"court Case" Booked

[Guest sarah f]

Good Luck in your upcoming court date. I wish you all the best.

Keep us updated on how it goes because we care about you and don't think what your new landlord is doing is right.

Love,

Sarah F

[Guest Donna Jean]

Hey, Zab............

This whole thing sux out loud, but I have every confidence that you're gonna come out on top....

You are doing it all correctly....

You did no damage (Photo documented!) and therefore, there'll be no eviction, and maybe even damages awarded in your behalf!

Hang in there, Baby..'

We're pullin' for you!

Donna Jean

[Sally]

Hey Zabrak,

I am so glad to hear that you are still alright, I worry about you so much.

You are taking all of the right steps so things should go your way.

Good luck (and you do know how to get in touch with me)

Love ya,

Sally

[Guest Zabrak]

Ok, got my landlords case againts me.

The old landlord is now saying he "never" knew about my cat. And their just trying to say I distoryed the last apartment and giving bills they spent on cleaning it to the court. Even though they rented a new place to me no problem...then all of a sudden evicting me from it six months later brining this probelm with my last place up. Saying they "forgot" about it. Their saying I lied about them knowing I had a cat, and that I'm trying to abuse the fact theres a new landlord to get my way...yeah...

If theres blls fromt he last place...6k worth of bills...how did they "forget" about it for six months and why didnt they come to me in the first place saying this is owed.

[Guest NatalieRene]

Ok, got my landlords case againts me.

The old landlord is now saying he "never" knew about my cat. And their just trying to say I distoryed the last apartment and giving bills they spent on cleaning it to the court. Even though they rented a new place to me no problem...then all of a sudden evicting me from it six months later brining this probelm with my last place up. Saying they "forgot" about it. Their saying I lied about them knowing I had a cat, and that I'm trying to abuse the fact theres a new landlord to get my way...yeah...

If theres blls fromt he last place...6k worth of bills...how did they "forget" about it for six months and why didnt they come to me in the first place saying this is owed.

When a renter leaves it is routine for the land lord to clean or replace the carpets. Replacing the carpets hardly constitutes destroying the place especially if you lived in the previous place for several years as it's wear and tear. Secondly if your deposit was returned to you on the previous place that you left and you entered into a new contract they essentially in writing gave you a pass. Third if they forgot about the property and only just now remembered it the damages couldn't have been as bad as they claim. No one would forget that oh hey a tenant trashed our place and I can't rent it until it's fixed. Fourth, unless the contract says no pets they can not prove that you where not supposed to have a pet in the building and if you informed them verbally you are fine. They have the burden of proof not you. Regardless the fact remains they can't evict you from one contract ont eh basis of another contract, it's out of this world retarded.

They can't come back and claim damages because it's too late. Plus they can't cancel one contract on the basis of a previous contract especially when the previous contract expired and is no longer legally binding, with note that you returned it in satisfactory condition as per to any deposits being returned to you. Their case has no merit and you should move to dismiss and sue them for discrimination. I don't know if it is the same in Canada but in the United States housing discrimination is illegal. Also I would subpoena their records of the property to see if they rented it out between the time you left and the time the filed their claim against you. If they did and any and all damages no matter if they are real or not could just as easily been from another tenant and then again ask for the case to be dismissed because their charges are groundless. Also request that they pay your legal fees, that includes loss of income from taking time off of work, and your lawyer if you have one.

I'm sorry you have to go through this. Just hearing about what they are doing angers me so much.I hope the judge throws the book at them.

[Guest i is Sam :-)]

if you destroyed the apartment and it cost them $6000 to fix it which you didn't pay there is no way they would let you another apartment, that story won't fly with anyone.

[Guest Zabrak]

I read the rest of the letters he wrote againts me.

I'm HOPING theyll trust me and not him. But its me, a 21 year old, againts a landlord whos worked for "16 years" in his field. So I may or may not win...is says no cats on my contract but like I said, he agreed to my cat and ontop of that he rented to me again knowing I still had my cat.

Also, their saying when I move out they want me to pay 4, 000$ to fix the damange by my cat. Their saying my pictures of my place are misleading because theres invisible damange being done.

[Guest Zabrak]

And yes, they used the exact words "invisible damage"

[Guest i is Sam :-)]

but you also have witnesses right?

you should've gotten a seperate contract agreeing to your having your cat, but of course many landlords don't bother with sorting out proper paperwork, which often ends up screwing us later. Any new place you get, make sure you get an agreement for your cat in writing.

[Guest Zabrak]

Yeah, I now know I should of. However, it says on canadas tenant act that verbel agreements are binding. Anyway, its fine he can lie all he wants because the only thing I can do is tell the truth and hope that they see through my landlords lies. If I don't win at lest I know I didn't lie my way through the court.

Also, yes, I have two witnesses. However, one of the witnesses works for my landlord so he wont ge involved.

[Guest NatalieRene]

I read the rest of the letters he wrote againts me.

I'm HOPING theyll trust me and not him. But its me, a 21 year old, againts a landlord whos worked for "16 years" in his field. So I may or may not win...is says no cats on my contract but like I said, he agreed to my cat and ontop of that he rented to me again knowing I still had my cat.

Also, their saying when I move out they want me to pay 4, 000$ to fix the damange by my cat. Their saying my pictures of my place are misleading because theres invisible damange being done.

Experience has zero bearing regarding this. Don't let him try to intimidate you.

Ok so the contract says no cats. You can't say he verbally said you could have the cat because he'll say he didn't and point to the contract. Instead just say yeah, I missed that and it wasn't brought to my attention that I wasn't supposed to have a cat in their until now months after the contract was up and I'm sorry. I treated the place as if it where my own and made sure to keep it clean and kept my cat under control. I made no secret I had a pet, because I didn't know I wasn't supposed to have one. That puts the burden of why didn't he enforce the contract sooner and reflects on you for being honest. It hurts his case if you can show that you unintentionally did something you where not supposed to that he knew about but did nothing to rectify. It's called not mitigating the damages.

Did he return your deposit for the previous apartment? If so then the contract is closed and it doesn't matter about the damages he gave you the free pass. Why would he return your deposit that explicitly goes towards repairs if you trashed the place? Also check into if it was rented out after you left, if it was then again he can not link the damages to you because the other owner could have done it, especially if he returned your deposit.

They need to explicitly declare what the damages where, how much they paid for each part of the repair and prove they didn't wastefully spend more for each repair then they had too. Again it's called not mitigating the expenses. He needs to provide this information to you well in advance of the court day so you have time to research the average cost of the services and see if you can nickel and dime the amount of money they are seeking. Not to mention some of the damage that had to be repaired is typical for turning a apartment and the tenant is not subject to paying for the work. This includes paint and carpets. If there was padding under the carpets you are not responsible for it wearing out, that happens naturally.

What kind of damage could the cats have done that wouldn't show up in the pictures? Cats claw and the kitty litter box stinks. Claw marks on the wall would show up. Torn carpets would show up. Stains on the carpet from urine would show up. The only thing that wouldn't show up is odor, and odor doesn't cost $6000 to take care of. Cats clawing at the carpet doesn't damage the substructure. Cats clawing at the walls does not damage the studs.

Plus again, they can not evict you from a place on the grounds of a expired contract not even pertaining to that property. This entire case is moot for the purposes of evicting you from a different unit. It's apples to oranges. The only course of action they could legally do is refuse to renew your lease and that is it and even then they need a more valid reason then what they have come to the table with if they don't want to open them selves up to a housing discrimination suit. You need to tell the judge that this all magically started when the new land lord discovered you where a transexual. The timing is suspect.

They are so full of it and have no case. You just need to stay calm and collected in the court room. The are hoping that you will act with emotions like anger so they can point at you and see, he is just a kid you can't trust him and in general sling mud at you. If you act professional and follow what I'm telling you and rip into their bollox you have a real good shot of walking away from this way ahead. Be absolutely sure to counter sue them for housing discrimination and in the prosecution just go through with the judge and recount the events going on right now and let the facts speak for themselves.

Let these sobs pay for your surgeries to finish you transition. I think that is a fitting punishment for such hate filled people.

[Guest i is Sam :-)]

Be absolutely sure to counter sue them for housing discrimination and in the prosecution just go through with the judge and recount the events going on right now and let the facts speak for themselves.

Let these sobs pay for your surgeries to finish you transition. I think that is a fitting punishment for such hate filled people.

Agreed.

[Guest Zabrak]

Experience has zero bearing regarding this. Don't let him try to intimidate you.

Ok so the contract says no cats. You can't say he verbally said you could have the cat because he'll say he didn't and point to the contract. Instead just say yeah, I missed that and it wasn't brought to my attention that I wasn't supposed to have a cat in their until now months after the contract was up and I'm sorry. I treated the place as if it where my own and made sure to keep it clean and kept my cat under control. I made no secret I had a pet, because I didn't know I wasn't supposed to have one. That puts the burden of why didn't he enforce the contract sooner and reflects on you for being honest. It hurts his case if you can show that you unintentionally did something you where not supposed to that he knew about but did nothing to rectify. It's called not mitigating the damages.

Did he return your deposit for the previous apartment? If so then the contract is closed and it doesn't matter about the damages he gave you the free pass. Why would he return your deposit that explicitly goes towards repairs if you trashed the place? Also check into if it was rented out after you left, if it was then again he can not link the damages to you because the other owner could have done it, especially if he returned your deposit.

They need to explicitly declare what the damages where, how much they paid for each part of the repair and prove they didn't wastefully spend more for each repair then they had too. Again it's called not mitigating the expenses. He needs to provide this information to you well in advance of the court day so you have time to research the average cost of the services and see if you can nickel and dime the amount of money they are seeking. Not to mention some of the damage that had to be repaired is typical for turning a apartment and the tenant is not subject to paying for the work. This includes paint and carpets. If there was padding under the carpets you are not responsible for it wearing out, that happens naturally.

What kind of damage could the cats have done that wouldn't show up in the pictures? Cats claw and the kitty litter box stinks. Claw marks on the wall would show up. Torn carpets would show up. Stains on the carpet from urine would show up. The only thing that wouldn't show up is odor, and odor doesn't cost $6000 to take care of. Cats clawing at the carpet doesn't damage the substructure. Cats clawing at the walls does not damage the studs.

Plus again, they can not evict you from a place on the grounds of a expired contract not even pertaining to that property. This entire case is moot for the purposes of evicting you from a different unit. It's apples to oranges. The only course of action they could legally do is refuse to renew your lease and that is it and even then they need a more valid reason then what they have come to the table with if they don't want to open them selves up to a housing discrimination suit. You need to tell the judge that this all magically started when the new land lord discovered you where a transexual. The timing is suspect.

They are so full of it and have no case. You just need to stay calm and collected in the court room. The are hoping that you will act with emotions like anger so they can point at you and see, he is just a kid you can't trust him and in general sling mud at you. If you act professional and follow what I'm telling you and rip into their bollox you have a real good shot of walking away from this way ahead. Be absolutely sure to counter sue them for housing discrimination and in the prosecution just go through with the judge and recount the events going on right now and let the facts speak for themselves.

Let these sobs pay for your surgeries to finish you transition. I think that is a fitting punishment for such hate filled people.

If i can sue them I will. I'll be nice of course the whole time because theres nothing I can do but telll the truth and pray.

Also...I added all the bills they provided the court for fixing up my other place. It was 200$ for carpet cleaning and de-fleaing stuff....Is that excessive damage? Should I be paying 4k to replace my current carpet now even if theres no stains or problems with it?

The hidden damage I think hes trying to say is cat hair, "fleas" which there is none and I don't know, maybe smell? Even if there is none...

Sigh, I dont even know how much more i can handle thinking about this. Why do I have to be targeted, with everything going on in my life already.

[Guest Elizabeth K]

Kyle - don't 'try the case in your head.' Too many variables - and it will make you get 'antsy' when the real thing comes up. Just tell what happened. And if you read this topic over, so many tell you to stay 'adult.' The judge will side with the person who is rational and holds emotions in check. Pretend the judge is a favorite old great uncle - and just be as positive as possible, and confident. When the landlord lies - just be patient and say 'no your honor, that is incorrect,' when asked. Do not jump out of order, don't seemingly shake your head in disbelief. Playact as a guy who is gonna win, no doubt about it - confident - confident - confident. Visualize victory the entire time!

Just my opinion

Lizzy

GOOD LUCK!

[Guest NatalieRene]

If i can sue them I will. I'll be nice of course the whole time because theres nothing I can do but telll the truth and pray.

Also...I added all the bills they provided the court for fixing up my other place. It was 200$ for carpet cleaning and de-fleaing stuff....Is that excessive damage? Should I be paying 4k to replace my current carpet now even if theres no stains or problems with it?

The hidden damage I think hes trying to say is cat hair, "fleas" which there is none and I don't know, maybe smell? Even if there is none...

Sigh, I dont even know how much more i can handle thinking about this. Why do I have to be targeted, with everything going on in my life already.

Don't worry about that. Just hearing it the claim is ridiculous. A flea problem is easily solved by cleaning the apartment. Even if there was a flea problem that $200 carpet cleaning probably took care of the entire problem and them asking for new carpets is unreasonable. If your cat was a indoors cat he would need proof that you let your cat out and that the fleas didn't develop in the apartment after you vacated the building. Six months is a long time for something to happen after you've left.

Plus how much square feet is the apartment? 900 Square feet cost me $5000 for premium stain master carpet with thick padding and installation. He can't upgrade what type of carpeting he is using and expect you to pay for the difference in quality. If there was no prior padding you don't have to pay for any new padding. If the thread count is higher you don't have to pay the difference in cost. If he spent more then a $100 for installation he didn't mitigate his costs because if Home Depot is in Canada they install in entire buildings for $100.

Just act exactly how Elizabeth described and don't react to him no matter how rude he is in the court room.

[Guest Zabrak]

Ok I'm done the call. The lady has 30 days to decide and get back to us. It really sounds like the case went my way, though. You never know, though, so I wont get my hopes up too much because I don't need to get knocked down anymore then I have.

Anyway, she pointed out the long gap in time that they hadn't "done anything" with me about my cats...I told her about the old landlord contacting me a few times well I in my new place, that he had talked to me about my cats(He contacted me about fleas and I said I had my cat de-flead so he said it was fine). Then he landlord said "well if he had known about the cats he would of wrote it down on the lease saying Kyle could have them, like he did with the others." She then pointed out something I thought was smart. That the fired my old landlord because he didn't always do as what they thought he did. They said "well, he worked for us for 18 years so we thought he would" she replied "well he didn't, am I right?" and the new landlord sighed and said "yes."

Then the new landlord went on and pressed about the "smell," they told her the "smell was so bad you could smell it walking down the hallway" so she asked them(which was pretty smart) "So has anyone rather then you and the owners reported the smell you claim comes out to the hallway?" The landlord stumbled his words and said "Well...well...the owners and I did but...no...no other reports."

It went on like that for awhile, her asking them why they didn't do this and going on to say that it sounds like he was aware of my cats and was fine with it.

So I'm crossing my fingers, hoping things will turn out right...

[Sally]

I hope so too Kyle.

You deserve a break every now and then and of course a big HUGG!

You know I love you,

Sally

[MaryEllen]

Sounds good, Z-man. I'll keep my fingers crossed for ya.

[Guest NatalieRene]

Ok I'm done the call. The lady has 30 days to decide and get back to us. It really sounds like the case went my way, though. You never know, though, so I wont get my hopes up too much because I don't need to get knocked down anymore then I have.

Anyway, she pointed out the long gap in time that they hadn't "done anything" with me about my cats...I told her about the old landlord contacting me a few times well I in my new place, that he had talked to me about my cats(He contacted me about fleas and I said I had my cat de-flead so he said it was fine). Then he landlord said "well if he had known about the cats he would of wrote it down on the lease saying Kyle could have them, like he did with the others." She then pointed out something I thought was smart. That the fired my old landlord because he didn't always do as what they thought he did. They said "well, he worked for us for 18 years so we thought he would" she replied "well he didn't, am I right?" and the new landlord sighed and said "yes."

Then the new landlord went on and pressed about the "smell," they told her the "smell was so bad you could smell it walking down the hallway" so she asked them(which was pretty smart) "So has anyone rather then you and the owners reported the smell you claim comes out to the hallway?" The landlord stumbled his words and said "Well...well...the owners and I did but...no...no other reports."

It went on like that for awhile, her asking them why they didn't do this and going on to say that it sounds like he was aware of my cats and was fine with it.

So I'm crossing my fingers, hoping things will turn out right...

That was the judge asking them questions like that? You totally got it. It sounds like she ran them through the wringer.

[Guest Zabrak]

Thanks everyone and yeah it was the judge that was the one asking them all the questions. She asked me a lot less questions then them. The landlord seemed a little angry at the end.

[Guest NatalieRene]

Thanks everyone and yeah it was the judge that was the one asking them all the questions. She asked me a lot less questions then them. The landlord seemed a little angry at the end.

Yeah because gosh darn it the judge made them look stupid in front of the entire court room. Judges are good people and it sounds like she knows they are full of it based on the fact that she asked why no one else complained if the smell was so bad and why they waited all this time to make a claim. It's a good bet they won't get what they are asking.

I would purse further legal action against them after this because they slandered your name and interfered with you getting new housing under false pretenses. You don't have to do it for a lot of money but you need to defend your name and reputation.

[Guest Zabrak]

I got the leter from the lady.

I won.

[Guest Donna Jean]

YES!

I KNEW IT.....I KNEW IT.......I KNEW IT!!!!!!!

CONGRATULATIONS, ZAB!

LOVE & HUGGS!

DEE JAY!

[Guest Maelee]

WOOT!!

Congrats!! Score 1 for the good guys!!

So does this mean you are safe now in your apartment or can the land lord keep harrassing you?

Love and *hugs*

Mae

[Guest NatalieRene]

I got the leter from the lady.

I won.

That's awesome Zabrak. I never doubted the outcome for a second. The question is did you get any restitution for them slandering you and interfering illegally with trying to find new housing?