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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 10-02-2009, 07:03 PM
whattodonow whattodonow is offline
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Default friend in need

Hi,

It's been a while since I've had to post anything and I guess I should count myself lucky that for all intents and purposes things between my ex and I are acceptable. Se 30 was 1 year since separation and I am in SUCH a better place now than I was then. It truly is amazing to me.

but that's not why I'm here. I am here again because a close friend needs help and I just don't know where else to turn to help. I did get some great advice here so I thought that SOMEONE here may have some idea of what to do.

here's the situation: my friend and her ex have finally separated after quite a while of bad blood between them. he has cheated numerous times and now he has emptied the bank account 2 days before rent is due for the second month in a row leaving her with no way to pay the rent. her landlord let it slide the first time but not any more. now the sheriff has become involved and she'll be forcibly evicted on monday with nowhere for her and her 2 girls to go. Meanwhile he's at his new girlfriend's place which was paid for by the rent $$$ he took from her account.

Because of his financial mismanagement (I'm being kind there) her credit is ruined. so here she is with two kids, no way to get the $$$ she needs for back rent, no time to get a new place before the sheriff comes and literally nowhere to go. she has a great job and makes good $$$ and can easily cover the rent as long as he's not taking her cash.

So my question(s) to everyone here is what can she do? What options does she have? Is there any help available for her govt, private or otherwise? I'd step in myself but I can barely cover my own life right now and I just am not able to do anything other than try to find answers for her.

I really do appreciate any info or advice any of you may have. Thanks.

Richard
  #2  
Old 10-02-2009, 08:45 PM
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wretchedotis wretchedotis is offline
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Hmm.. well first thing to do, I imagine, is get a new bank account that that loser has no access to...
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Old 10-02-2009, 09:46 PM
representingself representingself is offline
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It takes quite a while for a Landlord to get an eviction order.... and when I say that, I mean MONTHS.

There is a lengthy process involving the Landlord and Tenant Tribunal, which is like a mini court. The Tenant is legally 'served' with a notice to appear.

The tenant is given multiple opportunities to pay the rent arrears....with many time extensions.

After failure to meet the repayment agreement, the Landlord then has to apply to the Tribunal again.

The tenant is given more time to pay.

If the tenant then fails to pay, the Landlord has to apply to the tribunal for the right to call in the sheriff to physically evict the tenant.

The sheriff gives the tenant another formal notice.

I assume your friend appreared before the Tribunal, and failed to follow through with her agreements? She had to see this coming for a long time.

Unfortunately, if she has let it get this far, then there is nothing that she can do. She will be physically removed from the property if necessary.

If the Landlord hasn't followed these steps, he can't make her go anywhere, until he does, or she can sue and he will be subject to huge fines!!

She should contact her local social services department (Ontario Works), but if she has a decent paying job, she probably wont qualify for any assistance. They may help her with a short term loan for 1st and last months rent on a new place.

Otherwise, she will need to call upon friends and family, or enter a homeless shelter until she can find suitable accomodations.
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Old 10-02-2009, 10:01 PM
whattodonow whattodonow is offline
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oh believe me...I know all of this. The trouble is HE is the one that was dealing with all of this keeping her in the dark the whole time. The lease isin both their names but the landlord has only been dealing with him directly. It seems that most, if not all, of the info has not been passed on to her. This has all just been sprung on her and that's why she's so distraught. I have to wonder if this borders on fraud or even theft just with the way things have played out. I have suggested a lawyer for this but without being able to come up with rent money I don't see coming up with a retainer being any easier or timely.

But with that said I will certainly pass your words on to her just in case some of the steps haven't been met and maybe she isn't so bad off.

Thanks.
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Old 10-02-2009, 10:10 PM
Mess Mess is offline
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If your friend is in Toronto, send her to the Rent Bank. They will loan her the money interest free for 2 months.

They won't help out with first and last, for moving purposes, but your friend is better off settling things with her landlord even if she has to move. Otherwise she will end up with a collection agency after her (landlords usually have an account set up with collectors already) and a ruined credit rating, etc. Better to settle up and ask him for a decent reference when she applies at her next place. If she pays in full he may even call off the eviction, or work something out so she voluntarily leaves in a couple months.
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Old 10-02-2009, 10:28 PM
representingself representingself is offline
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Have her contact the Ontario Landlord and Tenant Board immediately.

Landlord and Tenant Board home page

They can put a stop order on the eviction.

Do the Rent Bank thing to pay up the arrears, and the Landlord wont be able to evict her.

Once she explains all of this to the Tribunal, I doubt they would evict her. The Landlord has a legal responsibility to serve BOTH of them if both of their names are on the Lease.

I don't think he has grounds to evict if she was not properly notified!

Good Luck!
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Old 10-02-2009, 11:32 PM
billiechic billiechic is offline
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your friend can get free legal advice on tenant matters from a Community Legal clinic. They can even advice her how to fill out forms. here's the link
Legal Aid Ontario - Links - Community Legal Clinics
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Old 10-03-2009, 10:06 PM
whattodonow whattodonow is offline
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Thank you all so very much. I've passed on all this info and hopefully something good will come of it. I feel so useless not being able toreally do anything to help other than get this sort of information for her. But I guess in the end it's more than she had before and that can only be a good thing.

Once again this forum has helped me out. Thank you so much to everyone here who passes on help to others. You really are an asset.

Richard
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Old 10-03-2009, 10:46 PM
representingself representingself is offline
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Richard,

You are doing good things for your friend by taking the time to research, posting on this forum, and helping her find a way out of this mess.

She is lucky to have you... Good Luck
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