Friday, August 31, 2018

i think i did this once before, but let's understand what my court order actually did.

i signed a lease for $700 + hydro. i paid first & last's. and, i paid that rent for six more months.

but, the court order then did three things:

1) it ended the lease on sept 30th.
2) it reduced my rent to $525 for the last six months of my tenancy.
3) it ordered the landlord to pay moving costs.

so, the amount i owe the landlord is no longer $700/month, for ten months - but $700 for the first four months and then $525 for the last six months.

that means that i overpaid rent from april-june, by 3*175 = $525. this is the same as the amount of rent i didn't pay in july. so, i was entitled - by court order - to stay here for free in july.

as i paid last month's rent in december, i am also entitled to stay here for free for the month of september, with a balance of $175 - which i overpaid. so, that would reduce my august rent by a further $175, to $350. subtracting awarded moving costs, i have a balance of $50 to pay.

so, i am not withholding rent, at all. rather, my rent has been reduced by court order.

fwiw, the landlord has listed this unit on the market for $775, oblivious to anything that just happened. and, i hope the next tenant does the same thing.

the reason i did not pay the $50 for august is that i was hoping to move by september first, in which case the landlord would need to return my deposit - and the balance would be $650. and, if i can plan an escape in the next few days, still, i will place the landlord in collections for the balance owing - minus daily fees for however long i'm here.

if this situation is being presented differently, the people presenting it to you are being dishonest about it. it's one thing to disagree with the ruling. but, it's another to ignore it exists altogether.

it is very likely that i will pay the $50 in the next 72 hours, in which case the landlord and i will be even. the exception to this possibility happens if i sign a lease in the next 72 hours and vacate the unit promptly, in which case they will actually be required to return the remainder of the deposit.

i can have a judge explain this to you, if necessary.