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PDF Editor FAQ
How can I evict the son of my tenant? He's not on the lease but has been living there for seven years. His mother left because she is afraid of his temper and he is a hoarder. She says she is paying one more month rent and then cutting him off.
The son, having lived there for 7 years, is an official tenant. You only know the mother won’t be paying his rent anymore, but you don’t know if he has other income sources and will be able to continue paying the rent. You mentioned the mother stated she left because of his temper and he was a hoarder, but without any complaints by you, that in itself is not justification for eviction.First, you can opt to evict him based on the fact that the tenant left and he does not qualify on his own, but that will be difficult to do since you haven’t attempted to qualify him.It may be easier to get him to sign a month to month rental agreement. Include language about keeping the unit clean and free of mold, not storing items outside, noise, the rent amount, when rent is due, who to pay, etc. This will let him know your expectations, and make it easier down the road to evict him.Then schedule an extremely thorough and invasive maintenance inspection. Give notice on a weekday so he has less time to clean up. Have someone (introduced as your handyman) go with you in case his tempers flare during your visit.You technically can look pretty much everywhere, including closets, behind wall hangings, window sills and tracks, screens, under the sinks, and even in the fridge if it’s provided by you, the top of the fridge, as well as under furniture to check for floor damage. Run the garbage disposal to make sure he’s not leaving food in it, which can attract cock roaches. Check the toilet and tub/shower for mold. Inspect the attic or crawl space for signs of rodents (and to see if he’s hiding drugs there). You can also inspect the outside for rodent droppings or damage, improperly stored items, and excess debris which could pose a fire danger.Document everything very meticulously. You can send him a letter of deficiencies to correct within 30 days and schedule another inspection.If he fails to pay rent, you can evict him. But if he keeps paying rent, you can still evict him once that second inspection happens, for violating the lease. The month to month lease protects you.Make sure you follow all the laws for the eviction process, including notices, serving them, and deadlines.
Have you ever beaten a lawyer on a legal question (or if you are a lawyer, have you been beaten by a lay person on a legal question)?
Many years ago I was issued a local citation for having an expired vehicle sticker on my car, the day after it expired. I was very angry, (they hadn't mailed renewal notices, and the line to purchase stickers was two hours long the day before). I tore the citation up and threw it at the officer who wrote it, telling him I didn't want it (oh, young and foolish me!). Of course he merely wrote me another citation for the same offense. I really didn't want to pay a fine in addition to paying for a sticker, so I went to the local library and looked up the statute I had violated, and much to my delight I discovered that the ordinance required vehicle stickers on taxi cabs and vehicles for hire. I photocopied it, and brought it to court and presented it to the judge, telling him my vehicle was a private passenger car not a commercial vehicle, and he dismissed the charge. Needless to say, the village later amended the ordinance to include all vehicles, since the revenue from the vehicle stickers was an important source of the villages income.I sued a landlord (represented by counsel) in small claims court for the return of my security deposit. I had photographs of damages that hadn't been repaired promptly (water stains on ceiling and walls due to bad roof), and cancelled checks proving rent was paid on time for four years. Landlord countered with supposed damages of worn carpeting and nails in walls from hanging pictures. Judge ruled in my favor and lectured the landlord for ten minutes about the purpose of a security deposit, (to insure rent is paid), and what is considered normal wear and tear. I really enjoyed watching the landlord being chewed out by the judge.I sued a former employer for not paying my accrued vacation time in small claims court. They were represented by council. I had warned the administrator that if I had to take them to court, I would make sure that it cost them triple the amount of my accrued vacation pay. In my complaint, I cited statutes requiring accrued vacation time be compensated, and added complaints that their time clock system docked 15 minutes of pay if employees were one minute late, but didn't pay for 15 minutes when clocking out, and labor regulations showing that times were supposed to be consistent on both ends of time clocks. I then requested additional compensation for meals they hadn't provided, citing their employee handbook which promised a free meal during every shift (I had worked the overnight shift, 11:00 pm-7:30 am). They responded providing affidavits from housekeeping employees stating meals had been provided to night shift employees(fraudulent evidence, no meals were provided), and then the administrator testified that the policy of providing meals had been discontinued prior to my employment. I objected to their contradictory claims and evidence, and the time cards were scrutinized. The Judge ruled in my favor, and the amount I was awarded was over three times my initial demand for my accrued vacation pay.Most recently, I assisted a friend in obtaining titles to eight vehicles valued collectively at $20,000 -$30,000, all of which had been surrendered during his prior bankruptcy. Note: It has become common practice for banks to fail to take possession of surrendered vehicles, yet refuse to provide titles, burdening the bankrupt person with the expense of storing and safeguarding vehicles they don't own.I gathered written correspondence over two years during which the bank had repeatedly promised to take possession, yet hadn't done so, and had him file a claim in small claims court for the titles, alleging they had been abandoned. The bank hired council, who alleged improper venue, a valid argument, and the circuit Court granted a continuance to allow my friend time to have the bankruptcy court rule on whether or not he could hear and rule on the matter. I filed for a hearing in bankruptcy court, and the judge ruled that the matter could be resolved by the circuit Court, and on the return date the judge awarded him all of the vehicle titles, plus court costs. I did all the legal research and typed up all the motions and notices, however since I'm not an attorney everything appeared to have been done by him, pro se.My divorce from ex #2 was one of the longest divorce/child support cases ever, beginning in May 1985 with the last hearing in July 2010. My ex had promised that if I divorced him, I would never receive a penny in child support, and he did his best, and spent thousands in attorney fees, to keep his word. Initially I hired an attorney, but this became too expensive since I received no child support, so I began studying statutes and filing my own motions. Although attorney fees cannot be awarded to non-attorneys, I successfully petitioned for and was awarded $1,500.00 in compensation for expenses incurred during the twenty five years of litigation. I did finally collect the child support owed, and my ex ended up paying three times the amount owed due to accrued interest costs.It's always preferable to settle matters without going to court, but it does feel good when the court rules in your favor.
Why is there so much negative feedback towards the Canadian job market after getting PR?
Being a recent migrant to Canada (less than 3 months) on a PR and getting a job (well… now multiple jobs) within 3 weeks of landing in Toronto, in the desired role and industry…I think I can give a perspective/opinionFeeling of Entitlement: Getting a PR is lengthy and tiresome process, where you need to prove your education and experience. Having gone through that entire process, right from scoring good band in IELTS, I have witnessed that there is this sense of entitlement among the immigrants, that - we have proved everything in our PR application, what else do we need to prove? why don’t you just hand me over the job?What fails is the realization that getting a PR is not equivalent to getting a job. You may have proved your education and experience in “documents”, but that has nothing to do with you proving yourself a “good fit” for a job. A PR does not entitle you to a job.Unrealistic Expectations - Sure, all those who are giving these negative feedback, are well qualified, experienced individuals in their industries; but it is unrealistic (to say the least) that they expect to start at same or better positions here in Canada. The culture is different, the expectations are different, and even the practices and processes are different from their home country. When you switch jobs between companies, the cultural difference in those companies itself takes some time to soak in. You are switching countries now. For example, a Chief Civil Engineer who was marvelous in (let’s say) India, and had completed multiple projects; will not be prepared or experienced enough for constructing houses in Canada, as he would have no experience of constructing houses with wood. Would he? This is just a random example, even for Tech (or IT) industry, it is somewhat the same.Also, another improper expectation is - Canada will make you “rich”. Yes, you will earn in dollars, but you will also spend in dollars. I chose Canada for quality of living and not for making money. If you want to make money, go to USA or UK. Canada will give your child free world class education, will give you free healthcare, clean air, pure water…but if you come here with an expectation, that you will be able to save and invest in your home country…please check the facts. If you get a job of C$ 100,000 in Ontario, you are liable to pay marginal taxes of 43.41%. All your tax money goes for your well being, but don’t expect to become millionaires (even after currency conversion). What you will end up saving after your rent/mortgage, car loan, grocery, etc. needs to be put in perspective before arriving here.Soft Skills: Often undermined, it is probably more important than your domain knowledge/experience or technical skills. An interview is the only means by which you will be able to demonstrate your “specialized skills” and in that “demonstration”, unfortunately, your soft skills can overpower your hard skills. Getting a band 7 or 8 in IELTS, after multiple attempts does not imply that you have an impeccable English and which Canadians will be able to understand. If there is a language barrier, which means you do not understand what they(employers) are asking and they do not understand what you are saying, how do you expect to work together? And language is not the only soft skill, there are so many other aspects - Greeting when you meet someone or answer your phone, courtesies exchanged before ending the meeting or disconnecting the call, your handshakes, your appearance for a professional environment, your dressing…even something as simple as a “Thank You” when you are offered a seat to rest…matters. People often undermine the importance of soft skills, and rely too much on their hard skills to find jobs, and leads to disappointments.Underestimation of competition: In your country, you are, most probably, competing with talent within your country…but, here in Canada, with it’s open arms policy, you have talent from around the world. You may have been the “Star Performer” at your local organization in your city, but here you are competing with “Star Performers” from around the globe…and please do not underestimate them…or forget to factor them in your job hunt. My wife works with one of the biggest banks in Canada in their Finance team. I made an application to a vacancy in her team, and the hiring manager, who sits next to her, was going through all the applications. There must have been hundreds, if not thousands, of resumes that he had got, each more impressive than the last. My application was noticed by him, only because we (I and my wife) have worked in the same organizations. So he got curious, otherwise he could have easily skipped. I did not get that job because of some policies, but my point here is - there is huge competition. We should not forget that.Immigration Agencies and Lawyers: In your home country, the business of immigration agencies and lawyers runs only by showing you a glamorous picture of the country. They are interested in making money from you, and they will up-sell the country and it’s job markets. Don’t fall in their trap, do your own research. Utilize more forums, and personal acquaintances, rather than relying on “general” opinion.Having said all this, I DO NOT believe that there is negative perception about living in Canada, in general. Otherwise, there would not have been such huge amounts of applications made to CIC everyday. People often venture to share their experiences, only when it is the extreme ends of the spectrum; i.e. when they have had a harrowing experience OR when it has been marvelous. Opinions should not be formed citing either of these.
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