I have a friend who went to jail and then came back to her apartment (which she was still paying), but she was locked

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Customer: I have a friend who went to jail and then came back to her apartment (which she was still paying), but she was locked out of her appartment. She was never given an eviction notice and they changed the locks and never let her back in. They threw out her stuff and when she called all the right people, nothing was done. She was told to file but she doesn't know how to do that. Since then she moved in with her boyfriend upstairs in the same building and stopped paying rent. New landlords taken over the building and they still have not given her an eviction notice. The boyfriend is abusive and his temper does damage to the building. She stopped paying her rent because for months she wasn't able to get inside her place. The landlord wants her out so bad they lock the door on her when she's outside and tell the other tenants that if they help her or let her into the building then the police will go looking for them. (She has nowhere else to go). Now, I was threatened - told that if I help her or even invite her over as my guest for a little bit - that the cops will come after me and what I would be doing is against the law. Would that even be against the law?
Is there a section when a person goes to jail for a couple months and comes back that says this can happen? She even talked to the cops about this and they said that this was illegal behavior. Can I still help my friend? How much is illegal and how much is legal?
Answered by JustLaw Esq. in 1 min 2 years ago
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JustLaw Esq., Expert

Good Morning. I will be the Attorney assisting you today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship.

Please feel free to ignore any phone service request unless you feel you would like to discuss directly with me as those are sent by the site automatically - otherwise I am happy to continue texting.

Customer
Good Morning!! Okay! Thank you very much. I understand.
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JustLaw Esq., Expert

One moment while I review.

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JustLaw Esq., Expert

How long did she vacate apartment for?

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JustLaw Esq., Expert

where are you located?

Customer
I think she vacated the apartment in January when she moved upstairs.
Customer
We are at*****
Customer
Brantford, Ontario
Customer
All the people she talks to say she has a case. But a threat like that, from the Super of the building dominoed down from the landlord needs to be taken as serious.
Customer
I don't have that much money to call you...
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JustLaw Esq., Expert

Sorry I am in US I will opt out.

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JustLaw Esq., Expert

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

I am sorry to hear about your friend's situation. I am reviewing your question and will reply shortly.

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JustLaw Esq., Expert

Can you tell me whether your friend continued to pay rent while she was in jail ?

Customer
Hi, Joanne ~
Thank you so much for taking me on and yeah, it's not an easy situation..
Customer
she continued to pay rent while she was in jail
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JustLaw Esq., Expert

I will review the legal avenues she may have for this difficult situation and post back with my reply in approximately 35 minutes as I will be offline for the next half an hour.

Your patience is appreciated.

Customer
Thank you very much and I understand. I actually need to head to an appointment soon anyway haha. But I will be available after as well.
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JustLaw Esq., Expert

Thanks for your understanding !

Assuming that you and your friend's landlord did not get an eviction order and just changed the locks and go rid of her possessions, your friend can file a T2 Application about Tenants Rights with the Ontario Landlord and Tenant Board. If she does not know how to complete the form or what remedies to ask for, she should contact the Brantford Community Legal Clinic for help since her case is complicated

Here is the link to the Clinic's website http://www.bhnlegalclinic.ca/contact-us/

In the T2, your friend has to indicate that her landlord changed her locks without giving her a replacement key. She has to explain the facts of what happened. She has ask the Board to order that the landlord compensate her for her belongings, as well as other expenses incurred for the unlawful eviction as well as order that she be allowed to move back in. However, if her unit has been re-rented or there are no vacancies in your building, the Board cannot order this. Your friend as one year to file the T2 from the date of the actual eviction.

The T2 can be efiled which I recommend and your friend should ask for an urgent hearing. The Board is currently holding hearings by telephone due to COVID 19 but normal processing should be resuming shortly.

Here is the link from the Board's website for the T2 Application and instructions on how to file

http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T2.pdf

http://www.sjto.gov.on.ca/ltb/forms/

Your landlord cannot threaten you or other tenants to scare you into compliance and not helping your friend. A landlord also cannot evict a tenant or change the locks if a tenant is in jail for offenses that did not occur in the rental property as long as the tenant is paying rent.

Here is a link to a helpful fact sheet from the Advocacy Centre for Tenants in Ontario on what remedies to ask for on a T2 application. https://www.acto.ca/production/wp-content/uploads/2017/07/1-Tip-Sheet-My-Landlord-Evicted-Me-Without-Following-the-Law_ENG.pdf

Hope this answers your question.

Customer
Hi Joanne!! Thank you so much!!!!! I will let her know right away!!
After my appointment I wasn't able to see things up close for a while, (they dilated my eyes) and I became very very tired.. and i ended up passing out.
Thank you so much for helping me and my friend with this, it really means hugely really. ��
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JustLaw Esq., Expert

You are very welcome !

It would be appreciated if you could submit a rating for my service because that is how I get credit for helping you.

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

Take care

Customer
Take care ~ and I'll rate you. I am fully satisfied lol. I hope the rest of your day is well!!
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