Dealing with an unreasonable landlord

[you&me]

Originally Posted by Torture

Currently looking at houses so yeah, I think that's the point we'll get to but I'm not ready to pull the trigger on buying anything yet and don't want to put a deadline on it unless I have to.

And then I'm oh so tempted to take him to the RTDRS and ask for rent abatement and damages for making this place unliveable.

Is that within the purview of the RTDS? What would constitute "unliveable"? Simple inconvenience with dealing with is complaints? Or does it have to be something measureable, like being unable to use or enjoy a particular feature of the home?

[lazypucker]

Torture, you should rent from my father...I mean really!

The condo is available Oct 1

[llwhiteoutll]

Is this actually a landlord/tenant situation that the RTA will cover?

I only ask because if there are shared spaces, the RTA won't come into play and RTDRS won't do anything for you or him. At that point, you could theoretically just not pay rent the last month you're going to be there, kiss your DD goodbye and walk. He sounds like an idiot, so I doubt he'd even know how to try and file a small claims action against you.

[Torture]

Originally Posted by you&me

Is that within the purview of the RTDS? What would constitute "unliveable"? Simple inconvenience with dealing with is complaints? Or does it have to be something measureable, like being unable to use or enjoy a particular feature of the home?

Tenants have a right to peaceful enjoyment of the property without being harassed and disturbed by the landlord. I suspect it would be a bit of an uphill fight but it's getting pretty damn ridiculous and I haven't even outlined everything this ####### has tried to pull.

Peaceful Enjoyment: The right of the tenant not to be disturbed while living in the residential premises so long as they meet their obligations under the residential tenancy agreement.
This includes disturbance or conflict with the landlord or with other tenants in
the same building. It is the landlord’s responsibility to take action if something is causing problems for the tenants like:
• Excessive noise (other than activity in the normal course of everyday living).
• Aggressive or obnoxious behavior.
• A disturbance caused by the landlord, tenant or someone permitted on the
premises by the landlord or tenant.

Originally Posted by llwhiteoutll

Is this actually a landlord/tenant situation that the RTA will cover?

I only ask because if there are shared spaces, the RTA won't come into play and RTDRS won't do anything for you or him. At that point, you could theoretically just not pay rent the last month you're going to be there, kiss your DD goodbye and walk. He sounds like an idiot, so I doubt he'd even know how to try and file a small claims action against you.

Separate entrances and no shared spaces so yes, RTA applies.


Latest email from this guy:
"No funds have been accepted or deposited" Well that's interesting because I have a screenshot that says "ACCEPTED" on the 28th of August and he sent me a text message confirming he had received it.
"Until I have money in my account this is considered a late payment" Really? It's not my fault your bank isn't processing it. Am I supposed to have a crystal ball to account for delays at your ####ing bank? I sent the email transfer FIVE DAYS before it was due.
"I have emailed my bank to inquire further" Maybe you should give them a call if you're so worked up about this rather than harassing me.

[you&me]

Originally Posted by Torture

Tenants have a right to peaceful enjoyment of the property without being harassed and disturbed by the landlord. I suspect it would be a bit of an uphill fight but it's getting pretty damn ridiculous and I haven't even outlined everything this ####### has tried to pull.

Peaceful Enjoyment: The right of the tenant not to be disturbed while living in the residential premises so long as they meet their obligations under the residential tenancy agreement.
This includes disturbance or conflict with the landlord or with other tenants in
the same building. It is the landlord’s responsibility to take action if something is causing problems for the tenants like:
• Excessive noise (other than activity in the normal course of everyday living).
• Aggressive or obnoxious behavior.
• A disturbance caused by the landlord, tenant or someone permitted on the
premises by the landlord or tenant.



Separate entrances and no shared spaces so yes, RTA applies.


Latest email from this guy:
"No funds have been accepted or deposited" Well that's interesting because I have a screenshot that says "ACCEPTED" on the 28th of August and he sent me a text message confirming he had received it.
"Until I have money in my account this is considered a late payment" Really? It's not my fault your bank isn't processing it. Am I supposed to have a crystal ball to account for delays at your ####ing bank? I sent the email transfer FIVE DAYS before it was due.
"I have emailed my bank to inquire further" Maybe you should give them a call if you're so worked up about this rather than harassing me.

Yeah, it sounds like you're being very reasonable and he is not. I was simply curious about what sort of disputes the RTDS could intervene in.

In any case, I think you're making the right choice to move ASAP.

[ken0042]

Originally Posted by Frank MetaMusil

Did your landlord put your damage deposit into an interest bearing account? If not, you can probably bail on the lease if that part is included in it.

For the last 10 years, the minimum interest required is 0%.
https://www.alberta.ca/security-depo...d-changes.aspx

[Matt Reeeeead]

Sounds like this guy is Loony Toons. You aren't going to get anywhere with him. Keep documenting and get the hell out of there.

[TheIronMaiden]

Originally Posted by Matt Reeeeead

Sounds like this guy is Loony Toons. You aren't going to get anywhere with him. Keep documenting and get the hell out of there.

I would record every conversation that you have with this guy.

[Torture]

So seems he probably made a typo while inputting his bank info and accepting the e-transfer and my rent payment has gone into the ether.

His bank has to send info to my bank to initiate a trace which will take 2-4 weeks to investigate and hopefully fix.

####ty but you can be damn sure I'm not sending him any more money until the next month's rent as it was most likely his own damn fault.

[Cecil Terwilliger]

Originally Posted by Torture

So seems he probably made a typo while inputting his bank info and accepting the e-transfer and my rent payment has gone into the ether.

His bank has to send info to my bank to initiate a trace which will take 2-4 weeks to investigate and hopefully fix.

####ty but you can be damn sure I'm not sending him any more money until the next month's rent as it was most likely his own damn fault.

This sounds fake. There is no bank info to enter when accepting an etransfer. All he had to do was hit accept, logon to his online banking and answer the security question.

Only way it got screwed up is if you sent it to the wrong email/phone number.

[Torture]

Originally Posted by Cecil Terwilliger

This sounds fake. There is no bank info to enter when accepting an etransfer. All he had to do was hit accept, logon to his online banking and answer the security question.

Only way it got screwed up is if you sent it to the wrong email/phone number.

I definitely sent it to the right email (and he confirmed getting that).

It's a Tangerine free transfer so it does typically take a bit longer (hence me paying rent early and allowing 3 business days). I believe the receiver has to enter the account number, transit, and bank number for Tangerine transfers which I'm guessing he did incorrectly.

[GGG]

Originally Posted by Torture

I definitely sent it to the right email (and he confirmed getting that).

It's a Tangerine free transfer so it does typically take a bit longer (hence me paying rent early and allowing 3 business days). I believe the receiver has to enter the account number, transit, and bank number for Tangerine transfers which I'm guessing he did incorrectly.

Paying with a tangerine transfer is pretty terrible. I refuse to accept money via them. Mostly just from friends, I reject the transfer and tell their cheap asses to deduct $1 from the amount and send it a reasonable way,

[Ducay]

Came to say the same thing. Those Tangerine transfers are literally the worst. I cannot believe people try to send money using that system. Honestly, he probably mis-typed in his account or routing number and indeed doesn't yet have the cash.

For those who don't know, Tangerine offers their own version of an Interact eTransfer, except you get the email and then have to punch in your branch/account numbers and it then EFTs you the cash which sometimes can take days. Its like 2019 meets 2002. Worst of both worlds, and clearly prone to errors.

[you&me]

Originally Posted by Torture

I definitely sent it to the right email (and he confirmed getting that).

It's a Tangerine free transfer so it does typically take a bit longer (hence me paying rent early and allowing 3 business days). I believe the receiver has to enter the account number, transit, and bank number for Tangerine transfers which I'm guessing he did incorrectly.

I'd say you're going above and beyond by paying 3 days early. In my opinion, you pay on the day the rent is due. If you were paying by post dated cheques, you'd date them for the first of the month. Beyond that, it's on him for however long it takes the money to actually make it into his account.

[Swarly]

I have a friend who uses tangerine, it's the worst. They go on and on too about how it's ridiculous that banks charge you to access your own money and how they refuse to pay blah blah blah. I have no idea what they are on about, I try to tell them everytime that my bank is free (RBC), all it requires is having a CC with them and I have some very minor investments in my TFSA so they give me the lowest level of account ($4 or $5/ month) for free. This allows me to make seamless e-transfers for free.

Not trying to rag on OP here, landlord still sounds like a d**k, just my side thoughts on tangerine and banking.

[jwslam]

Originally Posted by Ducay

Came to say the same thing. Those Tangerine transfers are literally the worst. I cannot believe people try to send money using that system. Honestly, he probably mis-typed in his account or routing number and indeed doesn't yet have the cash.

For those who don't know, Tangerine offers their own version of an Interact eTransfer, except you get the email and then have to punch in your branch/account numbers and it then EFTs you the cash which sometimes can take days. Its like 2019 meets 2002. Worst of both worlds, and clearly prone to errors.

I accept my rent from Tangerine, but the process is very seamless as I also bank with Tangerine.
Works no different than Interac email money transfer in that I can set it to auto-accept as well.

[cam_wmh]

This tangerine sounds like freedom mobile

[TheIronMaiden]

Originally Posted by cam_wmh

This tangerine sounds like freedom mobile

The freedom stands for freedom from service.

[Torture]

Bump.
WOW. This has been quite the saga. I moved out at the end of December as we bought a place (and only started looking after moving up our plans to purchase to get away from him), we originally mutually agreed to terminate the lease (Recorded) and then he reneged and I found someone to assign the lease to. He sent a demand letter from a lawyer, a whole bunch of crazy verbal assaults, we filed a police report against him at one point, got an order from AHS to require him to bring the place up to the minimum housing standards, wow, never have I ever had a landlord like this.

Oh. My. God. This. Guy. Is. A. SOCIOPATH.

He interfered with us assigning the place to someone after we moved out, kept our entire damage deposit (for legal fees, utilities and "unpaid rent" so we took him to the RTDRS. Had our hearing with them yesterday and won. He got SCHOOLED. Seriously, he would reference our evidence contradicting exactly the point he was trying to make. At one point he tried to say that I never told him I moved out, then referenced an email that explicitly stated "I have moved out, please schedule a move out inspection." LOL

Got a judgement against him for rent abatement, return of 95% of the security deposit, and he had to reimburse us for the filing fee. In total he now owes me just under 2 grand.

So literally the day after receiving the judgement against him he emails me saying "please give me your address so I can file my claim at the RTDRS against you for $1000 in legal fees" DO YOU HAVE ROCKS FOR BRAINS WE ALREADY DEALT WITH THIS YESTERDAY AND I WON. This guy is seriously legit crazy as ####. No I'm not giving you my ####ing address I don't want you to know where I live and you can't even file a claim now we already had our case heard you stupid ####ing idiot! o_O

Soooo now I'm going to have file my judgement with the Court of Queen's Bench because he's never going to pay (and probably doesn't have the income to do so because he doesn't really have a real job and has now moved into the main floor suite so doesn't even have rental income). I'll have to get an enforcement order and maybe they can garnish wages or something.

Oh, and the person that we assigned the lease to? She's taking him to the RTDRS as well.
Google your landlords before signing a lease people. And get everything in writing.

[Weitz]

Seems like a nice time to move on no? Why bother with another level of court for something he isnt going to pay?