Where can i go to get a legal representative to represent me for my LTB case hearing. Mississauga, no. One year, I left

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Customer: Where can i go to get a legal representative to represent me for my LTB case hearing
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: Mississauga, no
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: One year, I left a month early as requested but landlord refuses to pay my last month rent back
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by JJL11 in 1 hour 2 years ago
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JJL11, Expert

Hello - My name is ***** ***** I'm happy to assist you today. I am an Ontario lawyer who can answer tenancy law questions.

Do you have a hearing date coming at at the LTB ?

Customer
I have a hearing on July 7th 1130 and am look for a legal representative
Customer
to also give me advice on whether or not I have a case
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JJL11, Expert

Can you give me more details about your case ?

Customer
I HAD ASKED MY LANDLORD IF I CAN MOVE OUT A MONTH EARLIER WITH PAYBACK. HE DIRECTED ME TOHIS BROKER STANLEY LU WHO TOLD ME IF SOMEONE TOOK OVER MY LEASE I WILL BE ABLE TO MOVE OUT
EARLIER WITH MY LAST MONTH'S RENT PAID BACK. A MONTH LATER MY LANDLORD SHOWS UP AT MY
HOME AND TOLD ME HIS SISTER WILL MOVE IN AND I HAVE TO MOVE OUT BY THE END OF THE WEEK. THIS
GAVE ME 3 DAYS TO MOVE OUT. I COMPLIED AS MY MONTHS LEASE WAS COMING UP AND I WANTED THE
MONEY BACK AS WE HAD AGREED. WHEN I CAME TO GIVE BACK THE KEYS THE LOCKS WERE ALREADY
CHANGED AND HE WAS NOT THERE. HE IGNORED MY TEXT MESSAGES AND PHONE CALLS ASKING FOR THERENT MONEY. WHEN I ARRIVED TO THE PROPERTY WITH MY BROTHER TO TALK, HE SHOVED MY BROTHER. WE CALLED THE COPS AND THEY TOLD ME TO FILE WITH LTB.
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JJL11, Expert

What date did you move out ? What date was your lease supposed to end ? Did you file your application to the LTB before you moved out or afterwards ? Do you have a text or email from you landlord about giving you back your last month's rent ?

Customer
I moved out February 19 2020 and lease suppose to end March 21st. I filed after I moved out. I don't have texts that states directly that I will be getting my last month back. I do have text of landlord telling me to speak to his broker as the broker will be handling everything. I also have text from broker saying he told landlord to deposit Feb cheque and then have him refund once new tenant moves in. I also have text of me constantly texting landlord about money after I dropped off the key as requested , and him ignoring me
Customer
Do I have any leg to stand on?
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JJL11, Expert

Which type of application did you file at the Board for refund of this last month's rent ?

Customer
Form t2
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JJL11, Expert

I think you should have filed a TI Tenant Application For Rebate of Money the Landlord Owes

What were the grounds you used for your T2 for the refund of your last month's rent ?

Customer
Oh.. I have no clue. I called in to LTB and that is the form they told me to submit
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JJL11, Expert

I see - A T2 is an application made by tenants for problems such as illegally entering rental unit, harassment or threatening behaviour by the landlord towards you or withholding vital services.

Here is a link from the LTB's website about the T2 and the grounds you can use and the remedies you can ask for.

http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T2_Instructions_20170116.pdf

The most suitable ground you can rely on for the T2 would that your landlord harassed you and your brother when you were trying to get your money back. It is good that you have the texts about the refund which you can use as evidence at the hearing.

Customer
The landlord told me his sister was moving in , thus why I had to leave because he had "found someone". When I went to return key and pick up money he was not there and locks were changed... I stupidly left the key in garage for him. But no one moved in and locks were changed. He didn't give me back my last month, would that be considered illegally entering my property?
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JJL11, Expert

Illegally entering your property applies when you are still living in your unit and your landlord enters your unit without giving you notice and getting your permission.

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JJL11, Expert

In your case, you had moved out already when you return the key so this reasons would not apply to your case.

Legally speaking, you are supposed to give 60 notice to vacate a rental unit so your landlord should keep that last month's rent. So having evidence of the agreement you made about him agreeing to refund last months' rent to you is very important.

Customer
I messaged him to ask if there's anyway I can move out a month earlier on January 1st. The house was listed and I had plp coming into the home to see it... Is that considered 60 day notice or no.
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JJL11, Expert

Since you had a lease which did not end until March 21, you would have had to give notice on January 21 that you would be vacating on March 21.

If you moved out earlier than March 21, legally, you are still responsible for the rent until March 21 according to your rental agreement and that is why your landlord's agreement to let you off the hook for the last month's rent is very important.

Customer
Okay. So because I didn't have any of that in writing, only verbally, I'm screwed.
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JJL11, Expert

However, you do have the text from the broker about you getting a refund once the new tenant moves in and your texts to your landlord about your agreement.

Customer
I have the text asking my landlord but he did not reply to it. Does that count
Customer
Also. Can I get anyone to represent me? How much would that cost? I'm not great at confrontation or arguing.
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JJL11, Expert

You can use these texts in addition to the text from the broker.

Since you filed the application, you should go to the hearing and argue your case with the evidence you have and let the Board decide what to do with your case. Usually if you go unrepresented, as many applicants do before the LTB, the Board member is usually more helpful and will explain the law to you.

Since you are not asking for a lot of money back from the landlord, I do not know if it is worth it to hire someone. Since you speak English, you should be able to go the hearing yourself. The hearings are not confrontational because the Board member controls this. You can bring along a friend to help speak on your behalf if you want.

I cannot tell you how much lawyers or paralegals charge for these types of case because each lawyer sets their own hourly rate.

Customer
It is a phone call hearing. I just freeze up when I get nervous. I hope it works out... Thank you Joanne
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JJL11, Expert

You are very welcome.

You can have a friend beside you during the hearing to help you speak if you freeze up. The Board member or adjudicator doing the hearing is used to having unrepresented applicants who are nervous so he or she will guide you through the hearing.

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JJL11, Expert

It would be appreciated if you could submit a rating for my service today so that I can get credit for helping you.

A 5 star rating would be appreciated if you were fully satisfied !

Take care

Customer
Okay. I will try my best to be prepared and have things in front of me. They said to just have evidence on hand... Nothing about submitting it prior to hearing
Customer
Thanks and will do.
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