Escaping from landlady

[jmc]

This is a valid question as well. Not sure about other areas but where I have lived (California and Nevada) it is the owners responsibility to maintain a legal domicile. If they rent out an illegal domicile they are liable to pay back all money back to the person renting from them. So theoretically you could get back all rent that you have ever given her if she was illegally renting out her basement.

Exactly!!!

Its also a ultimate way to fuck over the landlady, when inspectional services has to show up

[Dantrag]

The better question is...........

Is the living space your in, actually a legal apartment?

He said it was a room with a bathroom/shower so most likely yes. Not sure if it has it's own entrance though. And since he shared the first floor it sounds like it didn't have a kitchen.

[zoobernut]

He said it was a room with a bathroom/shower so most likely yes. Not sure if it has it's own entrance though. And since he shared the first floor it sounds like it didn't have a kitchen.

Not a guarantee that it was a legal apartment. If it didn't have adequate heating, or cooling, or if she built up the basement without a permit or any number of code violations could make it an illegal domicile.

[Streak]

It was one large room (maybe 20' x 12') with a queen bed, TV, comfy chair, book case and computer desk. It had a door that could be locked from the inside. (no key though) Across the hall was my bathroom with a shower stall, toilet and sink. Also off the hall was the shared laundry room.

There was no separate entrance, she was renting essentially her entire basement of her townhouse and sharing the kitchen and living room. However I was always treated as a second class person, not allowed to eat in the dining room, or even be upstairs when she was home or had company. Wasn't allowed to use the oven either, though she had a tiny counter-top oven (toaster oven?) I could use sometimes.

Basically, if she was home, I couldn't do fuck all anything except hide in my room in the basement and play FFXI. If she wasn't home, I could cook, eat, watch TV and do whatever.

Needless to say I've grown to spend most of my time at my parents or girlfriend's house over the last few months of living there. I don't think it was an illegal apartment though I'm never sure. It has adequate heating and cooling and water, though I did buy a space heater for the winter.

[aduidarnenye]

If you take her to court (and I think you should considering your case and evidence) you'll definitely have to update this thread when it is resolved. It's an interesting story!

There's probably a provincial tenant's act for your province that includes all you need to know about your rights when renting a place. What province are you in?

Also, there could be restrictions on who/what/where/when people can lease properties to others as apartments, and that could be what makes this whole deal illegal and put her in a lot of trouble. You shouldn't get into any trouble I would think however.

[volcanicweather]

If it's a townhouse it may be against her HOA for her to have anyone renting out a portion of her home period. Should try to get your hands on the HOA rules if you can and find out.

[Dalek]

I have my realtor license in Ontario and can tell you she's doing a boatloat of illegal shit but ultimately you really only are going to get back what you can prove(maybe last month's rent, possibly some punitive damages if you can show she's been a real bitch through the whole process). Realistically you could stay there for a while as usually a landlord is required to give you a certain amount of notice if they are terminating your rental agreement(unless explicitly stated in writing and agreed to) and she wouldn't be able to do jack shit. It's good that you have a written and signed agreement. From what you've described, this lady doesn't seem like the type to play by the rules. That being said, if she wants to play hardball, here's probably the biggest way where you can be really nasty. I bet you she's not declaring her rental income... The CRA (Canada's IRS for those of you who don't know) has a special tip line you can call if you suspect someone is evading their taxes or hiding undeclared income. One quick phone call and she could find herself being audited. Once they start tallying up all her undeclared income, she'll owe a boatload of back taxes.... and penalties. Doesn't do much for you but its a pretty nice way to say "fuck you" on your way out.

Edit: On second thought after re-reading this lady is a special kind of nasty bitch. Make a small claims filing(its less than 100$ and pretty easy from what I hear) and sue her for every month that you lived there(or that she was violating the agreement). She's using your bathroom? What the fuck is that shit? You pay for the basement and aren't allowed in your own place? Just make sure you've documented everything, the more proof the better. Worst case scenario the judge won't give you the full amount, but it doesn't hurt to ask. Oh, and still go ahead and give Revenue Canada a call. Fuck playing nice when there's kids involved.

[Mytiwar]

She's using your bathroom? What the fuck is that shit?

Seriously, I've put dog poop in strangers shoes for less than that.

OP, please to be updating with results once you've gone to court.

[Streak]

Amusing update:

I was paid up until Sept 1, but she asked me to have my stuff removed by August 19 so she could repaint, re carpet and redecorate for the next tenant. I said sure, if you refund my rent for the final 11 days of the month. She seemed to agree, and I removed my stuff without incident.

Then a few days later when I contact her to arrange picking up my security deposit and partial rent refund, she sends me an e-mail. "The locks have been changed. No cheques are going to be written to anybody."

I basically went ape shit, called the police, prepared my case for court, and advised her of everything I was doing (property management, CRA too). She completely freaked out and melted down and capitulated a day later, offering SOME of the money back.

I decided to take it, I have better things to do.

Her name was Wanda, and my 4 year old son always called her Walnut. How apt, she WAS nuts.

[Cleverness]

Should have done everything suggested here man. She made your life hell while living there, should have returned the favor.

[Ksandra]

Should have done everything suggested here man. She made your life hell while living there, should have returned the favor.

^ sad you didn't go full on with her, she deserved it.

but fyi you can't do it now that you've taken some money, courts will consider that your agreement now.

[Pharaun]

I hope you got the refund as a certified check or cash, I wouldn't trust a personal check from that lady at all.

[TacoTaru]

I'd still contact the whoever and see if she's been reporting your rent as income as one final farewell even if you don't go to court (which from what I'm reading now you can't).

[Aksannyi]

Disappointing how this thread turned out. So much potential for epic win. But yeah, do what Taco said try reporting her ass at least, make BG proud.

[Mytiwar]

Well with all the hassle you went through...
I would probly have done the same thing you just did, easy way out isn't always to be frowned upon.

You could've made her life miserable but if that won't help you sleep at night why would you. It's mostly a shame that apeshit woman is gonna be renting to other people though...

[Streak]

It's been awhile but I heard back from Walmut my former land lady.

What goes around comes around. She has been sending me my money back in $50 installments.

She found someone else to live in her basement after I left, but he only stayed for 2 months and left without notice. He racked up some big time expenses on her phone calling sex hotlines before he left and she got stuck with the bill lol.

Then her brother from China lost his job and moved in with his wife. She told me she dropped him off at the welfare office this morning.

In the meantime I'm living in a much nicer apartment across town, saving $100 a month in rent, bought a nice car and have a satisfied grin on my face

[Siralin]

Good to see things work out as they should.

[psychodwarf]

Awesome

[Ddz]

lolol, karma's a motherfucker

[Melena]

This brought a smile to my face