#tenant law

[legalservices-ks]

Landlord and Tenants Dispute Lawyers Mississauga

Let KS Legal assist you with your concerns. In Mississauga, our lawyers are experts in landlord-tenant disputes. We specialize in all aspects of landlord-tenant law, particularly in resolving problems with your landlords under the Residential Tenancies Act.

[onebizarrekai]

basement gang activity…

[sarah-yyy]

the worst part of this job is client interaction because i can really be out here asking y/n questions and my client will literally tell me every single thing EXCEPT the answer to my question

[orcelito]

Several months late, the landlord finally picked up the dehumidifier from my kitchen

Would've been nice had I been told they were coming though 💀 so I could've cleaned up the grocery bags on the floor that I hadn't put away yet 💀💀💀💀💀

[dontmeantobepoliticalbut]

By Chris Williams

New Yorkers are known for having a temper. Some blame it on the traffic and dirty water hog dogs. Personally? I blame it on the cost of living. If you compare the value of $20 in 1970 New York to $20 in the Big Apple now, the cost of living has gone up a whopping 677.46%. A big part of that increase has been housing. Back in 2012, a man ran an entire campaign premised on the rent being too damned high. But, man, if you thought New Yorkers were pissed about rent prices back then… wait until they really can’t afford rent.

Before we even get to the obvious ethical issues involved with Clarence Thomas and Samuel Alito sitting on this case despite receiving lavish gifts from landowners with a vested interest in this matter, it is worth taking a second to reflect on the Supreme Court’s drift from just a decade ago.

It would still be newsworthy if the Court decides to even hear the case. A little over a decade ago, James Harmon tried to bring a very similar case to the Supreme Court, arguing that the New York’s rent stabilization law constituted a taking. The Court ultimately decided against hearing Harmon’s case. With that in mind, read an assessment given based on that case a decade ago in The Tenant:

“If the Supreme Court chooses to consider the Harmons’ lawsuit, it would mean that four Justices—presumably Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito—believe there is a valid argument for a radical expansion of property rights, that destroying legal protections for tenants is as much an idea whose time has come as abolishing racial segregation was in 1954.”

It can be startling to see how quickly opinions on the judiciary can change. In framing the above quote, the author brought up the importance of precedent, citing cases like Roe, Brown, and Lawrence v. Texas. The thinking at the time was that even if the Court wasn’t the biggest fan of a given outcome, it’d respect the decisions of the jurists before them. Clearly written before Dobbs and Sackett, but the rest ages pretty well.

Now we’ve subbed Gorsuch into that foursome that couldn’t come together… and added Kavanaugh and Barrett.

The YOLO Court era has arrived. Because who’s to stop them?

If the Court gets rid of rent control, it is hard to understate the significance it would have on the lives of New Yorkers. From Lever News:

“Samuel Stein, a housing policy analyst at the Community Service Society, an anti-poverty organization in New York, said if the Supreme Court were to overturn the rent stabilization law, ‘It’s the end of New York City.’

‘Rents would go up significantly around the city,’ he continued. ‘There will be a tremendous amount of displacement. You will have a lot of people leaving New York City, you will have a lot of homelessness, you’ll have a lot of overcrowding.’”

There was a point in time you could rely on the Court to respect stare decisis. Dobbs and Bruen show that’s no longer the case. If ever a Court was willing to get rid of the 50+ years of rent control, it would be the Roberts court.

We should find out if they will hear the case by the end of September.

[bigassbowlingballhead]

i shouldn't have to see political signs outside my place of residence that raise my blood pressure.

[untitledesquire]

I’m a Tenant Defense Attorney, and wanted to share some tips that I think are the most important things for tenants to know/do regardless of jurisdiction (insert generic “this is not legal advice” disclaimer here):

Important disclaimer, I practice is Massachusetts and our laws may differ from your. I am going to give general advice applicable to most situations, but please defer to subject matter experts in your own state.

1) Communicate with your landlord exclusively in writing. In a lawsuit you will need to demonstrate your attempts to give notice of bad conditions and issues to them, and it’s very easy for them to lie if there’s no written record.

2) If you have a verbal conversation with a landlord either write a contemporaneous dated note or send them an email summarizing your conversation.

3) Take photographs of all bad conditions, with the date stamped on it, and preferable take multiples over whatever period of time they exist (take one dated photo every week for example). You will want as much evidence of timeline as possible.

4) Don’t trust your landlord when they say they are trying to fix something. Even if they aren’t intentionally lying, their interests are generally very different than yours. Stay on their necks for as long as the issue exists.

5) Call your local board of Health or Code Enforcement office if your landlord fails to make repairs. Their reports are excellent evidence.

6) If you are a low income individual call your local legal aid organization. Every state has a LSC funded organization, and you can search them at https://www.lsc.gov/about-lsc/what-legal-aid/i-need-legal-help?address=

7) Don’t be afraid to ask for help or organize with other tenants. You are strongest together and no one deserves to lose their home.

8) Even if you like your landlord, don’t trust them to have your best interest at heart. I know it sounds cynical, but your survival/housing is a business to them and they will evict you if given the chance to make more money off of another tenant. Contact a lawyer or any organizations that can advise you, and know your rights before agreeing to anything or engaging with your landlord.

[milkweedman]

managed to fuck up my wrist to the point that i can pop the radius back into place but it just comes right back out as soon as i stop putting tons of pressure on it. also it hurts so bad :/

have caught myself genuinely considering breaking my wrist several times now so that i can get some kind of treatment or medication for it. bc the baby tylenol level shit that pain management gives me is um. literally not doing a single goddamn thing. as always.

[jdsquared]

Bava Metzia 101b

[monsterhugger]

they don't tell you when you become an adult that sometimes you might be on the phone for 3 hrs bc the company you rented an apartment from just kinda stopped existing so you have to figure out where tf your rent checks are supposed to go

[maddie-grove]

My sense of authority is wavering a lot today. On one hand, the guy who runs the pizza place where I sometimes eat lunch asked me for legal information. On the other hand, I was effectively menaced by a Canadian goose who set up shop near my car.

[moinsbienquekaworu]

You know what's unfair? Any very specific knowledge I learn online from people who do know a lot about this one area has pretty significant chances of being completely useless to me, just because I'm never going to live in the US

[ifindtheartifacts]

Just emailed the housing website about the landlord 😬 oops

[katierosefun]

cannot believe i’m studying for my property exam by telling my landlord that hey, buddy, did you know by doing X, you are actually breaking the law. tenant rights to quiet enjoyment of the premises!

[citylawns]

I had to leave my flat because yesterday my mentally unstable neighbour became so enraged at the sound of me walking around my bedroom in my socks she tried to kick my front door down and was verbally threatening me and refusing to let us sleep by screaming at us and I don’t know what we can even do because she’s a council tenant

[seemabhatnagar]

Failure to show alternate accommodation by the tenant led to the success of eviction petition of the landlord

Nisar Ahmad v. Agya Pal Singh,

Rent Control Revision 367/2018

Before Delhi High Court

Revision Petition was allowed by Hon’ble Mr. Justice Najmi Waziri J on July7, 2023

A wife is neither an appendage of nor an adjunct to her husband. Her identity does not merge with or get subsumed in her husband’s identity. In law, she retains her individual entity. She retains her natural right to pursue her dreams, aspirations and the desire and need to be financially independent or otherwise do some meaningful social work. Idle luxuriation may not be the life-goal of many a woman or to be simply known as a rich man’s wife. There is a certain self-worth which a person acquires by running her or his own business/commercial enterprise, vocation and professional activity. This aspiration cannot be questioned in proceedings for eviction of a tenant on the ground of bonafide requirement of the tenanted premises.

Background

This is a case filed by the landlord Nisar Ahmad for eviction of his premises given on rent to Tenant - Agya Pal Singh which happened to be a shop on the ground floor.

The journey to litigation which began in the year 2009 came to an end recently on July 7, 2023 when Delhi High Court allowed the Rent Control Revision of the Petitioner-Landlord.

In between the legal battle which took about 14-15 years, cross cases were filed by the either side. Sometime one party was aggrieved by the order and sometime the other. Matter was taken even to the Supreme Court through Special Leave Petition by the tenant but SLP could not stand in the Supreme Court and it was dismissed with leave granted to the tenant to defend before ARC. Evidence was led by the parties and Eviction petition of the Landlord was dismissed in the year 2018. Against the dismissal of his petition, Landlord filed the instant Revision Petition before Delhi Court.

Fact: -

Justification by the Petitioner-Landlord: -

ORDER OF THE RENT CONTROLLER-

This is not the shop in dispute this is a shop got vacated by the landlord and it was situated in the narrow lane. Whereas the shop in question was situated on the main road therefore obvious expectation of the landlord and his daughters was more footfall.}

Whether a small shop was suitable for the landlord to start his business from or suitable for his daughters‟ enterprise, is for the landlord and the dependent daughters to decide and not for the tenant or any other party to determine or dictate.

The order delves into the examination of nature of business being carried out by the wife and how it was being run.

Observation of the Delhi High Court in Revision

(Against the dismissal of Eviction Petition of Landlord by ARC)

Decision:

The married daughters are dependent upon their father for space to start their business in Delhi. The dependency was not pleaded on the husbands. The petition is maintainable. The daughters need continues, so does the need of the petitioner.

No suitable alternate accommodation has been shown by the tenant or otherwise brought on record.

The landlord has established a case for eviction of the tenant from the ground floor.

Accordingly, the petition is allowed. The tenant-respondent is directed to vacate and hand over to the landlord-petitioner the peaceful physical possession of the tenanted premises.

Seema Bhatnagar