So, I moved out of my rental in Ontario almost three years ago, but my common-law spouse stayed under their spousal right to assume tenancy. The landlord is refusing to acknowledge my spouse as the tenant and says he doesn’t even know who my spouse is, even though he’s admitted in emails that he does. My spouse tried for months to pay rent, but the landlord wouldn’t accept it, and now he’s coming after me because, apparently, I have a better job. The landlord even told the LTB he wants to pursue me for unpaid rent just because I have more money. How should I handle this?
Sounds like your landlord is really pushing it. Not acknowledging your spouse seems like a bad faith move.
Lennox said:
Sounds like your landlord is really pushing it. Not acknowledging your spouse seems like a bad faith move.
Yeah, definitely bad faith. Did your spouse file anything with the LTB?
Lennox said:
Sounds like your landlord is really pushing it. Not acknowledging your spouse seems like a bad faith move.
Apparently, yes. There’s a T2 application involved, but the landlord’s responses have been wild.
The fact that the landlord refuses rent payments but claims unpaid rent against you is ridiculous. Could you highlight that in your case?
ned said:
The fact that the landlord refuses rent payments but claims unpaid rent against you is ridiculous. Could you highlight that in your case?
For sure. The LTB should hear how the landlord is twisting the situation.
ned said:
The fact that the landlord refuses rent payments but claims unpaid rent against you is ridiculous. Could you highlight that in your case?
Exactly. Plus, refusing rent payments usually weakens their case.
Quick tip: You might want to raise the issue of using the wrong application form (L1) if you’re no longer a tenant. That could work in your favor.
Lior said:
Quick tip: You might want to raise the issue of using the wrong application form (L1) if you’re no longer a tenant. That could work in your favor.
Wait, what’s the L1 form about?
Lior said:
Quick tip: You might want to raise the issue of using the wrong application form (L1) if you’re no longer a tenant. That could work in your favor.
It’s for current tenants who owe rent. If you’re not a tenant anymore, the landlord messed up by using it.
Oh wow, and the lawyer telling you not to speak at the hearing? That’s intimidation. Definitely bring it up.
Jamie said:
Oh wow, and the lawyer telling you not to speak at the hearing? That’s intimidation. Definitely bring it up.
No way, really? Sounds like abuse of process to me.
Jamie said:
Oh wow, and the lawyer telling you not to speak at the hearing? That’s intimidation. Definitely bring it up.
Yep, it’s totally inappropriate. You have every right to speak as a party to the case.
Illegal service of the N4 and the clerical mistakes on the L1 are strong points to raise. Lead with those.
Denny said:
Illegal service of the N4 and the clerical mistakes on the L1 are strong points to raise. Lead with those.
Good call. Procedural errors can get the case thrown out, right?
Denny said:
Illegal service of the N4 and the clerical mistakes on the L1 are strong points to raise. Lead with those.
Exactly! If the landlord didn’t follow proper procedures, that’s huge.