In The Zone

February 19, 2009 9:47 AM

My fiance and I made the mistake of renting from a young friend of mine who just bought her first house here in London, Ontario, Canada. We have been here since November 1st with nothing but trouble - construction which pushed back our move-in date by two weeks and then continued for weeks afterwards, incredibly loud dogs (she has 3 dogs upstairs who are almost always in cages) not to mention domestic fights from upstairs.

We were supposed to have heated tile floors, but they do not work and we have lost all hope that they'll be fixed and to top everything off, our fridge has stopped working 3 times now and the process of getting it fixed has

Now we have found out the the next door neighbour has "reported" us - apparantly she bought the house under the assumption that it was already zoned for a 2-family dwelling, and it isn't. We are being told that they have to come in and remove our fridge, stove, and apartment door "just for the day" when the inspector comes, to convince the inspector that we are simply two couples who have known eachother for a long time and are sharing one house with a single kitchen.

Obviously, this sounds like bad news and dirty business to me. The inspector will be here March 3rd and I need to know first and foremost what the dangers are if (s)he doesn't believe this sad attempt at bypassing the zoning law. Can they force our eviction until proper zoning is achieved? Should we demand some kind of rental discount? Should we break our lease and get out as fast as we can (we have a 10 month lease that is up the end of August)?

posted by DecemberRaine to law & government (9 comments total)

Sounds like you need a lawyer.
posted by Electrius at 9:49 AM on February 19

Contact your local tenant's association and explain the situation. On the face of it, it seems that you would be well within your rights to break the lease if the landlord is renting out the space illegally.
posted by sid at 9:50 AM on February 19 [1 favorite has favorites]

Yes, they can force your eviction. I'd make myself scarce on the day of inspection so you're not forced to lie to the inspector about the living situation. I hope this apartment is some sort of crazy good deal, because you're getting totally screwed if you're paying anywhere near market rents.
posted by electroboy at 10:31 AM on February 19

I'd just move out. What's she going to do? Take you to court for moving out of an illegal apartment?
posted by 6550 at 10:31 AM on February 19 [2 favorites has favorites]

This 'lease' is nothing but an illegal agreement they made with you.
The situation doesn't look like it will be a good one for you no matter what happens with the inspection (dogs, arguments, repairs).
Definitely find another place.
posted by artdrectr at 10:35 AM on February 19

Someone could simplify your situation. With the information in this post and in your profile, tracking down where you live is easy. Contacting the appropriate agency to warn them in advance that, on the date you specified, they have a visit scheduled with a couple who is attempting to conceal that they are renting out part of their property... It may not be as easy (oh, bureaucracy!) but it's certainly more than possible.
posted by splice at 10:59 AM on February 19

I can't give you any information about your housing issues but you do need to speak with the Landlord and Tenant Board. Their office in London is located at 150 Dufferin Avenue, Suite 400 or call them 1-888-377-8813. The people at the counter will be able to provide information. As well there is Tenant Duty council located at that office who may also be able to assist you. Neighbourhood Legal Services may also be able to provide you with information in regards to this situation. Good luck.
posted by googlebombed at 11:12 AM on February 19

Do you go to Western? Housing Mediation Services might be able to help.

But, man, if I were you, I'd get right outta there. It sounds like every shitty rental situation I've ever been in rolled into one.
posted by pised at 1:54 PM on February 19

Your lease is invalid. They've lied to you and taken your money. You owe them nothing. If it makes you feel better, they're the ones who took the friendship for granted, not you. Don't pay them another dime.

Begin looking for another place, but common sense tells me that the municipality (or your "friends") would have to pursue an eviction action in court before doing anything, so you at least have time to move in an orderly fashion.
posted by dhartung at 1:46 PM on February 20