I am renting an Apartment, lease starting 1 August 2019 ending 31 July 2020. The apartment upon arrival was in poor

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Customer: I am renting an Apartment, lease starting 1 August 2019 ending 31 July 2020. The apartment upon arrival was in poor repair. I expressed dissatisfaction to the Building Manager and we signed a written agreement to consider my lease a month-to-month. On Feb 29 I provided 60 days notice to vacate. I resided in the apartment for 9 months and paid 1 last month rent as deposit, plus 8 monthly rents via PAD, totaling 9 months of paid rent. The building manager did not inform the accounting department. Accounting contacted me and I explained myself by phone, and provided an email with the appropriate documents and written agreement attached. Today I received an N4 demanding rent for April 2020, and my building manager is avoiding my attempts to contact. What can I do to protect myself and my credit rating? Am I legally in the wrong, when I have a written agreement signed by the building manager though it was apparently done in secret without having informed the rental company?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ontario, Canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: 1year term. The maintenance and upkeep are minimal. I did indicate the sound of a potential leak in one wall. The building manager acknowledged the email and indicated follow up, but did not. The situation did not deteriorate however.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The building manager frequently neglects responses, and consistently fails to follow through on action requests over the course of the duration of my tenancy.

Answered by Debra in 3 mins 2 years ago

Debra

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Debra

164778 Satisfied customers

10+ years of experience

Debra

10+ years of experience

164778 Satisfied customers

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Debra, Expert

I am sorry to hear of this difficult situation.

Are you saying that the accounting department thinks you are on a fixed term lease still?

Customer

though I provided my explanation both over the phone and by email.

Customer

Hi how does this work? I'm admittedly a bit skeptical of what I can expect for 84$ upfront, respectfully.

Customer

Can you please explain how this works?

Debra, Expert

The site offers a call option for $84. But I don't take calls. I just work online.

So if you want to work online with me let me know and answer the question I asked you.

I am sorry to hear of this difficult situation.

Are you saying that the accounting department thinks you are on a fixed term lease still?

Customer

I answered at 06:00 above: The accounting department thinks I am on a fixed term lease still, yes.

Debra, Expert

That answer is not on my post.

In any event you can send them a letter indicating that they are in error and this is a month-to-month tenancy. You are therefore not paying further rent as the last month rent covers your last month.

You can tell them to confirm this with the building manager and also provide a copy of the agreement that you should have.

Tell them you expect that you will receive no further harassment during your last fee weeks in your home.

Tell them you would like written confirmation that they acknowledge their error.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer

Oh my apologies I didn't know that it didn't send through. Thank you for your reply. It is helpful, as it confirms a few of the actions I've already taken. I provided them an e-mail explaining the situation along with a copy of the agreement on Tuesday 14 April, and then received the N4 form requesting rent today on Friday 17 April. My concern is that they don't believe they are in the wrong because of this action. I e-mailed them again and acknowledged I received the N4 form, and also requested that they acknowledge receipt of the 14 April e-mail, and advise as to their interpretation of my claim. I am purchasing a home at the end of May, this is where I'm transitioning to following vacation of my current apartment. My concern is if they ignore what I'm saying, and they send this to collections or something similar (even if in the wrong) and what that would do to impact my personal credit rating. If this is done, are they legally liable for a false collection claim? Am I protected in any way? Do I need to hire an in-person lawyer?

Customer

correction to above*: I am purchasing a home at the end of April 2020, beginning of May 2020

Debra, Expert

You can have a lawyer send them a letter putting them on notice that if they harm your credit rating in any way you will sue them for damages.

But they cannot harm the rating yourself. They would need to retain the services of a collection agency. That will take some time.

Customer

Ok, thank you very much for your time.

Debra, Expert

You are very welcome.

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