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OmegaMachine
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Registered: 10/02/12
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Last seen: 10 years, 2 months
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Tenants Rights
#17178120 - 11/07/12 09:58 AM (11 years, 6 months ago) |
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So, i'm chilling with my room mate smoking our vape in the living room, when all of a sudden
-> a wild Landlord has appeared! duh Na uh Na Na duh Na Na duh Na Na Du nah….. duh Na Na… what will you do?
-> All jokes aside, i feel my rights as a tenant have been breached by my landlord freely walking into the house in which i have a room in.
-> He walked in, said what's up, washed his hands in the sink and left. He asked if everything was okay and said he was just stopping in at another house. He didn't see the tree all over the table or the vape but maybe lol. Not that i really care about that...
--> Is there anything i can say/do that would not cause suspicion/drama with my landlord and at the same time require he give notice? -> Is he already required to give notice and just DGAF? edit*** -> Also, thank you for pointing this out, i forgot to mention i live on Ontario, Canada. Pretty important point 
Thanks guys!
-------------------- -Grain to Grain - Will never use another method as long as this is an option. -Coir - Cheap/Effective/EASY -Monotubs - So hands free Edward Scissorhands could do this shit. -SAB - See Coir. Earthlings
Edited by OmegaMachine (11/07/12 10:16 AM)
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Thank you for your comprehensively detailed question. Based on your information I presume you are in a tribal area of Niger. Please consult with the village chieftain or council elder and ask what his ruling is. This will be your answer.
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OmegaMachine
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Re: Tenants Rights [Re: johnm214]
#17178217 - 11/07/12 10:17 AM (11 years, 6 months ago) |
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Added a location. -> What other info would be helpful?
-------------------- -Grain to Grain - Will never use another method as long as this is an option. -Coir - Cheap/Effective/EASY -Monotubs - So hands free Edward Scissorhands could do this shit. -SAB - See Coir. Earthlings
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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In Ontario it looks like he violated the law. Unless it was an emergency or to perform cleaning or some other purpose he was required to perform per the terms of the lease, he can't enter without at least 24 hour notice. I don't see any exceptions to this other than showing the apartment to others in which case he needs to make reasonable attempts to notify you.
See: http://www.ontariotenants.ca/law/act03.phtml#RTA26
As for not pissing him off, there's not much you can do- you're going to have to talk to him. First I'd just ask him if he would mind giving you notice before barging into the apartment and to knock rather than just barging in. If he won't do that, then you can bring up the legal requirements.
This assumes nothing in the lease allows him to do as he pleases. Under the law cited above, it seems like he still must give notice even if the lease allows his entry, but I'm not sure how things work in Ontario.
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OmegaMachine
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Re: Tenants Rights [Re: johnm214]
#17178295 - 11/07/12 10:35 AM (11 years, 6 months ago) |
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Thanks! I just did a bit of research myself and found this http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111677.html which pretty much says the same thing.
I guess i have my answer, i'll do just that and try do to so in the nicest way possible lol. I guess it's better than having to consult with the council.
-------------------- -Grain to Grain - Will never use another method as long as this is an option. -Coir - Cheap/Effective/EASY -Monotubs - So hands free Edward Scissorhands could do this shit. -SAB - See Coir. Earthlings
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Alan Rockefeller
Mycologist

Registered: 03/10/07
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I'd change the key - buy the same lock and switch it. If he complains that his key doesn't work anymore, give him a new key, and as you do make him promise to give 24 hours notice before entering, as required by law.
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Cyclohexylamine
Turn on, Tune in, Drop out



Registered: 09/08/10
Posts: 14,327
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Yup - johnm214 is right. The law in Ontario (here) does not allow landlords to enter without giving 24 hours notice except in the case of an emergency. This instance clearly was not an emergency.
(Even if it says he can in the lease, he still cannot - we have really good tenant protection laws in Ontario).
-------------------- Yes this is tymo - I just changed my name Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world? There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K Something abut that anaesthetic rush... Qualitative Research Chemical Effects and Experiences The Wonderful World of Methoxetamine The 3-Meo-PCP Chapters, Part One
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ch1ck3n.s0up
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Yea that's pretty rude. He's supposed to call or email the day before.
-------------------- "Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station "Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.
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smegzilla69
StrangerDanger


Registered: 09/02/12
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in the us. thats legal they have the right to check their property at any time especially if its in the contract.
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EVERYTHING I SAY IS A LIE!!! N ALL MY PICS R STOLEN WORTH EVERY PENNY!!!!watch it pay for it self in # of high yield flushes! SO DOPE "The true sign of intelligence is not knowledge but imagination. " Albert.
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Enlil
OTD God-King




Registered: 08/16/03
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Loc: Uncanny Valley
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Quote:
smegzilla69 said: in the us. thats legal they have the right to check their property at any time especially if its in the contract.
WRONG. I know of no state that gives a landlord such a right. In most states, any clause in the contract that gives the landlord the right to enter without notice is void.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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OmegaMachine
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Re: Tenants Rights [Re: Enlil]
#17198721 - 11/11/12 12:44 AM (11 years, 6 months ago) |
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Hey guys! Thanks for all the great responses! The issue kind of faded i guess and i forgot about the thread lol! But thanks for all the great responses, it seems my landlord was in the wrong. Next rent check i send to him will be accompanied by a calmly written letter explaining my legal requests.
-------------------- -Grain to Grain - Will never use another method as long as this is an option. -Coir - Cheap/Effective/EASY -Monotubs - So hands free Edward Scissorhands could do this shit. -SAB - See Coir. Earthlings
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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
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Quote:
smegzilla69 said: in the us. thats legal they have the right to check their property at any time especially if its in the contract.

Learn before giving shitty advice.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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CidneyIndole
www.shroomery.OG



Registered: 05/16/05
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Loc: Love's Secret Domain
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Re: Tenants Rights [Re: Enlil] 1
#17200338 - 11/11/12 10:04 AM (11 years, 6 months ago) |
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Quote:
Enlil said:
Quote:
smegzilla69 said: in the us. thats legal they have the right to check their property at any time especially if its in the contract.
WRONG. I know of no state that gives a landlord such a right. In most states, any clause in the contract that gives the landlord the right to enter without notice is void.
VERY wrong. Also, @ smegzilla69-- not sure how stoned you were when you wrote your signature, but Einstein does not begin with the letter "I"

Quote:
"The true sign of intelligence is not knowledge but imagination. " A.I.
AND it's ironic!


sorry, man. I needed the laugh.
-------------------- ------------------------ I am me. We are You.
Edited by CidneyIndole (11/11/12 10:51 AM)
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smegzilla69
StrangerDanger


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ok there guy i was just in court for this in ny eat a dick b4 giving shitty advice
--------------------
EVERYTHING I SAY IS A LIE!!! N ALL MY PICS R STOLEN WORTH EVERY PENNY!!!!watch it pay for it self in # of high yield flushes! SO DOPE "The true sign of intelligence is not knowledge but imagination. " Albert.
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CidneyIndole
www.shroomery.OG



Registered: 05/16/05
Posts: 4,762
Loc: Love's Secret Domain
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Quote:
smegzilla69 said: ok there guy i was just in court for this in ny eat a dick b4 giving shitty advice
Defensive, much?
Enlil, above, is a lawyer. I'm not, although I have my own reasons for having extensive knowledge of this. This is one of those things that varies a bit from state to state, however, most states have laws which explicitly only allow a landlord into the property under certain, particular circumstances. Usually with advance warning and permission of the owner, case of emergency, inspection prior to moving out, and real-estate walkthroughs.
Maybe you have reason to think it's otherwise, but you haven't given any of your reasoning. You'd be more likely to convince people or engage them in meaningful discussion if you provided elaboration, instead of "eat a dick," which, IMO, makes you sound not only rude but pretty immature.
While luvdemshrooms' comment may have come off as a bit blunt, he was telling the truth -- you gave shitty advice.
-------------------- ------------------------ I am me. We are You.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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NY, in fact, requires a landlord to give "reasonable notice" before entering a unit except in cases of emergency.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Quote:
smegzilla69 said: ok there guy i was just in court for this in ny eat a dick b4 giving shitty advice
It has never happened, ever, that people go to court, get a decision, and then, failing to understand the reasons for the decision, make some false statement of law to people here. That never happens.
Unless you can cite some authority for your claim, you witnessing something is worthless. In point of fact, even if the judge ruled as you describe, it wouldn't neccessarily reflect the state of the law. The law says the way things are supposed to be, not how they are- some judge failing to enforce the law is not evidence of shit. (but I'm guessing, from past experience, this was some sort of suppression of evidence hearing that the defendant lost because the landlord wasn't a state agent rather than because he had the right to enter- had the person who entered been a burglar it would have been the same result).
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