This news should help to broaden awareness on how the accused is prejudicially at a disadvantage due to biased laws.
Lease rules eased for domestic violence complainants - Nova Scotia - CBC News
Here is how a false accuser will use this law to disadvantage of the accused
1- Make false allegations, get the accused arrested or
2- Get the restraining order, throw the accused out.
3- Right away give the 30 day notice of lease termination for the accuser
4- It may take some time before the accused is out on bail, however the accused is still on hook for the rent since the accuser has only removed themselves from the lease and not the accused.
5- The restraining order will state that the accused may not return to the apartment. they may be allowed once to return to collect some of their belongings however the accuser does not have to comply with the order (my ex did exactly that and even though the police were at the door to let me in and I was there with a rented van to move my stuff, she simply stated “The court order allows him to come in, but doesn’t require me to let him in.” police agreed with her and did not let me in.)
6- Now the accused could not get their chequebook to send the building a cheque, could not go to the building to directly pay the rent nor cancel the lease; or despite having acquired their check book they may well be behind the accusers 30 days’ notice and still on hook for rent.
7- The law also allows the accuser to only remove their name from lease, there is no requirement for the accuser to move out.
8- Since the accused is the last one to cancel the lease, they are on the hook for handing the unit over to the landlord in good shape. But since the accuser is residing there the accused cannot return to the unit to hand it over to the landlord.
9- The landlord will then file for eviction order against the accused, will demand application fees and rent until the eviction is completed. This can take 6 months or more.
10- The accuser may (and most likely will) damage the unit, the accused will be on hook for the repair costs
11- The accused will have to pay all bills directly related to the unit until eviction (stuff you cant cancel i.e. hydo, electric etc.)
12- Given that the family is living in a rental unit, it is more than likely that they are not in superior financial shape, the accused is likely in terrible financial situation after fighting the criminal charges and cannot afford to pay the amounts ordered by the Tenant Landlord board.
13- The landlord then sends the order to collection agencies who in turn report bad credit. Therefore even if the criminal charges are dismissed, there is substantial long term harm done to the accused all the while by the accuser while twisting the law.
Why are canadian laws in a downwards spiral?
Lease rules eased for domestic violence complainants - Nova Scotia - CBC News
People in Nova Scotia who have filed domestic violence complaints would be able to get out of their residential leases early without penalty under proposed legislative changes introduced Monday.
Service Nova Scotia Minister John MacDonell said the changes to the Residential Tenancies Act would allow people who say they've been abused to get out of fixed term or year-to-year leases with one month's notice.
"It allows them to move out of an abusive situation for their health and their family's health and also relieves them of any financial liability that may exist with the lease," said MacDonell.
In order to get out of the lease, a tenant would have to make an application within 90 days of obtaining an emergency protection order and file a domestic violence complaint to police.
They would need a peace bond or some other court order as well as a certificate from the province's Director of Victims Services saying they are a victim of domestic violence.
John Joyce-Robinson, a director of victims services at the Justice Department, said the changes are modelled on similar legislation in Manitoba.
He said that legislation helped six to eight people in Manitoba in the first year it was enacted.
The change was recommended in a 2009 government report on domestic violence.
Service Nova Scotia Minister John MacDonell said the changes to the Residential Tenancies Act would allow people who say they've been abused to get out of fixed term or year-to-year leases with one month's notice.
"It allows them to move out of an abusive situation for their health and their family's health and also relieves them of any financial liability that may exist with the lease," said MacDonell.
In order to get out of the lease, a tenant would have to make an application within 90 days of obtaining an emergency protection order and file a domestic violence complaint to police.
They would need a peace bond or some other court order as well as a certificate from the province's Director of Victims Services saying they are a victim of domestic violence.
John Joyce-Robinson, a director of victims services at the Justice Department, said the changes are modelled on similar legislation in Manitoba.
He said that legislation helped six to eight people in Manitoba in the first year it was enacted.
The change was recommended in a 2009 government report on domestic violence.
1- Make false allegations, get the accused arrested or
2- Get the restraining order, throw the accused out.
3- Right away give the 30 day notice of lease termination for the accuser
4- It may take some time before the accused is out on bail, however the accused is still on hook for the rent since the accuser has only removed themselves from the lease and not the accused.
5- The restraining order will state that the accused may not return to the apartment. they may be allowed once to return to collect some of their belongings however the accuser does not have to comply with the order (my ex did exactly that and even though the police were at the door to let me in and I was there with a rented van to move my stuff, she simply stated “The court order allows him to come in, but doesn’t require me to let him in.” police agreed with her and did not let me in.)
6- Now the accused could not get their chequebook to send the building a cheque, could not go to the building to directly pay the rent nor cancel the lease; or despite having acquired their check book they may well be behind the accusers 30 days’ notice and still on hook for rent.
7- The law also allows the accuser to only remove their name from lease, there is no requirement for the accuser to move out.
8- Since the accused is the last one to cancel the lease, they are on the hook for handing the unit over to the landlord in good shape. But since the accuser is residing there the accused cannot return to the unit to hand it over to the landlord.
9- The landlord will then file for eviction order against the accused, will demand application fees and rent until the eviction is completed. This can take 6 months or more.
10- The accuser may (and most likely will) damage the unit, the accused will be on hook for the repair costs
11- The accused will have to pay all bills directly related to the unit until eviction (stuff you cant cancel i.e. hydo, electric etc.)
12- Given that the family is living in a rental unit, it is more than likely that they are not in superior financial shape, the accused is likely in terrible financial situation after fighting the criminal charges and cannot afford to pay the amounts ordered by the Tenant Landlord board.
13- The landlord then sends the order to collection agencies who in turn report bad credit. Therefore even if the criminal charges are dismissed, there is substantial long term harm done to the accused all the while by the accuser while twisting the law.
Why are canadian laws in a downwards spiral?
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