Statement Explaining the Decision to Take Back My Rent Deposit For July

I will remind you that you asked me to leave the unit by June 27^th and threatened court action over it, so you have no grounds to ask for notice when I do leave. As far as I am concerned, this tenancy is irreparably broken, and it is in the interests of both parties to have me vacate the unit as soon as is possible.

The remaining questions revolve around what the definition of “possible” is.

I will be using my last month’s rent for July of 2018, but this is not a notice of evacuation - I am explicitly not committing to an evacuation date of August 1^st, and am explicitly suggesting that there is a reasonably high possibility I may be here past August 1^st. However, I am committing to the hope that i can find a way out of this mess by August 1^st, and you should consequently interpret me taking this unilateral action as a statement of good faith to end this tenancy as quickly as possible.

While I had indicated previously that the election has created great uncertainty around my income, I do not believe that I can tolerate the smoke long enough to wait for an official government response. I have to take this gamble; I need out, it’s just intolerable. Another victory for casino capitalism, I guess. Please see the second letter for a more detailed explanation of this change of plans.

I do not have a history of missing rent payments, and this is not a reaction to financial hardship on my behalf - as of the morning of June 30^th, there’s over $1800 in my account, which is more than enough to pay $700 of rent on July 1^st. I’m suing you because I don’t like living through the consequences of my neighbours’ drug abuse; I don’t have a drug or alcohol problem. I quit smoking cigarettes habitually 2.5 years ago. I don’t have a gambling problem. Further, I do not want to harm my already somewhat shaky credit rating (due to a large defaulted student loan), and have every intent to continue to pay rent month-month for as long as it takes to end my tenancy.

The problem is not that i’m an irresponsible tenant, but that i’m too responsible of a tenant to live in this building.

The reasons that I’m taking back my last month’s rent are twofold:

1) The market in windsor is currently being driven by immediate vacancy. I can only speculate as to the reasons underlying this. Perhaps people are abandoning units at high rates; perhaps people are being evicted at high rates. Perhaps landlords are just being lazy. Or, perhaps, the market is currently overvalued. There were still units for July 1^st coming up on the morning of June 27^th. What I can state with certainty is that I lost several opportunities to move out on July 1^st because I was not able to secure a commitment from Ina that I would receive my deposit back upon request. I need to have this deposit at my immediate disposal in order to maximize my chances of signing a lease for august 1^st on short notice. It’s just a realistic reaction to market conditions - and, as mentioned, you should actually take it as an act of good faith.

2) Ina has indicated that she will not be co-operating with me further. I have no choice but to act unilaterally in the face of non-cooperation by the landlord (in contravention of the tenancy act, fwiw).

I understand that I am breaking the rules, here. But, it is in reaction to your own decision to break the rules, and in reaction to a general disinterest in this city to follow the rules. By continuing to follow this rule, I would be placing myself at a disadvantage on the market - and extending this nightmare for everybody involved. I will remind you that only the board can evict a tenant, and acknowledge you are in your rights to seek legal action to this end. But, I will likewise promise you  prompt payment of rent on the first of the month for as long as I remain stuck here past august 1^st - and question what the value of action on your behalf would actually be.

Also note that last month’s rent deposit is not intended to be held for possible damages to the unit. That said, note that I will not be seeking my $25 deposit back - and that I don’t believe that damages to the unit (which should be little more than a paint job) should substantively exceed that amount.

This is an absurd situation for everybody, but you need to take a large amount of responsibility for it, yourself. I’m sorry it’s come to it, but I need to do everything in my ability to position myself to move to a healthier space, and I will make these same arguments at the tribunal, if you insist that I must.

dated: june 27th, 2018

printed: june 29th, 2018

tenant: jason parent