Penguins

No doubt this mess is far from over - but did get a bit of penguin worthy news today....

The ex parte order for eviction has been issued and will be in a mailbox by "the end of today."

Another fun day

Another fun visit to the house in yet another attempt to respond to the squatter's maintenance demands. Notice was given on Monday that we would be there today at 11.

We showed up with the deputy fire chief - he was there at our request, as we wanted to address her concern about the "fire hazard" .... the snippet of her note is actually very funny if y'ask me... what she neglects to mention is that they demanded the deck be removed and did most of the work; the patio door was fixed when they moved in - with a brand spanking new handle, even - and THEY broke it; and the 2 inside doors she "needs" for the bedrooms she has no right to be using anyway are CLOSET doors, 1 of them for a closet which has actually never had a door because it is an odd configuration.

Is there something in the Landlord and Tenant's Act that says bedroom closets must have doors?

Anyway ... her whole list is complete & utter nonsense, but I've covered that already, so....

We do, however, need to address the issues around the patio door - they've knocked it off its track so there is a gap to the outside and that will not do under Tay Township property standards.

Our plan WAS to reseat the doors and then seal them up, but since the squatter not only refused to leave as per the notice, she brought in her very mouthy and aggressive sister, we were unable to have R. enter the unit to make any repairs at all... another conversation caught on video ...boring though, just so you know.

So we wound up once again having to fix it only from the outside... did the best we could without access to the interior, and, of course, without spending copious amounts of money, since we don't actually have copious amounts of money and are, in fact, now in the hole by $2900 and counting.

Won't be at all surprised if J. removes it again.... but police officer, bylaw officer and fire chief all now have documented that we have addressed her concerns for her safety.

Anyway .... once we got back home, was sitting here trying to do some other work and the thought just crossed my mind....what if the fax didn't actually go through? 

I did get (and keep) the confirmation slip ... but still..... shit happens .....and honestly, in my life, shit happens a LOT.... what a NIGHTMARE that would be ... if we were sitting here waiting out the week to ten days it supposedly takes to get an ex parte order or, God forbid, a hearing date....

Anyway ... since I was having an anxiety attack, I called the Board - CS person told me that there was nothing showing yet (OMG!?!?!) ... but not to worry ...that just means it hasn't been processed yet... can take up to 72 hours from time it's received, blah blah blah....

not to worry? uh yeah.... no....    So she is going to email the office I faxed it to (Barrie area is covered by the Mississauga office) and ask someone to call and let me know either way. So NOW I am sitting here waiting to hear back from them.... fully aware it won't likely be as quick as I would like it to be though.

What a freaking NIGHTMARE!

Anyone wanna buy a house?

Aggravating

Got a phone call from bylaw officer re: "no heat" in the apartment and other "deficiencies" .... by the time I get home from work, too late to call her back as requested...and I work early on Tuesdays, so I wrote a rather lengthy email, clarifying a ~few~ points ....especially the heat... and said I'd call her when I got home.

I was TRYING to run a bit of interference.... let her deal with me rather than hubby.

No luck with that.

Not only did she not read her email, she did receive another call from CS complaining about her supposed lack of heat. SO she called and left a message on our phone stating? threatening? Whatever... her plan was that unless we got back to her quickly, she would arrange for a heating and cooling technician to attend to "fix" it.

More than a little unclear on how they would DO that without actually having to break into OUR basement unit, but whatever.... 

All pretty ridiculous given that the stupid woman HAS HEAT! And oh yeah... she gave notice that she'd be out by 30-Nov. And she hasn't  paid one red cent toward rent since a partial payment in October. Just how long ARE we supposed to support this woman?  And if WE are required to support her and her family, why the hell are the taxpayers ALSO doing it?

We DID disconnect her thermostat - we are required to ensure that the unit is maintained at a temperature of 20C (according to the Landlord & Tenant Act) or 21C (our Township property standards) ....but NOWHERE does it say that we have to allow her to control the thermostat.

The other units in the building are both above the required temperature...  and so is hers. So like HELL we would be paying for a totally unnecessary service call! 

Anyway, got that all sorted - bylaw went back and checked that the heat was within legal limits, spoke to the oh so safety conscious squatter about leaving the batteries IN the smoke detectors we keep providing her, and - at least for now - that's the end of that.

Got one of the fire chiefs coming by tomorrow (at our request) ... we want to make sure they are okay with our proposed plan to address the patio doors problem. Have given CS notice to be out for 2 hours so that we can make more repairs.... we'll see. 

Another sleepless night

The longer this crap continues the more the stress builds...

neither of us are getting much sleep... hubby, I suspect, got none at all....

spent the entire night coming up with possible (mostly irrational)  ~self-help~ options.

Since the Landlord and Tenant Board takes far too long...

and the police and other community agencies do nothing but ensure that WE don't do anything illegal (or even unpleasant for the little ~princess~) .... but allow HER to do whatever she happens to want to do at our expense....

I can understand the notion, and have, in fact, spent some time on Google looking to see what is likely to happen if we do the same thing CS has done to us...

According to the Landlord and Tenant Board it is against the Act for a tenant to change the locks without the landlord's permission.

If they DO change the locks, they are required to provide a key for that lock "immediately".

We have asked repeatedly requested that they provide a key for the front door lock which they installed without our permission.

Finally - once police became involved - CS did provide a key.

Perhaps it is the key to her heart? Cuz it sure as shit is not the key to the front door.  I checked it when we were there the other day (legally, having given notice, and then having to still wait 45 minutes for the ~princess~ to put on some actual clothes and go away).

Seems to me that turnabout should be fair play.

Why can't I change the locks the next time we're in there to make repairs? And be just every bit as accomodating about giving her a new key as she has been for us?

She has - supposedly - $2400 of our $$ on hand which she is withholding because there are no lights in the kitchen and she and her partner are both, apparently, incapable of changing a light bulb - let her take that money and go stay in a motel... honestly, I couldn't care less about where they go. They need to go.

More stuff & nonsense

Now come on people...how about you use a little bit of reason before you buy this squatter *****'s line of bull?

I cannot BELIEVE that today's fun & games included not one but two phone calls from people sticking their noses in to support CS in her supposed "right" to the enjoyment of "her" apartment.

Seriously?!

SHE gave notice, didn't leave, and quite likely has already cost me a good tenant.... you know... people with JOBS and references and everything!

SHE is not paying a blessed cent - at this point, owes us almost $3k....and even though we'll never see a CENT of that money, we have to continue to provide her with heat, hydro, gas, and water.....

and SHE gets to prevent us from using our own basement unit?

AND she gets to suddenly demand that we fix everything she's broken over the year she's been there?

AND she gets to whine that "her" (HA!) furnace is broken and the poor little squatter is c-c-c-cold?  The furnace works just fine, actually... but the LTA says we have to provide you with heat (20C; 68F), it does NOT say we have to allow you to control the heat. Guess what, squatter thief?   I am stunned that someone that was IN HER APARTMENT today had the NERVE to call me about her heat... did you even think to LOOK at the thermostat?

SERIOUSLY?

Why is it okay for her to break the law ...and she gets SUPPORT from people like bylaw officers and police..... and we do NOT break the law and we get shat upon.

HOW IS THAT REASONABLE?

It's not bad enough we have to continue to support the thief until the ~system~ finally gets their shit together...and SERIOUSLY, if one more person tells me that nothing is likely to be done because Christmas is coming, you know..... I am going to GO BALLISTIC.... what the hell!?

Why the hell are MY FAMILY not at least as entitled to a Christmas as hers..... and all you people can just not do your jobs, and we landlords can just suck it up and lose THOUSANDS OF DOLLARS while you guys enjoy your holidays?  And we have to PAY for your services on top of that?

$170 here, $170 there....  however much the sheriff charges... don't even know that yet.... 

and people complain that there are no reasonable landlords and not enough low income housing!!!!!!! Gee...I can't imagine why!

2-Dec-12

 12:05 p.m.

Ross, Rob D. & I attended at 179 John St. as per notice delivered yesterday morning.  Ms. S. was alone in the apartment, and, at least initially, disinclined to leave. Eventually did relate that John would be there within 10 minutes to pick her up. See video.

More than 30 minutes later, I called the OPP non-emergency number to ask their advice. While I was on the phone with dispatch, C and J appeared and went to the van. A second conversation occurred, during which J insisted that he did not want us to enter or to make any repairs; C did at least want the stove fixed. I indicated that if they would like to rescind the notice re: necessary repairs and permission to enter, I would require this in writing. J stated that he would return in 20 minutes with such a document but when I pressed for clarification as to what they expected at that time (since they have already called police on us twice – in one case for entering our own unit and running the vacuum cleaner. Since we will now likely be listing the entire building for sale, cleaning the basement – and even vacuuming – does not seem at all unreasonable to us, but whatever) …. ANYWAY… J. told us to go ahead and “do whatever the f*** you want.” See video.

We did enter the unit, recording both with the video camera and pictures its condition throughout.

The following repairs and observations were made (as per C.’s list of 30-Nov)

Refrigerator –admittedly is filthy, but the food in the freezer was in fact frozen, and the beer in the fridge was cold. Will provide thermometers to ensure safe operating temperatures.

Stove – we were unable to repair the 2 elements which reportedly do not work as all of the parts required to test them are absent; most notably, there are no elements at all. When tenant returns the missing parts, we will again attempt this repair. As to the oven which supposedly has not worked for the entire period of her tenancy (it is disgusting, and has obviously been used regularly), turning the dial on the timer restored function to the oven. Since the incoming legal tenants are providing their own appliances, the existing ones will be repaired when necessary and if possible, but not replaced.

Bathroom – both sink and tub taps were tested and provided both hot and cold water. Perhaps Ms. S. has simply not allowed the hot water tap to run long enough to prime it? In any case, to access hot water in the sink, one must push the handle to the left – but there is hot water. We did not find any evidence of mould. The drywall at the head (tap end) of the tub will need indeed require replacement –given that it was, in fact, J, who ripped out the existing drywall, and demanded and withheld $200 for parts and repair of this area, it astonishes me that this is now apparently a priority, but we will certainly arrange to have this completed as soon as possible. As to the toilet handle which Ms. S.r or a guest has broken off, we will certainly replace this part.

Deck

Ms. S.and her partner J. insisted, in June 2012, that they wished to remove and replace the deck. We not only provided them with permission to do so, Ross went down and helped with the labour and removal. When J. indicated that they had a new deck to bring in but were unable to do so until they had “enough money” to arrange for a truck, Ross provided the $50 requested. The $50 was never returned, nor has the supposed replacement deck appeared.

The remaining deck and step is in fact much smaller, and does seem to be in need of minor repair. This will be completed when weather and conditions permit. Since Ms. S. is currently using this deck as a garbage dump, in contravention of Tay Township by-laws, and in defiance of both N5 notices she has been served, and since her tenancy, as per her own notice, was to end on 30-Nov, this particular repair is not, for us, a priority.

We did, however, with the approval of the OPP, secure the exit to this deck from the outside on 1-Dec, in response to Ms. S.’s expressed concern about the safety of her children. On 2-Dec when we attended at the unit, our temporary fixes and warning notices had been removed.

Ms. S. has requested a rent reduction based on the fact that the deck is no longer available for their use. Given that she has stayed in the unit beyond her notice and is no longer a legal tenant, AND given that she has not paid one red cent towards rent since a partial payment in Oct-12, and given that she and J. insisted it be removed and did most of the work themselves, I am presuming that she means this particular request as a joke. Right? Come on - it has got to be a joke!

Patio Sliding Doors

Again, we saw no evidence of mould around this entrance. The door is, however, off its track and there is, therefore, a significant gap through which cold air can enter. Additionally, the door handle, which we replaced with a new part upon Ms. S.’s move-in, is indeed broken and does not lock.

On our next visit, Ross will attempt to reseat the door in the track to seal the gap. Once that is done, we will provide the tenant with a patio door winter seal kit which she may use if she wishes to further reduce any drafts. This is a temporary fix, which will have to do until we can make arrangements to have the wall built in and a new exterior door installed.

As to Ms. S.’s expressed concern about the potential fire hazard of not having a functioning handle on this door, please note that there are still 2 additional doors through which tenants may leave the building (as well as yet another which leads to our unit. This door is supposed to be locked but the tenant makes no secret of her lack of respect for us and our property, and uses it at will.) We will replace the door handle one more time to assuage her concern, however – no matter how ridiculous a request it is. If you would like a proper door handle there, how about you STOP BREAKING IT?

Lighting in the kitchen.

There are 2 light fixtures in the kitchen, one fluorescent (ceiling) and one incandescent (above the sink). The one above the sink requires only a light bulb. The ceiling light fixture also requires new bulbs, but it does seem that the ballast is now loose. The entire fixture will be replaced when we next obtain access to the unit. As I have noted on repeated occasions, however, replacing light bulbs is the responsibility of the tenant, not the landlord. If the tenants require instruction, we can certainly show them how it works. On a related note, with the exception of the fixture above the kitchen sink, every single lampshade which was provided in the unit is now missing or damaged beyond repair.

Doors

Ms. S. claims in her list of complaints that there are bedroom doors missing. This is, in fact, not so. While she and her family or guests have indeed damaged every door in the house, and all but 2 are missing doorknobs, each of the 3 bedrooms does in fact have a door. The only door which is actually “missing” is for a bedroom closet, which due to its configuration and irregular size, has never had a door. If there is something in the Landlord and Tenant Act which says that all storage areas must have a door, I have yet to find it.

All doors were newly installed, complete with doorknobs, when Ms. S. rented the unit.

Animals

Ms. S. complains that there are skunks in the area and would apparently like us to do something about this problem. However, as she has been advised repeatedly, Ms. S. is creating the problem by storing garbage on the property rather than taking it out to the curb for pick up on Tuesday mornings. She has received notices from the township as well as 2 N5 notices from us (first notice, 10-Oct; second notice 30-Nov). As well, on 5 and 6 Nov, we removed a great deal of garbage for her. Dump fees alone were in $110. And still, Ms. S.continues to fill the property with toys, empty beer and liquor containers, and poorly sealed garbage bags which contain both diapers and foodstuffs. As long as she continues to create an ideal living environment for them, even a licensed exterminator, which Ross happens to be, is unable to completely resolve the issue.

We have filled in the area skunks have dug around the front steps, but since there are a multitude of other potential hiding places among the children’s toys strewn about the yard, this is unlikely to have a significant impact.

1 Dec 2012

1-Dec-12 09:50 a.m.

Spoke to Officer Sara M. OPP, re: attending 179 John St. today, 1-Dec-12 for the purposes of securing the patio doors (in response to Ms. S.’s 30-Nov concern that the current configuration poses a danger to she and her children), and to provide legal notice re: requiring access to the unit on 2-Dec-2012 to address other damages Ms. S. has notified us of.

Officer M. agreed that we could attend without a police escort; if there is an issue while we are there, will leave and call the police back to accompany us. 

Patio door secured, notice taped to door, and new pictures taken. No actual contact with Ms. S, although we were aware that she was in the unit.