I got my first and five eviction I'd like to know my rights in being kicked out of my apartment my year lease is almost

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Customer: I got my first and five eviction I'd like to know my rights in being kicked out of my apartment my year lease is almost up during the December 31st is my last day I have a little baby is 18 months old and a dog and I have no place to go I'm on community housing gear to income and my landlord is saying that I have to pay $12,000 for damage which it's not he estimated that amount himself now what are my rights into fixing everything and not getting kicked out I feel like I've been bullied and pressured and quite frankly taking advantage of what do I do I just feel really intimidated
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Kitchen Ontario
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: All the damage that he said that I caused inside the unit I painted a couple Walls Black and I put peel and stick countertop over his countertop and the residue from the the glue from the back of the peel and stick he says it ruined the countertop which it didn't all you need is rubbing alcohol to clean it off and he's yeah he's good he's charging me $2,500 to repaint the whole house even though the apartment is not even worth that much and you saying that the carpet needs to be replacing the whole unit because it had a few stains in it but I got stains up already from a shampooer I verbally mentioned to the superintendent a bunch of times about cockroaches before I even moved in here I just want to know if I even have a case like if I should just move out into the snow with my daughter and have no place to live or what do I do
Answered by JCLawyer in 5 mins 6 months ago
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JCLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

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JCLawyer, Expert

Have you recieved any eviction notices from the landlord?

Customer
an n5 it's my first one we have first and I've noticed end of Tennessee for interfering with others damage other damage December 1st
it says it is alleged that you have violated section 3 of your tendency agreement some tenants tenant obligations specifically appoints (III) (iv) (v) (vi) (vii) and section 3.04 points (I) (Ii) (iv)
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JCLawyer, Expert

Does the N5 specifically outline what you need to do to remedy the issues?

Customer
I) to use the unit as your personal residence for occupancy by you together with only the people listed in section 1.02 or anyone we may approve of from time to time and writing
(ii ) to keep the unit including any appliances and other areas of facility or facilities we rent to you clean and maintain in a way a reasonable person would and the same price when you move out except from normal wear and tear
(iv) not to allow any activity or permit any condition to exist in a unit and or the common area that may create a health hazard EG collecting and storing a large number of possessions so as to clutter the unit balcony and or common areas
(v) to refrain from doing anything or allowing your guests or agents to do anything in the unit or in the building EG tamper with smoke detectors which would result in a landlord failing to comply with any municipal or other regulatory bodies including without limitations the local property standards health and fire departments (vi) to pay us the cost of any repairs for any damage in the to the unit and or the building caused by any act or neglect by you your guests and or your pests except for normal wear and tear
(vii) to give us written notice of any damage which exists or any repairs which may be needed in the unit or in the building as soon as you become aware of it
Customer
it says you have 7 days to correct the problems described on page two and avoid eviction you will not have to move out if you correct the problems within 7 days after receiving this notice however if you do not correct problems within 7 days I can apply to the board a board for an order to evict you and it says you can correct the problems by repairing the damage damage property or paying me $12,453 32 which is how much I estimate I estimate it will cost to repair the damage property or replacing the damage property if it
is not reasonable to repair
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JCLawyer, Expert

Yes, so what happens next will be a second, non-voidable N5, after such time they will apply to the board for an evction - you can contest the eviction at that time if you do not believe any items on the N5 is reasonable.

Customer
it says she attached to appendices A 3 pages and b 2 pages list of visible damage as follows one the entire rental unit needs to be repainted as you have painted it in dark colors there are holes in the walls that need to be repaired estimated cost to repair and repaint ceilings and walls 3,800 f****** ridiculous I can send you pictures of my my walls there's no holes in the walls so I don't know what the hell he's talking about maybe the whole thing he calls to fix the plumbing and he didn't fix the plumbing it still leaks like a b**** and I said that to him in writing four times now and he hasn't come up here and fix it I can't even have a shower without it spraying everywhere okay number two the rental unit and transfire rated door has been painted over the original wood veneer on the inside and the door has substained damage on the other lower portion where the veneer has been removed it got caught on a garbage bag and a couple strips came off the the wood the door will need to be replaced at an estimated cost of $500 number three the carpet in the entire unit rental unit will need to be replaced at an estimated cost of $2,700 number four it appears that you the tenants have replaced the flooring in the kitchen in an unprofessional manner the estimated cost to remove and replace is $100 never five it appears that you the tenants have painted over tiles in the kitchen destiny cost to replace the tile is $500.6 it appears that you have damaged the kitchen countertop the cost to replace it is estimated $950 I use peel and stick countertop all it is is you peel it off it's a sticker that goes on your countertop number seven the refrigerator provided to you with the rental unit is missing the cost to replace it is $700 I put a stainless steel fridge in here instead cuz the other one was all broken up and beat up number eight the bathroom in the rental unit has been completely destroyed including a missing light cover it cracked and broke I still have half of it still bathroom floors while ceiling sink and vanity that's going to cost repair the bathroom is $1,645 now I use peel and stick
fake brick wallpaper
Customer
the only thing unreasonably is that amount of money like I can like there was a leak from my my shower apparently it was just for me apparently but I asked the landlord to come up and fix the leak but it was only by a verbal and I didn't realize I had to write in and give it in writing I should have read the Tennessee thing to Tennessee agreement over cuz I don't know I was just excited cuz I got a place so I didn't really read it over and so I didn't know that to put things legitly through you had to put them in writing I thought you could just verbally tell them but I asked him to actually change my lock for my front door and I had to end up doing it other guy I talked to him and he gave me the go ahead like he couldn't get around to come change my lock and it was broken for almost a month and anything that I've ever asked me that he's taking forever to come up here and do it like cute so I I noticed that my shower was it was it was leaking since I actually moved in here it wasn't too bad but then after so long it actually was leaking more and more so I figured okay well I could probably just change the fight like the head the shower head and the handle and everything cuz I had a whole set like a whole thing that whole unit or whatever brand new unit that I just bought and I was switching it over and what do you know he comes in he had to come in because there is a leak and I didn't report it to him and he seen that I took the the faceplate off of the shower so they blamed everything on me and now it caused damage underneath and unit 2 underneath me and in the main lobby there's a big big round stain on their ceiling and still there he said he painted it in his hand hasn't been painted yet that was estimated at 500 and something dollars I can I I'll pay for that okay like I'll pay for the water damages and stuff but the whole thing that I disagree with is the panic saying that I damaged The Walls by painting a dark colors I did dark color because I have a daughter and you know having to wash my walls all all the freaking time is just retarded you know like it's just it's easier and better for you know darker colors cuz then you don't see them see it as bad I still watch the walls but and for the countertop I have peel and stick like I even showed it to him and he said that it's it's damaged it's not has even done it all it is is a sticker going on your countertop I just don't understand like and I bought a shampooer for quite a bit of money so I could clean the carpets and clean it those stains already in the carpets when I moved in here and I got them out now you're saying that I have to replace the whole carpet that's ridiculous like their money hungry and I'm on I'm on social assistance I only get like $800 a month and then I get baby bonus that's all I freaking get and he's he's giving me this huge amount of money knowing that I'm not going to be able to pay it so I'm going to be honestly I'm going to be intimidated he already he's been yelled at me a few times maybe cry because I couldn't understand what he was asking me or what he was telling me I couldn't understand cuz he's not Canadian and he has an accent I was already arguing with him about the rent gear to income annual information or whatever and I gave all the information that was required I give to him signal I don't need this I don't need this I need this I need this and it's just yelling at me for no reason and I got on recording I told him I was recording him too like he actually made me cry like and I'm a I'm a freaking strong person okay and I don't cry for anything but when when I know I'm in the right and he's telling me I'm wrong thats not right
Customer
it also says in addition to the observed damage in the rental unit it appears that you the tenants are not keeping the rental unit in the state of original cleanliness there's a large amount of clutter and garbage being stored inside the rental unit it does not appear that the bedrooms are fully reusable there are safety concerns both for fire and electrical so many items have been tampered with the stove top has an aquarium with water directly on top of the burner there are wood combustible items stored on the stove top burners you are using a table lamp within inches of the bathroom sink which is an electrical shock hazard the landlord has observed cockroaches in your rental unit and believes that the unclean condition of the rental unit has contributed to the garbage of these pests in addition you were given instructions on how to prepare your rental unit on or about November 26th 2021 for pest control treatments and you failed to do so what you must do within 7 Days upon receipt of this notice in order to avoid this notice remove all excessive clutter and items in the rental unit so that the rental unit can be fully used for intended purpose and there is a minimum of 4-ft pathway ways through throughout the rental unit nothing should be stocked higher than 4 ft prepare the rental unit for pest control upon recipient of the notice from the landlord that such a treatment will be scheduled to remove immediate safety threats cause he's using lamp in the bathroom and remove items from the counter stove top pay the landlord estimated cost to repair the rental units of 12,453 32 should you decide that you will repair the rental unit you must use a license professional contractor to perform the work who is approved by the landlord this contractor would need to communicate with the landlord to bring the rental unit back to its original condition what you must doing upon recipient of this notice term of termination in order to avoid this notice do you not tamper with any plumbing or electrical infrastructure in the rental unit do not alter install fixtures paint renovate or remove installed items in the rental unit without the landlords expressed written permission do not cause any further willful or let negligent damage in the rental unit cease collecting items and hoarding them in rental unit do not allow use the rental unit in a manner that could cause fire injury or death including the stove top and electrical items
Customer
don't I have the right to have my own contractor come in here and give an estimate on damages why does he have to approve it he might have a Jimmy rigged where he has somebody that's working for him then he's like that
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JCLawyer, Expert

You do have the right to have your own contractor come and fix the issues. You have an obligation to restore your unit to its original condition as when you moved in.

Customer
it says appointment information from the landlord into the board the termination date if this is your first and five notice to end your tenancy in the past 6 months the termination date on page one must be at least 20 days after the landlord gave you this notice so I got this notice on the 3rd or 4th of December
and if this is your second and five notice to on your tenancy in the past 6 months determination date on page one must be at least 14 days after the landlord gave you this notice
it says note, a landlord cannot give you a second and five noticed any tendency unless at least 7 days have passed since the first and five notice was given
Customer
okay so for the amount that he you know he's not a licensed contractor so how how could he be in the right to give his own estimate on him he's not a licensed contractor so wouldn't that be void and couldn't I get another estimate a more reasonable freaking one
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JCLawyer, Expert

Correct - the landlord can give you another N5 notice after 7 days if the issues outlined is not fixed.

Customer
Hi
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JCLawyer, Expert

You can fix the problems on your own, alterantively, his quite should be from a 3rd party. That needs to be provided to the board.

Customer
pardon
Customer
like I've painted over the black that he complained about but I have my one wall I have a little bit of black like I was just like a weird shape and then it has my native stuff all over it no that's the wall I'm leaving until I move out because those are my beliefs those are my with my heritage and if I have to take it down I feel like he'd be discriminating against me you know just like telling me to take down if I believed in Jesus then that's telling me to take down my Jesus picture should I put it in writing that's for the water damages I have no problem owning up for the water damages which is only like 500 and something dollars and the the alarm thing that was trips we are liable for the water damages I understand that and we will take full ownership of course but everything else that he mentioned is just ridiculous damn right gritty so should I type up a legit letter and writing whatever saying that I'll pay for the damages for the water for the leak and for the services that he had to do what what do you suggest
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JCLawyer, Expert

You will in essence have to ask for accomodation for that particular paint, but everything else, you are suppose to fix if you are the individual that broke it.

Customer
I'm sorry can you be worried that I actually didn't understand what you just said there
Customer
the first half you will in essence have to ask for accommodation for that particular paint what do you mean by that
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JCLawyer, Expert

Discrimination is not dealt with by the landlord tenant board, it is a human rights tribunal issue. You first have to ask for accomodation from the landlord - i.e., The wall painted is part of my beliefs, and you will paint it over at moveout.

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JCLawyer, Expert

The actual damages and clutter, that should be remedied.

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JCLawyer, Expert

Is there anything else I can help you with today?

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JCLawyer, Expert

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

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