lease that
he signed and his verbal agreement, then half of
December's rent was to be abated.

Landlord threated daughter - by saying that he would get
November's rent back. Would harrass her at work repeatly
for this, plus for all post dated checks of lease, and all
of December's rent. She didn't know how to deal with this
Landlord. Finally my daughter had a time set up with
landlord, she asked if I could come and bring another
friend to be witness to the rent converstation. This was
November 30th, but he cancelled out of the appointment and
told her to have checks in mail box for next day.

Behind the scene, he started a bailiff first week of
November, saying that these people were not paying their
rent. On December 7th he locked both daughter and
boyfriend out of their apartment. Saying it was because
they had not paid for November's rent and December's rent
was 5 days late.

He then took all their belongings and had them moved to a
storage unit.

We went to the Ontario Rental Tribunal hearing (Dec 14th) -
where the judicature claimed it was a civil case - as the
Landlord claimed it was a 60/40 rental because of the kind
of zoning the home had (being 60 % commercial - 40%
residential) yet this was a lie.

Residential was 100% at the time, and when future art
studio was completed it would take about 20% of the space.
(painting was just my daughter's hobby, but she was
wanting to find a place that would sell her pieces)

At the Ontario Rental Tribunal (Dec 14th) the Landlord
wanted $930 for the kids to get back their stuff. Within a
few hours I was able to get the money on the kids behalf
and we got back most of their things. Although some things
were damaged. (He won his threat - he got back November's
rent from them)

Now he wants to try and suck the little money left
daughter received from grandparent's estates. (Which she
received on her 18th birthday only weeks before signing
the lease)

If there is any lawyer that could give any suggestions
with a case like this - could you please send info to my
email. I would not want your suggestions posted here
incase the Landlord or anyone acting on his behalf see the
suggestions and then find ways to work through them.

The lease was signed with two partners, but the dishonest
partner came to my daughter durning October and wanted her
to sign a second lease with just his name as the only
Landlord. This person dishonestly took these propertys
from his partner and friend of many years. If he is this
crooked with a friend of many years, I don't trust him
with anything.

Thank you for suppling this post board, I hope this post
fits within your web policies - I am a desperate Mom,
praying that justice will prevail for my daughter. I
appreciate any help in this matter. Merry Christmas!

Residential & future art studio signed on Commercial Lease, 12/21/05, by Karen .

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