[darth_boa]

Hello. It was nice to come upon your site. I have a question that I would like to ask of you all.

My husband is the Superintendent of a building. We have a tenant who has a lengthy criminal record and is also registered with the Canadain Mental Health Association. He was currently charged with criminal harassment and stalking of myself, my husband and the landlord but since has been released on bail with a no contact condition and is back living in the basement apartment.

He is also charged with a previous crime not related to us and is going to court soon.

During his imprisonment we were instructed by the police to enter his apartment and check to see if he had a cat and if the animal was okay. We saw no cat. We entered a second time with the landlord and removed all the garbage and rotting food in the fridge.

Meanwhile we went out and were told by another tenant that someone entered his apartment. We contacted police and were told he was still in prison and that they released his house keys to his niece to check on his cat. The police officer told us that he gave specific instruction that she was not to enter the apartment without first contacting the landlord which she did not.

This individual I am referring to has accused us of numerous events such as stealing his mail. I am fearful now that if something goes missing or is broken etc... in his apartment he will accuse us of doing it.

The police officer told us since his niece has entered his apartment without contacting the landlord prior to doing so that we are no longer liable for anything that potentially occurred while he was in prison.

I am fearful of this man and his accusations. He is very intelligent though with an obvious mental disturbance. We have a hearing with the housing tribunal on Wednesday and hopefully he will be evicted soon as we are all in fear of this man.

Thank you for your time,
Sam

[ScottGem]

I'm confused. If he was released with a "no contact condition" how can he be allowed to return to an apartment in a building you maintain?

[darth_boa]

Don't ask me. That is how stupid the laws are here. He was released on a no contact condition but permitted to return to his place of residence yet must not speak directly or indirectly with myself, my husband or the landlord. I called the courthouse myself to make sure I understood the conditions of his release and she made it clear to me he was permitted back home. So I have this freak living under me who has been charged with harassing and stalking. Makes absolutely no sense at all.

[excon]

During his imprisonment we were instructed by the police to enter his apartment and check to see if he had a cat and if the animal was okay. We saw no cat. We entered a second time with the landlord and removed all the garbage and rotting food in the fridge.

This individual I am referring to has accused us of numerous events such as stealing his mail. I am fearful now that if something goes missing or is broken etc... in his apartment he will accuse us of doing it.

The police officer told us since his neice has entered his apartment without contacting the landlord prior to doing so that we are no longer liable for anything that potentially occured while he was in prison.

Hello darth:

The police officer isn't a lawyer and wouldn't know if you're liable for anything or not. I also don't understand why a police officer is telling you to go into his apartment. If the cop wanted to know if there was a cat in there, he should have gone in.

Then you went in a SECOND time to remove garbage??

You're asking for trouble... He has accused you of stealing from him before, and you just gave him reason to accuse you again... Why would you do that??

You can't go into his apartment to remove garbage. If my landlord did that, I'd accuse him too.

excon

[darth_boa]

Hello Ex :)

Well according to the landlord/tenant laws in Ontario - Landlords and superintendents are permitted to enter a tenant's apartment for reasons of emergency or maintenance without giving 24 hours notice. Landlord's are also permitted to enter a tenant's apartment if they are showing potential purchasers the building (which the building is for sale & buyers have been viewing the building).

Also the sergeant told us that it was permitted to enter his apartment since he was in custody to clean out any garbage and check on his animal and to call his niece to pick up his cat or call them back if we could not find her so they could contact the humane society. They were not expecting him to be released due to the various charges he has been charged with. It is not just with me but also with his past two places of residence where he threw his landlady down the stairs and broke her hip.

Anyhow I am not so worried as so many people have entered that apartment and if he complains - so be it. Quite frankly I cannot wait to leave and will be doing so in the up and coming months.

The laws in Ontario - especially in this city are ridiculous. I have never heard of someone getting charged with stalking and harassment and permitted to come into close contact with his accusers so long as he does not verbally address them.

Sam

[CaptainForest]

What kind of lease does he have?

Month to month? If so, I would evict him.

[darth_boa]

Yes he is on month to month. We have a hearing on Wednesday with the housing tribunal then they will give him so much time to leave. If he does not leave - the sheriff will be removing him.