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Question about the responsibility of the person actually paying the rent.

PaulPoulsen

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Sep 23, 2007
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Last fall, we rented a suite to a young girl that was a client of Chimo Youth Retreat here in Edmonton. The tenant was attending school and also working part-time. As long as she kept her grades up and was employed, Chimo would pay her rent.

She was a quiet girl that took relatively good care of the suite but she had a problem paying rent on time. She would be impossible to reach during the day but would call at 11:30pm to tell us that she had a cheque for us.

While she didn`t operate a meth lab from the suite, she wasn`t the tidiest person. We entered the suite to check on the heating system and immediately noticed a strong cat smell. We knew she had a cat but were shocked by the smell. We decided that between the smell and the difficulty in collecting rent, we wouldn`t renew the lease in the spring.

When she moved out, the smell of cat urine still permeated the suite. We hired an odor specialist and he suspected that a deep carpet cleaning would do the trick but did inform us that he couldn`t guarantee the work unless we physically removed the carpet and replaced the underpad. He performed the cleaning and the smell was apparently gone. We withheld a few hundred dollars from the security deposit and returned the rest.

Weeks after the new tenant moved in, she complained of a smell. We inspected the suite and it became obvious that the cat smell had indeed reached the underpad and as the temperature increased, the odor returned. We made the decision to replace the carpet with laminate. The odor issue has been resolved.

While no one from Chimo signed the lease, we did receive a note from the agency saying that they had great faith in this girl and would be happy to go to bat for her. During the course of the tenancy, we received seven cheques total (the initial security deposit and six monthly rent cheques). The security deposit was from Chimo and addressed directly to us as were the final four monthly rent cheques.

My question is whether or not we have grounds to invoice Chimo for the flooring replacement. Does their letter stating their willingness to "go to bat" for this person imply that they also accept responsibility for her actions? Do the cheques made out directly to us from Chimo imply responsibility on their part?
 

RedlineBrett

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What do you have to lose by sending them the invoice? I`d send it, along with an explanation and see how you do.
 

PaulPoulsen

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QUOTE (RedlineBrett @ Apr 13 2010, 12:06 AM) What do you have to lose by sending them the invoice? I`d send it, along with an explanation and see how you do.

Hi Brett,

We`ve already tried that. They politely tell us to go to hell.

I`m trying to decide whether or not it`s worth my time to pursue it further or if it should just be a lesson learnt.
 

RedlineBrett

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QUOTE (PaulPoulsen @ Apr 13 2010, 08:51 AM) Hi Brett,

We`ve already tried that. They politely tell us to go to hell.

I`m trying to decide whether or not it`s worth my time to pursue it further or if it should just be a lesson learnt.

Hmmm, well in that case I would take the documentation that you have from Chimo saying they would `go to bat` for their tenant and couple it with a stern letter (even better if it`s on your lawyer`s letterhead) citing your intentions to pursue a claim. See how you do then!
 

ToddStokowski

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I believe your only possible action is against the person on the lease, regardless of who was paying the rent, etc.
It`s my understanding that the payment of rent was an agreement between the tenant and Chimo and Chimo would not be party to the lease agreement if they are not named on it.
Keep us updated.
Todd
 

ibuildstuff

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Pets = smells & stains. Answer: pet deposit. Just another life lesson, not worth your time/energy/$$$ any further.
 

creditinfocanada

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As per the civil process you could attempt to go after the company that stated they would go to bat for her, it is likely the provincial court judge would side with you, not likely. Do you have cause to go after your tenant, certainly, my suggestion due to the fact your tenant has vacated, have a civil claim issued against your tenant for the damages, make sure you have all of your receipts, pictures etc. obtain judgment.

Now is it likely based on her income the judgment is enforceable, right now more than likely not, but down the road, ceratinly it would be, the judgment is good for 10 years, leave it at that.

Finally use this example, if social services or capitol region housing is paying for someone and the individual does damage, are they liable, the answer is simple, no.

Dont waste your breath trying to go after them, incur the nominal fee or pay someone to place a claim in the court, put the matter on her credit and hope that she gains employment enough down the road to garnishee.

Chris Bradnam
Credit Info Canada
(780) 486-1183
 
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