Need some legal advice

[rubecube]

Just wondering if any of he CP faithful could point me in the right direction. At the beginning of April my girlfriend and I let one of her co-workers move in as a roommate with us. The agreement was that she would pay $600/month for rent and that she would also pay $600 damage deposit. She never paid that damage deposit.

About two and a half weeks in the girl decided she didn't want to live with us anymore and left without giving us any notice and left the majority of her belongings (furniture, jewellery, etc.). We advised her that since she didn't give us the required 30 days notice that she owed us for $600 for the month of May as well.

Since she left without grabbing all of her belongings my girlfriend (whose name is on the lease) told her that she could have her stuff when she brought us the $600. The woman has made several dcates to come and get her stuff and has no-showed everytime.

As I understand the law, and I could very well be wrong, after 30 days of not retrieving her things they are considered abandoned and we can do with them what we like.

Now my thinking on this is to have a lawyer send her a registered letter advising her she has 30 days to get her belongings and that after that they belong to us. Is this legal and does anyone know how much it costs to have a lwayer do this? Would we be better off taking her to civil court?

[truth14]

Why can't you solve this without lawyers?

[Boblobla]

Just sell her stuff. If she didn't sign anything she has no legal legs to stand on.

[rubecube]

Originally Posted by truth14

Why can't you solve this without lawyers?

Because she refuses to deal with it. My girlfriend has called her and approached her at wrok and she won't respond. We're just sick of her stuff being there and we want our money. I'd assume there's at least $600 worth of furniture and probably more in jewellery.

[Lithium]

Forget the money and keep her stuff on the buy and sell board, pretty simple solution if you ask me. Time to move on!

[The Fonz]

Assuming that she paid you $600 for the 2.5 weeks she was there, why are you trying to collect $600 for the following month aswell?

[SteveToms]

Originally Posted by The Fonz

Assuming that she paid you $600 for the 2.5 weeks she was there, why are you trying to collect $600 for the following month aswell?

Which I believe is his actually his right.

[truth14]

This whole thing smells fishy....who wouldn't want their furniture back???

[DuffMan]

where does she live now? in her car?

[rubecube]

Originally Posted by The Fonz

Assuming that she paid you $600 for the 2.5 weeks she was there, why are you trying to collect $600 for the following month aswell?

Because my girlfriend and I were forced into forking over the extra cash to cover May. We couldn't find another roommate in the week and a half that she gave us so we ended up covering her half of the rent. Legally she is required to give 30 days notice on or before the first of the month, even in a case of implied tenancy (per the Residential Tenancies Act).

[rubecube]

Originally Posted by Lithium

Forget the money and keep her stuff on the buy and sell board, pretty simple solution if you ask me. Time to move on!

That's the plan but I'm just making sure I can't get in trouble for doing that. Trying to take all the necessary precautions.

[The Fonz]

Originally Posted by SteveToms

Which I believe is his actually his right.

All I'm wondering is if her leaving unexpectedly (around April 17-18) cost rube and his gf anything the following month. For example, if they wanted the 30 day notice so that they'd have time to find another roommate to take her place, then I understand why he's wanting $600 for May also. Without the notice they did not have enough time to replace her spot.

But, if they only let her move in as a friendly gesture, and they were not planning to replace her with another roommate, then the girl should not owe anything for May.

I'd like to know more about the situation.

[The Fonz]

Originally Posted by rubecube

Because my girlfriend and I were forced into forking over the extra cash to cover May. We couldn't find another roommate in the week and a half that she gave us so we ended up covering her half of the rent. Legally she is required to give 30 days notice on or before the first of the month, even in a case of implied tenancy (per the Residential Tenancies Act).

Ok you answered my post while I was writing.

I see where you're coming from then....sell her stuff!

I don't know anything about what is legal and what is not, I suck at helping.

[Boblobla]

I am pretty sure you are good to sell it. And you can quote me.

[ken0042]

Originally Posted by rubecube

Because my girlfriend and I were forced into forking over the extra cash to cover May. We couldn't find another roommate in the week and a half that she gave us so we ended up covering her half of the rent. Legally she is required to give 30 days notice on or before the first of the month, even in a case of implied tenancy (per the Residential Tenancies Act).

The key is, what did you do to look for a room mate.

When I was off sick I watched a lot of Judge Judy, and apparently putting a note in the lobby and asking your friends doesn't cut it. You would need to prove an ad was placed in the paper, online, etc.

[Boblobla]

Originally Posted by ken0042

The key is, what did you do to look for a room mate.

When I was off sick I watched a lot of Judge Judy, and apparently putting a note in the lobby and asking your friends doesn't cut it. You would need to prove an ad was placed in the paper, online, etc.

Isn't Judge Judy an American though, I could be mistaken, I have never seen her show but I am pretty sure tenant laws vary tons from province to province so I would imagine they are much different in the States. Holy runon sentence Batman.

[rubecube]

Originally Posted by ken0042

The key is, what did you do to look for a room mate.

When I was off sick I watched a lot of Judge Judy, and apparently putting a note in the lobby and asking your friends doesn't cut it. You would need to prove an ad was placed in the paper, online, etc.

Okay, but it's somewhat of a moot point considering the girl's stuff is still piled in the other bedroom so nobody would've been able to move in anyways.

[jydk]

I don't understand, she gave you $600 for a months rent + $600 for a security deposit. Why don't you just keep the $600 deposit, then you got what you want.

[FlamesKickAss]

Didn't your recieve damage deposit? Wouldnt that have covered it?

edit: jydk beat me to it

[rubecube]

Originally Posted by FlamesKickAss

Didn't your recieve damage deposit? Wouldnt that have covered it?

edit: jydk beat me to it

Oops, forgot to mention that she never paid the damage deposit. Edited my original post to reflect this.