Debra, i have a friend who has a commercial lease. The landlord has decided to sell the building and it’s to close on 30

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Customer: Hello Debra, i have a friend who has a commercial lease. The landlord has decided to sell the building and it’s to close on 30 September, the new landlord wants to do renovations so he doesn’t want Daniel, who rented the property. There was a clause that he should tell them 4 months before the renewal date. He missed the date but he has several emails telling the landlord indicating that he wants to remain.Could you help us with this issue?Hear from you soon.ThanksJohn
Answered by Debra in 1 hour 1 year ago
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Debra
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Debra
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Debra
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Customer
This is for Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Hello John,

When you say he sent several emails to the landlord is this the old landlord or the new landlord? And when he sent these emails what was the reply?

Customer
I will answer you later day with relevant data. Thanks. john Nauss
Customer
You’ve been helping us on our eviction notice.
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Debra, Expert

I am happy to help whenever you're free. Don't feel rushed because you likely realized I'm pretty well always here.

I am Jewish and our new year is starting this evening so I might not be around quite as much but given that it's Covid there's no family gathering so I should not be absent for much of the night.

Customer
Oh yes. Happy Roshannah! My birthday is ***** 26th, I think it’s Yom Kipour?John
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Debra, Expert

Actually, this year Yom Kippur starts on the Sunday night but happy birthday!

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Debra, Expert

I certainly don't need the information today and in fact I'm really tired and I'm going to go to bed early for a change.

I'm just writing to keep this question active so it doesn't fall off my open list.

Customer
Thank you for that.
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Debra, Expert

Talk to you tomorrow I hope!

Customer
please. More to the afternoon.
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Debra, Expert

Perfect.

Customer
Hello Debra, I have the contract and explanation details of Daniels current situation. Can I email the details to you? Or do I have to place them one by one on here. There are about 10 pages, including the lease agreement. Thanks and please advise. John
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Debra, Expert

You can send an email to the site but it's not likely that I will get it from them until Monday. And sometimes I'm not sure I do get them at all to be honest. So I think probably the best approach would be to perhaps copy and paste everything and I don't know if you're working from texts but you can work on your computer if that will help.

Perhaps I don't need to see all of this. I don't see why I would need to see the lease when we know it's a fixed term lease and he had to give four months notice and he wanted to renew and he missed it.

What I'd like to see is if we can determine through email that the old landlord consented to the renewal of the lease even though he asked late.

Customer
Patrick is the estate agent who was handling a potential buyer. He buyer offered to keep Daniel on but the structure of the building would be altered in that Daniel would loose some space in the front including the display window. Daniel was not happy about that. He said in this letter that he was interested in staying.
Customer
Patrick is Nathan’s real estate agent who was looking after the Lochiel shop.
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Debra, Expert

But let me make sure I have this right.

Daniel is hoping to negotiate with the new owner and he put in all these details of what he would like but the new owner never accepted the offer, is that correct? And in terms of having a lease nailed down before the new owners took over, Daniel made the mistake of not renewing on time. Is that it?

Customer
they didn’t accept. In fact, the estate agent said this new owner is a different one. They claim Daniel didn’t let them know in time that he was interested in renewing the lease October 1. The clause in the original lease Inforsaid he would have let them know 4 months before the lease comes due if he is to remain. Here in this email, he states that he wants to do that and it is before the 4 months date. They claim Daniel didn’t tell them.
Customer
Evidently the deal is not yet closed.
Customer
He had spoken with Patrick and the landlord over the phone his intention to stay.
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Debra, Expert

Then Daniel should tell the new owner when there is one that he has a fixed term lease because he renewed the original lease in time and whatever the seller told the new owner is not accurate and that he will not be leaving without an order and he will sue if he's been suffered damages as a result.

Does that make sense?

Customer
This is where in the lease it says the renewable to be carried on if he informs them. The estate agent and land lord have copies of those email.
Customer
Patrick ignored it, and the landlord ignored his calls.
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Debra, Expert

So are you saying he did or did not give the written notice in time. At first I thought you said he didn't and then I thought you said he did.

Customer
In the copy of the lease page I sent you, he has to let them know 4 months before if he wants to stay. Patrick says the email I sent you here does not indicate that. Daniel did not send a separate email with regards ***** *****
Customer
If we count the email to Patrick on the 24 March, Daniel indicates he wants to renew the lease for the next two years.
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Debra, Expert

And that is a position he hast to take and it may be that he'll need a lawyer to send a letter asserting his rights.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Customer
There is no way to assert Daniels rights with the buyer, estate agent and owner except he has to get a lawyer to do it? I guess we couldn’t put a lean against him?Or, should Daniel contact the new owner and inform him of his rights?Do you know ball,park figures how much a letter like that would be? We would have to retain a lawyer then?
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Debra, Expert

Yes Daniel should contact the new owner and inform him of his rights but I was thinking that our lawyer's letter would be more effective.

I think a lawyer would charge several hundred dollars.

Customer
I wish you could do something like that. I would gladly pay your fee. Let me present it to Daniel to see what he wants to do. We are strapped for cash and rent is coming round again. Who’d a thought we’d be in this crazy situation.
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Debra, Expert

I know. It's a difficult time for everyone. I am retired though so I can't do it. Otherwise I would.

Customer
Is this a case for small claims?
Customer
One time you could put a lean against the property. How possible is that?
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Debra, Expert

You cannot register a lien on the property unless you first get a judgment. You can sue for up to $35,000 in small claims court.

Customer
Wow. I thought it was $25,000.00
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Debra, Expert

It went up several months ago.

Customer
Okay. We are a bit confused as to who to give rent money to. September is already paid for. I really don’t know if we can afford the lawyers letter at this point. If I get some cash advance on Monday from CERB, we may go ahead.Thank you for helping me with the research. We have a strong case. If Daniel would have only sent a specific letter, then these guys couldn’t create a loop hole. These guys are councilmen on The local city council and one of them has a ministry or church. They are all are in Each other’s pockets.
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Debra, Expert

That's really troubling.

I think you give your rent money to the landlord that you always give it to you until you have instructions from that landlord to do otherwise.

Customer
The former landlord, Nathan, has not contacted Daniel at all. The new landlord has, and said he has other properties. Daniel is upset and doesn’t know whether or not to trust this guy after the tricks they are pulling.
Customer
Sorry, Nathan did inform Daniel, scratch that last comment.
Customer
I misunderstood.
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Debra, Expert

OK

Customer
I used to have a warehouse rented and the landlords were very good to us. I guess I lucked out. Things were simple in the early 90’s. Not that things were “better” but they were simpler and easier to do a contract with someone. I’m sure you see differences.
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Debra, Expert

Well right now I would say things were better in the 90s but 2020 hasn't been the greatest year.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!

Customer
Hi Debra, thank you. Some things developed regarding Daniel. He is from Sarnia, ministers son etc. It was there he was attacked as a bystander by the police, lost the first law suit because so much was rigged.Cue to current circumstance, the Realter is also a councilman, and the owner Nathan also a councilman. The new owner is a developer and they are harassing the lady who,owns the building next door. They want to own the whole block you see. The police have been harassing her as well, but we know no more details.Daniel was afraid maybe the police might come and harass him. It’s troubling to think that but these guys act aggressively and are full of tricks.We were thinking of dropping it into small claims, but with this new revelation I’m not so sure.Any thoughts?
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Debra, Expert

I don't see why the police would do such a thing. But maybe Daniel needs his own lawyer.

Customer
H
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Debra, Expert

Your post got cut off.

Customer
Will answer later.
Customer
It has been 14 years since the original raid that was done to the wrong address, which Daniel was beaten up by police because they’re aggressive. He barely made it out alive and then lost his lawsuit later on when they started to discredit him as being gay. That was in 2009.There are two councilman and the builder who are known to be dirty and have the police and other authorities in their pocket. Had Daniel‘s original suit been one, it would’ve split open the corruption it’s there. But I guess it wasn’t meant to be.So he’s concerned that they may just decide to call their buddies and go and harass him because he’s taking them to court.I think once we leave because that’s what we’re working on doing now this week, he can still launch a lawsuit against them except it’ll be at a distance, and they can’t touch them so easily here.Who knows maybe the whole thing and re-opened again on the hospice is that it’s human rights violation, but I know there’s some specific rules around that.
Customer
You’ve changed your picture to some books.
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Debra, Expert

If you be my profile picture that's really odd because I haven't done a thing. Although I thought it was always pictures of books but maybe I'm wrong. In any event, if you or Daniel are worried about his safety I think you need to be careful and first retain a lawyer before taking any further steps.

Customer
We agree. I admire your tenacity and words of wisdom. We will bow out for now. Thank you.
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Debra, Expert

Enjoy the weekend.

Customer
Hi Debra, a quick question about Daniels commercial lease. The land lord informed him around the 10 August that he was on month to month. He also said the new owner doesn’t want to renew the lease with him so he has to be out by 30 September. Closing is on 1 October 2020.
Do they have to give 60 days notice if they are month to month on a commercial lease? Daniel was informed on the 10 August. Thanks
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Debra, Expert

How much time Daniel gets her notice would be set out in the lease.

Customer
As you know he had 4 months prior to the finish of the year lease to negotiate the next 24 months as per lease. If they could not decide on the amount of rent to pay on the new lease, it would be done according to the arbitration Act etc.The landlord said he was month to month and he would put him in contact With the new owner when the deal closes. That was 11 August.Daniel then gets an email from the new owner/landlord on the 25 August introducing himself. But the deal closes on the 1 October. In that email he says he wants the place empty because he has plans for,the place.I understand that the new owner cannot contact Daniel before the deal is closed?I sold a residence for my deceased friend as executor a few years ago, and even though the deal date was made, we were not allowed to contact the other party without the estate agent present, a week before the deal closed.So the old landlord stated in an email on the 11th August that Daniel was month to month. Then 6 days later he is contacted by the new owner, who does not own it yet, that he wants the place empty because he has plans. I thought he’d have to give Daniel a month, once he has possession on Oct 1, then he has to give Daniel his month to leave?
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Debra, Expert

There is no reason why the new landlord cannot contact the tenant. This is a commercial tenancy.

Daniel can refused to go and hope for the landlord doesn't lock him out. It would make more sense for Daniel to have a letter threatening the new landlord with a lawsuit if he harms his business by locking him out.

Customer
Right. Just to bring you up to speed, we have learned that the next door shop was taken over by people whose son is a Sarnia policeman, the Remax agent who bought the place is an ex-Sarnia police, the next door owners husband is also an ex Sarnia policeman. The estate agent is known for his aggressive tendencies with his family and has had trouble, and he is also a councilman, as is the former owner. Common to Sarnia are “heist houses” where police claim they are dealing drugs, and even if they aren’t, drugs are planted. Once the arrests etc., are done and reported in the papers, it goes into the numbers they need to gain funds to “protect” the community. Daniel grew up in Sarnia, in the poorer areas stuff like this goes on. So, Daniel, because of his former experience, feels unsafe to even go there that the police will come along, plant evidence and haul him and whomever is with him away. Even his mum is worried because she used to be a school, principle and his dad a minister there so they know about the dirt that they cannot do anything about, hence they live in another part of the province far away from Sarnia.Since yesterday Daniel has had several episodes where his headaches and PTSD disability has kicked in. When that happens, he has to let it pass and recuperate. This has been a bad month for him actually.I advised him to not get angry and play the diplomat. I suggested he write a brief email to the new owner and explain his disability situation and buy a couple weeks more so we can empty the place, there’s a lot of stuff there that needs sorting and liquidating but can get rid of it all in a couple weeks. I would pay rent for those two weeks if agreed to if the new landlord lets it happen.As for the other stuff, I know it could be hearsay, but there is an element of truth to it. We are doing our best not to get bogged down by it.
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Debra, Expert

That's definitely the best approach and I hope it works.

Customer
Thank you. Have a nice night and Happy Yom Kippur. By the way, when I was growing up, my grand parents used to raise geese or ducks, chickens etc., and they’d do their own butchering. My grandfather was taught to do the kosher method, which was taught by his parents etc. In doing the genealogy, I found my fifth great grandfathers name was Abraham Levy, Tancook Island. He came over in the 1760’s from Pennsylvania making him the first Jewish family to settle Nova Scotia.. they became Christian over the years and a former Jewish antique dealer I knew told me how many Talmuds and other scriptures and memorabilia he sold from those families. So some of the traditions do exist.
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Debra, Expert

That is so interesting.

Thanks for sharing that and also for your kind wishes.

Customer
Just to let you know, the pressure of losing everything and his whole vision crumbling, past beating with the results and PTSD, Daniel became fragmented. Luckily with my counselling skills and focus I’ve been able to help him pull things together. He’s a lot better but not fully out of the forest so to speak. We have an appointment with his doctor on Tuesday I believe, and social services are helping him to get onto ODSP, some thing he has not been able to get on for over 10 years. The worker is a specialized worker that he was teamed up with on Friday. This person turns out to be from Sarnia and actually used to play with Daniel when they were growing up. He indicated that Daniel would have a lot of back pay coming to him in excess of 10 years. The chat said he had never seen such a huge file in his whole life which is what attracted them to that case.We have been hoping and focussing on somebody within the system that would be able to help him like that, who knew him etc. We did not know anybody consciously, so we put it into the hands of the universe And exercised the seventh option, namely that there is a solution other than we were able to find.The worker said that this was a human rights issue.
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Debra, Expert

Thanks so much for letting me have this excellent update!

Customer
Hello Debra, we just concluded the LTB session a few moments ago. She said she would be speaking to the eviction notice of January 2, and not so much to the N11s tat have been signed. The opposition said it has been 487 days since the original signing of the N11 with Tim. We entered our evidence and demonstrated that this place was being used as an Air bob and we were being shunted on for higher rent. That the process of the landlord moving into the unit was obviated and we were coerced into signing an N11 for the sale to go through and to move us on. I said on the N2 that there was lack of bone fides, as you recommended, and the land lady was not moving in or her immediate family as per the law.The opposition kept saying that there was no coercion but he helped by extending the N11, which I said originally was the one we were forced to sign, and they are renting it as an Air bnb, now they switched to 6 month tenancies.The adjudicator or madam chair, said she has all our information from the previous proceedings and it will be taken into consideration. They have to rule on the Eviction notice of January 2, 2020. she mentioned that we had earlier suggested 24 June next year as a date to be out by and took that in or later, she smiled and nodded.The original witness they had, Gotham, was not present, it was him we wanted to cross examine.So, I don't know where it is now, just with them. She said she would make a decision soon, next week or so...If given the permission to stay till next June, that is fine for the winter for Daniel to recuperate and my business to build itself and we get cash to move.It is amazing that as a renter, we have very little rights really. After living here for over 9 years, we have invested, over $100,000.00 and that should count for something. That is what rent is about, to allow sitting tenants to have a house and rent for a long as they need.I hope we were heard. I guess anticipating the possible fact that we may be kicked out in a heart beat has us under stress.Any thoughts?
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Debra, Expert

I think she is going to let you stay until June.

I sure hope so and please don't forget to come back and tell me as soon as you hear please.

Customer
that is my focus and attention. I shall remember to let you know the put come. Maybe we need to put together Daniels story and do some crowd funding on it. I figure if you do it right, change the names and places to protect the innocent, if it goes out to LGBTQ2S ( such an acronym) community, many will sympathise. I explain to Daniel that there are people in the world who want to help but they know that they can’t help directly, so these particular fundraisers are there to allow people to participate even if it is $10 from them then they have helped. I knew the gentleman responsible for the whole non-member donation platform of the Mormon Church. People don’t want to be involved or a member but they want to take part. That arm of the church, because of him, raised the yearly donation of 2.5. million in 1985, to the current $60 million plus. All that from non members. Potential for sure.So for sure I shall share with you the results. Thanks again.
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Debra, Expert

You are very welcome.

Customer
Hi Debra, we just yesterday got the notice to leave by 30 November. They basically ignored our original N11, June 1999, the one we were coerced, and then only paid attention to the N11 January 2020. They demonstrated that we were not under duress, but extreme stress. We said the original duress was with the N11 signed in June 1919 to vacate.She considered more time but said enough had been given and another 8 months was too long.We didn’t get to question a previous witness who was the one who had us sign the documents, she said it was not valid, in the second session. That was silly because The current manager was a different person.So, we are looking actively. I hope we find something soon, we notice rents have come down, and landlords are not so haughty.
I guess the only way would be to get rich suddenly, and drop it into a provincial court. You aptly said in the beginning that the law was for the wealthy.So thank you for helping, I’m glad you were always there. Pray my income improves. I make radionics devices and train people, it’s a holistic healing system based on energy and dowsing. If I get at least one order soon, I have five people waiting to order but they are waiting for the first one to be shipped from my technician who is in India. That gives me three months rent ahead. COVID has prevented he whole issue, so I am behind in training.I tried to register with JustAnswer but they wrote and explained they have no platform for holistic healing, yet. It would have to be medical.Best wishesJohnPS if you know of any places for rent, let me know.PPS. I am going to approach my nephew who is filthy ***** *****ving in a 10,000 sq foot mansion in Bermuda. I saw an apartment building for sale at 2.2 million and figured out it would profit 50K in its current state. He could use his credit card to buy it, but he is a tough challenge, being a stock broker so he only knows derivatives etc. I’m thinking of approaching him. We have a fairly good rapport.
Customer
Are you still around?
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Debra, Expert

Yes I am now.

I will read what you said now.

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Debra, Expert

I don't think it would be medical. I think it would be health and I think it is great if you can become a health expert.

I am sorry about this very bad news.

That is great that rents have come down. You may be in luck.

Customer
Hi Debra, you know my case we just lost. Could you give me an estimate of how much it costs to file a motion to stop the eviction notice? I understand you have 30 days to lodge a complaint, and the court would stay the eviction till it can review our plea? It’s like the dismissed the original document and then only payed attention to the N11 in January that had us evicted? That they, the Property management who sold this place took advantage of the legal loophole?Thanks, ***** ***** you later.
Customer
PS...I have had some cash come in to move, guarantor challenges. I also sent a request to the landlord if they would extend my stay here by one week, I offered to,pay double the rent for the week for the inconvenience.
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Debra, Expert

I would think a lawyer will charge you a couple of thousand dollars to bring the motion.

Customer
Hi Debra, to follow up. We finally landed a place last Friday. I had sent an email asking the landlord to extend a further 4 to 5 days offering to pay him double the rent. He refused and said he would follow through with the LTB order. That means we had to be out by Monday.When I signed and everything came together, they said we could start to move in by the weekend, except an hour of signing, they sent an email stating they would allow us to move in a day early. I fired back an email asking about the weekend and why we couldn’t? She replied that the supervisor was away because of a family matter and he has the control of the keys, they did not. I had to reschedule the truck for a Monday suddenly, and there was nothing available anywhere in the GTA. A wider sweeping check revealed there was one available on Monday in... Aurora! I had no choice so took it. It had to be back next day by 8:45. As you know it rained buckets on Monday we could,not load the truck. Plus several people who were going to help backed out. In the end we packed all night and moved two loads in, one third was left. No time.The the landlord said he would be coming over at 10 to collect the keys. We were about to, put more in when he showed up. He didn’t want to let us in anymore but asked,” Oh did you remove all your things?” Daniel replied an emphatic no. He asked “why not? “ I said we got a place by Friday, I offered extra money, we have always paid our rent in 10 years, but your wouldn’t let me. I reiterated about the truck which was by then late. He then said,” Oh, are you upset? Because I don’t take this personally.” I said it wasn’t fair and had he given the extension, everything would be taken care of. He said you had over 500 days to move! Which I remarked that was a ridiculous and taunting comment. He asked Daniel if he had a set of keys to which he said no. When asked why not, you’ve lived here for 10 years. Daniel informed him he hardly left the house so didn’t have a set because he was disabled. George Frasca replied” Well, good luck to you “ preposterously. We had to leave. He wouldn’t let us in. In there was our food, some clothes, laundry detergent, Daniel had his paints, an artist, a couple flower urns, the piano, an expensive humidifier, lamps etc.Then it downed on me, a friend of ours did have a set of keys. He would come and visit when in town and would, et himself in. He went away to his sister in Ottawa because his apartment had burned and the land lord tried to move him on and disallow first right of refusal. Ours was denied, and the court case, the judge skipped over the earlier defence we put in for the N11 we were tricked into and only paid attention to the eviction January 2, 2020. She also didn’t let us question a previous witness of the other side, the one who negotiated our fir N11. The second interview was more focused on the landlord and they were represented by a paralegal. Maybe I should have hired one. But money was running low for us.Anyway, I went by to check mail and noticed nothing had been done. Maybe I should get the keys from my friend and go in and just get the important things?Any comments to offer?By the way, the new place is smaller, we are unpacking, it’s more expensive. They said the electricity was $60 a month and that was with the base board heaters on. If you don’t have them on, it’s cold. The domestic water is substandard, Daniel took a bath because of his PTSD to calm down. He started to scream because part way through we ran out of hot water. I fired off an email asking why there was no medicine chest and towel rack in the bathroom. Plus the tap, with a pot sprayer IKEA version, was not attached to the sink and makes it hard to use, it literally lifts off the counter and falls into the sink, the whole tap. They said they professionally had painted the trim, and yet clearly there were nicks and chips out all over and there was no smell of fresh paint.I found a thermometer, and checked the water. It has only raised to 125 F a few moments then it drops in temperature, and runs out. Sometimes the water surges extremely hot, then cold. They said they’d pay attention to it. I suggested to set the thermostat at 180F because that is what we did at our other place and we never ran out of hot water.We are not in a third world. Tomorrow we will see what it brings. I am running a tally of the water temperature. Since I have worked with my dad on plumbing and a master plumber who was a Landlord whilst at school, I understood furnaces and boilers. In the UK was familiar with the demand boilers there. We are not charged for hot water or water in General.They also had an odd bit in the lease saying the 13th month was free, on any of their units. I think that’s dodgy, because I thought it meant the last month we are here was complimentary. In essence it means we would pay $1650 instead of $1800 monthly.
Customer
should we sneak in to get some things? I guess that’s trespassing,Any sage advice or comments?Thanks John
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Debra, Expert

This is not advice but if it were me I personally would sneak in but this is not my advice. I'm just telling you what I personally would do.

Customer
I hear you. Are there consequences that you know of if someone did that? My partner said he didn’t want to go to gaol. I went to check for mail and saw nothing outside or cleared yet, so they are organizing renovation woild appear. So he just did it to be vindictive.
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Debra, Expert

I guess if you were caught and they called the police you would be charged. I'm not a criminal lawyer but I think it's definitely a concern.

Customer
Well..a story. There was once a young man who wanted a simple job. He wasn’t the brightest bulb in the box, but the farmer gave him the job of culling potatoes, Small, medium and large. After a mornings worth of work, the young man went to the farmer and said he has to either be paid more and he has to leave as there is too many decisions to make. The farmer said he only had to cull the potatoes into the relative three groups to which the young man replied,” Yes, but every one is a decision. Too many decisions to make. The job is too stressful!Any way, thanks for your input. Bed time now.
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Debra, Expert

Good one!

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