Quote:
Originally Posted by Robbob
I could see a divorce being a little more complicated, but Alberta seems to favour the the home owner if they can prove damage, not paying rent, etc. The fact that there was an eviction notice already ignored would make me think that if it went to court the judge wouldn't really have to look at anything else.
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Unfortunately even in Alberta the courts are quite heavily slanted towards the tenants..
First would be is if the eviction notice was even legal. If it isn't done properly, having all the correct information, then it isn't valid. I even had this happen to me once, I forgot to include one piece of necessary information.
Not valid, back to square one.
Then the judge will usually give the tenant a lot of consideration.. the tenant can give a financial hardship story, bring a few hundred to make a partial payment, and the judge will give them extra time to pay.. or setup a repayment schedule over six months. Go into court again when they get behind again, judge will give them some more extra time. This can take 6 months or more to get resolved.
(There are better ways to do it apparently, ones that don't take very long, or so I've been told when talking to some bailiffs, I've never had the opportunity to use one of their ways)
Because the guy has done much internal "work", that should make it easier (24 hour eviction notice and faster court), but because she contracted him to do the work, that might make it more complex, I don't know for sure.
And throw in the FMoTL nonsense that can make a court session near impossible, well who knows how easy or hard it would actually turn out to be.
BUT that's still the step she needed/needs to take.
IF she had done that and the FMoTL garbage had frustrated the courts so that she was still waiting for the court to deal with that, THEN I would say there's a big story here.