Landlord tenant question

[AndyL]

Of course the damn gov't phone line is closed when people actually have these problems...

Quick question, we went through a dispute with our landlord, basics - mouse infestation; & after 9 months they refused to call an exterminator in "theres a park across the street - they come in". Wife was pregnant, this was not a good match & our relationship with this landlord had gotten extremely confrontational (They were in for monthly inspections, coming onto property without notice blah blah blah).

We were bad yes, canceled novembers rent cheque; advised we would be moving december 1st - take our damage deposit as last months rent (there's more to this - walk through inspection is null/void - thus she can't hold anything from it), she gave us an eviction notice for the 21st; went to the dispute resolution service, they filed a judgement for $1085 for 1st-22nd rent...

Movers did some damage on move out (two holes in the wall - elliptical trainers apparently should be torn down before being moved - pedal & arm thing made some smallish holes).

Never heard anything from them through november, december... No accounting of the damage deposit, I just decided to move on with life; not wanting to deal with her anymore.

Today I get a letter from the bank - "Garnishee summons" For the 1085 (+65$ for filing fee or whatever) - what I'm assuming she's kept the damage deposit to cover...

Where do I go from here, the summons doesn't say anything about appealing; queens bench is closed...

Thanks in advance,

Andy

[Weapon_R]

Looks like they went to court and got a judgment for unpaid rent. You can't appeal just because you didn't bother to show up.

[AndyL]

That judgement came from the original LTDRS hearing; back in november... She didn't return damage deposit - (1500$ for what I can only asume would be to cover the november rent) so she's able to collect novembers rent twice somehow?!

[Weapon_R]

I may have missed it in the posts, but did you pay for the repairs to the damage you caused to the walls?

[AndyL]

Still waiting for the price - she's never returned my calls about damage deposit; so I had to assume after more than 2 months, it was covered by the damage deposit... Of course never received an accounting for it... However at exit walk through we agreed - damage should be less than 415$, and she'd deduct november rent - and that would be the end of it...

[IhateDomestic]

Q: Did you sign any contract/agreements when you/b4 you moved in?

And yes, she probably did take the DD to pay for the months you were not there + the damage you did in the basement because that is what I did/do to tenants, BUT the tenants I govern are under contract, so fuckers can't try and take advantage of situations or exploit real estate loop-holes (ie. Renting, destroying, then disappearing; 3 month court rule, etc.)

[Xtrema]

So you went to dispute resolution and the outcome is $1085 against you. Did you pay it? Any record of it?

If you did, did you walk through with landlord on final inspection? And decided that landlord is keeping the damage deposit? Any record of it?

[AndyL]

Yes, we did sign the typical 1 year lease, however the mediator at the dispute resolution service agreed that the lease was to be terminated effective Nov 22nd (and reduced nov rent - we were originaly planning/expecting to pay to december 1st).

No did not pay the 1085 judgement against us (just not possible coming up with DD+1st months + existing rent in the matter of 2-3 days).

We did do a walk out inspection; where it was agreed they'd take off the 1085 for Nov + damage repairs; and they'd send me the accounting (they've still not returned my requests for this information) remainder + interest. So no I have no receipts - landlord would have to provide this...

For the record, our reasoning for leaving was a mouse infestation and the landlords refusal to deal with it; combined with a very hostile relationship between us (my wife was getting extremely irate with all their inspections (13 in 9 months, 4 days taken off work for repairs that never happened) refusal to fix the major wiring problems (that were to be repaired the first month we were there). We weren't out to use any loopholes - or wreck the place, however the place was becoming uninhabitable...

[Xtrema]

Just as I thought, you didn't pay. Landlord kept the damage deposit for the 2 holes and stick you with the bill for $1085 out of the judgment.

With asshole like that, you should get everything on paper and not just words.

[AndyL]

Well, RTDRS already said - the "intake" inspection wasn't valid; thus in theory if I wanted to push it - she's not allowed to withhold anything... We did the damage, the movers will pay for the damage - if I ever get a damn invoice...

In court it wont go so bad - most of our encounters were recorded after the crap we went through the first month... Got pretty much all our discussions recorded either on camera (installed a wifi security camera w/ mic - due to them coming onto the property regularly without notice) had the digital camera recording during exit inspection; if I knew they were coming, usually had the digital voice recorder in my pocket too...

Yes thats how bad things got...

[AndyL]

Ok, so even though I was trying to avoid hashing through all those lil details...

Basic question still remains - which office do I want to be standing in at 9am tomorow to get this appealed/resolved?