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rspann wrote:First of all, you come to the right place for legal advice. He is not supposed to cut lights or water for any reason .To get her out hehas to give a month's notice notwithstanding any agreement contrary to that. To evict ,he has to go to court and he cannot move her while it's in court. But on a real op, if you light candles in my building, worse, leave it and go home, I woulda want you out too. I like how you make up the story about him hitting on your wife though. Make it look like that is what started the whole drama. Go read the bailiff act and the land tenants and ratepayers act ,very interesting.
Tarantula wrote:Hey Tuners, need some advice from a legal perspective.
My wife has been renting a commercial space for her salon from the same landlord who owns most of the commercial properties in Rio Claro. She has been renting for the past 9 years and rent is always paid on time. She has never had any issues however within recency the following has happened:
- Landlord tried a thing on my wife (not physically but verbally) and she put him in his place
- A couple days later there was a strange person sweeping the building. She called the landlord to find out if the person was an employee since the jewellery store in the same building was robbed a couple weeks ago. The landlord proceeded to cuss her out and tell her she too fussy and to get the f*ck out of his building
- On Thursday my wife left the shop for her worker to lock up who did so but left the a/c and lights on and left 2 candles burning. Lighted flames are against the building rules so we accept that we did wrong. This however is the second time her worker left the lights & a/c on, there was never a previous time when lighted flames were left unattended.
- Landlord called again and cussed her out and insisted he wanted her out of his building in the morning (today). We went last night to the shop and extinguished the candles. The landlord cut the power to her shop and has not put it back on. We are trying to call him however he is not taking our calls. The mall manager said that he insists that my wife has to get out.
I acknowledge that we committed a wrong and if she has to move, she would do so.
My questions:
- How long does she have before she is required to leave? Is there a time period like 1 month or 3 months? I think it is impossible to leave immediately
- Is the landlord right in cutting off the power & leaving it off? No power = no income but rent is running
- Can the landlord have her evicted legally? Are there enough grounds for him to do so?
- What rights de we have as tenants?
Thanks in advance tuners. Bless.
Tarantula wrote:@RedVEVO you are correct, there is no rental agreement as same was promised to be delivered after occupying the space however same was never done and I guess we were negligent in following up for it. Landlord still refuses to turn on power but states 'rent is running' and to take him to court he doh care. I am still undecided about going to court as the more time the business is down = loss of customers = loss of income. Plus I'm sure he would pay off everybody else so I would lose no matter what. Note the tenant wasn;t the one cussing, it was the landlord cuz he tried a thing behind my wife and she put him in his place and made him a fool. Mind u he has a reputation for doing this and is losing tenants but we will just have to relocate I guess.
MaxPower wrote:Hello Op,
I understand the seriousness of the situation and I really hope it works out.
Please forgive me for asking, but do you have any pics of the wife?
rspann wrote:I like how you make up the story about him hitting on your wife though. Make it look like that is what started the whole drama.
88sins wrote:rspann wrote:I like how you make up the story about him hitting on your wife though. Make it look like that is what started the whole drama.
boi, if only you knew how often incidents of landlords trying to go after female tenants occurs, whether they married or otherwise, you might actually realize it may not be a made up story.
I would agree here you do have some rights as a verbal agreement can stand up in court but the fight is not worth itairuma wrote:I have learnt that to succeed you need to choose your battles. In this case OP, if the landlord spoke inappropriately to your wife for the first time after 9 years.... this will sound like you made it up. These kinda people usually don't do this in an organized way IMHO. Either way, if the man interested in your wife, you should be happy to find another place to rent but the candle being lit in the first place will kinda work against you here and the longer you take, the further the word would spread.
It it were me, I would spend all of my effort removing my things from the current rental space and finding another one with a civil landlord. No need to make a lawyer happy and tie up the court's time for this since either way, I would not want to have a landlord like that.
ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.
Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space
88sins wrote:ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.
Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space
in short, it makes zero sense paying a lawyer a whole lotta $$$ to fight a case for something that is not now nor will ever be yours, where that you have to pay someone that doesn't like you to stay in.
ronsin1 wrote:I would agree here you do have some rights as a verbal agreement can stand up in court but the fight is not worth itairuma wrote:I have learnt that to succeed you need to choose your battles. In this case OP, if the landlord spoke inappropriately to your wife for the first time after 9 years.... this will sound like you made it up. These kinda people usually don't do this in an organized way IMHO. Either way, if the man interested in your wife, you should be happy to find another place to rent but the candle being lit in the first place will kinda work against you here and the longer you take, the further the word would spread.
It it were me, I would spend all of my effort removing my things from the current rental space and finding another one with a civil landlord. No need to make a lawyer happy and tie up the court's time for this since either way, I would not want to have a landlord like that.
Your time and effort should be looking to relocate.
Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.
Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space
RedVEVO wrote:88sins wrote:ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.
Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space
in short, it makes zero sense paying a lawyer a whole lotta $$$ to fight a case for something that is not now nor will ever be yours, where that you have to pay someone that doesn't like you to stay in.
You didn't threaten Court action on your Boss for a wuk ?
So what happen now ?
88sins wrote:RedVEVO wrote:88sins wrote:ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.
Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space
in short, it makes zero sense paying a lawyer a whole lotta $$$ to fight a case for something that is not now nor will ever be yours, where that you have to pay someone that doesn't like you to stay in.
You didn't threaten Court action on your Boss for a wuk ?
So what happen now ?
What happen now, little yeasty RedVAGINA, is that those situations are not comparable
In my instance, I never threatened anyone, I simply enlightened a former employer (that was of the mistaken impression that I'd willingly be his or anybody's lackey & just do whatever I'm told simply because he pays a salary) indirectly that wrongful termination has legal & financial consequences & he quickly came to the realization (within moments I believe) that if it went to court, when I won (notice, i said when, not if) he'd have to spend another few hundred grand for his actions. In my situation, [b]there was no downside for me. In op's situation, there is downside for them.[/b]
To the OP
As other 2nrs mentioned, it all boils down to picking your battles. If it's a case where you stand to make a substantial windfall, & you have a greater than 80% chance of winning, it makes sense to pursue it once the gains are going to be more than the expenses, including the intangible costs. But going by what I could see from your case, you'd really come out better if you & the wife just L.I.G. & relocate ideally to somewhere close by if at all possible.
88sins wrote:ok RedVAGINA aka Desideaddick v2.0
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