Moving Problem.... any advice? - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Devils'Advocate · 05-03-2007, 05:18 PM

I think I'm up creek without a paddle.

I purchased a home in Kanata. I currently live in an apartment in downtown Ottawa.

I take possession of the home on May 31st. However, the lawyer tells me that it may well be late in the day (4:30, maybe 5pm). I called some moving companies and they said either that they were all booked up OR they only loaded during the day.

Stumped, I went to see my super to ask if I could move out at 8am on June 1st. Given that nobody is moving in right away, he said he couldn't see why that would be any problem. So I booked a moving company for first thing on June 1st and paid the $300 deposit. I'd be packed and gone by 10am.

Today the landlord runs into me and says that the landlord wants a full months rent for me to stay until 10am on the 1st.

The biggest problem I have is that the company hired doesn't do storage. There is no storage facility. So if I get them to pick it up earlier and live in a hotel for a couple days, they have no place to store it. If I go with another company, I lose my $300 deposit.

Any options? Ideas? Condolesces?

sadora · 05-03-2007, 05:26 PM

Quote:

Originally Posted by Devils'Advocate

I think I'm up creek without a paddle.

I purchased a home in Kanata. I currently live in an apartment in downtown Ottawa.

I take possession of the home on May 31st. However, the lawyer tells me that it may well be late in the day (4:30, maybe 5pm). I called some moving companies and they said either that they were all booked up OR they only loaded during the day.

Stumped, I went to see my super to ask if I could move out at 8am on June 1st. Given that nobody is moving in right away, he said he couldn't see why that would be any problem. So I booked a moving company for first thing on June 1st and paid the $300 deposit. I'd be packed and gone by 10am.

Today the landlord runs into me and says that the landlord wants a full months rent for me to stay until 10am on the 1st.

The biggest problem I have is that the company hired doesn't do storage. There is no storage facility. So if I get them to pick it up earlier and live in a hotel for a couple days, they have no place to store it. If I go with another company, I lose my $300 deposit.

Any options? Ideas? Condolesces?

That sucks man. I would check first if the landlord can actually charge you a full month's rent for one day. That is outrageous and he/she should not be able to get away with that.

Now, if you check and the info favours the landlord then go with another company and loose $300 rather than a full month's rent. You could also rent a U-Haul, depending on how much stuff you have...I think they do offer storage but I'm not sure.

Good Luck!

Eddie Bronze · 05-03-2007, 05:35 PM

What's he going to do if you don't pay him for the full month?

photon · 05-03-2007, 05:37 PM

$300 is probably cheaper than a full month's rent I guess...

What about getting some other storage place, they drop it off at the storage place and pick it up later?

Give the board a call and see what they say: http://www.ltb.gov.on.ca/en/index.html

You don't have any proof (direct or indirect) of the commitment by the landlord at all? I.e. a changed appointment time, or even speaking with the moving company about it?

If you have any supporting evidence you could either try to intimidate the landlord into honouring the agreement as it's a verbal agreement, saying you will sue him, involve the better business bureau, etc..

If not, you could try and negotiate it down, say $100 for the day and he avoids the court hassle.

Or just give up your security deposit and make it not worth his while and then accidentally get used oil stains all over the carpet

(I do not recommend this!)

It's a verbal contract, and the courts should favour you (they are always tenant friendly, at least in Alberta). Plus he's being an ass.

photon · 05-03-2007, 05:38 PM

Quote:

Originally Posted by Eddie Bronze

What's he going to do if you don't pay him for the full month?

Keep his security deposit likely. Otherwise DA would have all the power.

photon · 05-03-2007, 05:40 PM

Quote:

Originally Posted by sadora

That sucks man. I would check first if the landlord can actually charge you a full month's rent for one day. That is outrageous and he/she should not be able to get away with that.

Very true, in Alberta a landlord is able to charge to fix a problem, but they are NOT allowed to charge something that would be a fine or a punishment.

If there was a coming in tenant and the landlord lost the tenant as a result, they could probably argue that the full month's rent was lost. But if he already agreed to it he obviously didn't have someone lined up.

This is why I always suggest getting any agreement no matter how small in writing.

Eddie Bronze · 05-03-2007, 05:41 PM

Quote:

Originally Posted by photon

Keep his security deposit likely. Otherwise DA would have all the power.

I vote for getting the better business bureau involved then.

You should have until noon on the 1st to have all your stuff out. That was always my understanding of moving out/moving in.

photon · 05-03-2007, 05:44 PM

I think it usually depends on how the contracts are worded.. it's always nice to have a bit of time between two tenants, even if it's just a morning, so you can go in and clean, do any repairs, etc.

Devils'Advocate · 05-03-2007, 05:52 PM

They have no security deposit. In Ontario, you give first and last months rent up front. I'm on last months rent.

However, wouldn't they come after me for the money? Put it on my credit rating?

And yes, the agreement was verbal, no witnesses. And his agreement was wishy-washy. "I can't see why there would be a problem" doesn't 100% mean "go ahead". I was probably predisposed to interpreting it the way that I wanted to interpret it.

Cowboy89 · 05-03-2007, 07:54 PM

Sorry about the rent issue, but congrats on new home ownership. Kanata is a very beautiful 'burb to live in. Close to Scotiabank place!

Eddie Bronze · 05-03-2007, 08:00 PM

So since they don't have a deposit, I re-ask my question, what is he going to do? It's part of one day lasting a few hours. He is the one s*** out of luck, if you ask me.

Also, yes, as Cowboy said congrats on the purchase, Kanata is very nice. My aunt and uncle live right next to there in Nepean and I've been in that community a number of times and really liked it there. The only drawbacks being the humidity and Queensway in rush hour.

photon · 05-03-2007, 08:23 PM

Oh yeah, I forgot Ontario does it differently.

I guess there is a chance he could come after you, but if it goes to court then you can present your case about it being a verbal agreement.. To me I'm not going to say "I can't see it being a problem" to a tenant unless I meant it. Unless this conversation was months ago and was never followed up on.

Anyway, there should be some numbers you can call and get the advice of the real estate board, I'm with Eddie I'd probably just stay the day and if he wanted to take me to court to get the extra month let him try, assuming he needed to go through court first to mess with my credit (I'm not sure on that, again advice from the real estate board there would better tell you).

ken0042 · 05-03-2007, 09:13 PM

Or, tell him that you'll pay the month and you'll stay for a portion of the month. See what he says- if he wants you to pay for a month he has to let you stay. If he has a perspective tenant; he'll have to conceed something.

Then come the first, don't pay. Just walk away when the movers show up.

photon · 05-03-2007, 09:53 PM

LOL nice. Turn it around on him, tell him you'll pay him the money on the 1st. Then he's the one to try and enforce a verbal contract.

Sylvanfan · 05-03-2007, 10:28 PM

How much stuff do you have, could you fit it all, or enough of it in a 16 foot cube van or maybe even a 24? You can rent a U-Haul or Budget truck for a local move for like $40 a day plus kilometers. If you can fit your stuff in one of those just put it in there, lock it up and keep it until you unload it. Tell the movers to take a hike, and phone hire a student and hire on some casual labour. I have an unbelievable amount of crap but I've always been able to move in a day without hiring movers.

4X4 · 05-03-2007, 10:43 PM

Pile o crap. The landlord tenant act in Alberta would never allow something so stupid. It would be a pro-rated thing where you would have to pay 1/30 of your rent. Now, us Albertans are famous for giving you Ontarians a hard time, but I still can't see your LTA being too terribly different (and especially in favour of the landlord).

Give him a 30th of your monthly rent and tell him to take a hike. If people actually show up with a moving van prior to your estimated departure of 10am, send them to humptys for breakfast, foot the bill and get them to sign a napkin saying that it was no problem.

As for the plan about calling the bluff and asking for one more month, I'd be checking your local vacancy rates before trying that. You just may get what you ask for. That'd really suck.

Flames09 · 05-04-2007, 04:22 AM

Screw him stay and see what the heck he does about it, it's only a few hours he wants to take you too court and waste his own time so be it.

ericschand · 05-04-2007, 07:24 AM

Don't you have a lawyer doing your paperwork? What does he have
to say about it? This is the kind of crap you paid him for.
It's probably a quick phone call to your current landlord and it'll all be over.

ers

Titan · 05-04-2007, 08:20 AM

You have the power in this situation. You have a verbal agreement and he does not have any of your money. He has no options but to sue you and you have his agreement. He is trying to bully you. I would suggest writing out the entire scenario with as many specific details, inlcuding your conversation with the landlord, your arrangements for the moving company and the deposit, EVERYTING, as best as you can recall including dates and times wherever possible. Date and sign it. If the landlord approaches you say you are relying on your previous agreement and will be out by 10 a.m.

If he does sue you he can only claim any damages he has incurred, which will be the lost opportunity to rent a place for 2 hours, in other words nothing. This would be a laugher in court. If he does sue, go to the U. of Ottawa law school and get one of the keeners in the legal assistance program to help, they should eat him up and it is probably free.

He has no right to interfere with your enjoyment of your place prior to the first. If he does call the cops. On the first you are on your way out so even if he tried to change the locks or something you are already in there. Also, he can't keep your stuff hostage so again call the cops.

Good luck.