photo credit: CJ Sorg
For those of you who haven’t followed the blog in the past… Romildo Aguilera is our very own Pain In The Ass Tenant. He’s taken to sending me emails to “help me”. I can hardly restrain my joy when I get an email from Romildo.
Our Very Own Crazy Tenant
It’s good to have a sample crazy tenant of our own so we can dissect him. Well maybe not dissect, this isn’t the Dexter blog…my responses are in bold.
Romildo’s Helpful Hints
A while back I dropped a note about ‘Your Funny Response’ and indicated that I’d follow up with how my T2 went.Well, still haven’t done the T2 – been too busy defending and defeating LL apps, Heh heh.
I’m so grateful you didn’t forget about me. Sorry you’re so busy. It must be a great strain for you.
But just wanted to point out something of perhaps particular interest to you.
I can’t wait, this will be good.
As part of my evidence in one of my hearings I submitted copies of the lease the LL had given me. The adjudicator actually quite chastised the LL for the contents of the lease saying if I recall exactly “Do you know all these terms are illegal?” (which they were BTW) and at one point holding up their copy of the RTA and waving it at the LL and saying “There are rules you have to follow.”
I don’t believe you…unless the lease contained clauses such as turning over your first born child.
That day didn’t go well for the LL.
That I believe. A day at the Landlord & Tenant Board that didn’t end well for the landlord is every single day that place is open.
(One of these days I’ll get a recording for posterity and maybe transcribe the exact words so you’re of no doubt about what precisely I claim was said.)
Substantiating what you say is entirely necessary in this case because I don’t believe you.
So you think that putting bogus, unlawful terms into a lease is a zero-risk, no harm no foul proposition do you? Or that the risk is worth it?
Pretty much, adjudicators don’t have the time to read leases.
Perhaps one day I’ll have a chance to find out what hay can be made of a lease in whose construction you were involved?
The leases I use don’t have illegal clauses although the one landlords ask me to use sometimes do. Even very legitimate clauses are not enforced by the silly adjudicators. They think that tenants are like underage children who cannot be held responsible for lease terms they sign. It’s too bad they can’t treat tenants like responsible adults.
Aside from the questionable personable ethics of putting terms into a contract which one party knows they cannot legally enforce upon the other, legally it’s just a plain stupid thing to do. The fact that a LL has hired people to handle some of their LL’ing affairs (would the same LL that hires you necessarily hire your paralegal pal when confronted with a detailed and substantial T2?) only further removes from them the quasi-defence/mitigating-factor of ignorance or ‘unsophistication’.
Landlords that hire me rarely have T-2 applications to deal with, although I did get served with a Notice of Hearing today, because I did not deliver the storage room key to the tenant fast enough. Ironically the previous tenant lost the key, which is why I did not have it. I think I’ll sue him.
And then there’s that nagging ‘Do unto others …” thing, too.
It’s a good thing you’re reminding me to be ethical. Without your timely reminder I may have gone crazy robbing the corner store.
Ergo, caveat scriptor.
And about OLA and their wonkyness – yes indeed I’ve smelled a bunch of nutbars posting to and admining the place ever since I first visited it. I saw Harry’s post chastising them for their conduct and such and I agree with him 100% – the conduct over there *is* in fact great ammo for that reviled ‘tenant activist’.
It’s more like severely traumatized landlords struggling to make a living.
I’d like to actually support Harry 100% in his new site but as long he’s putting your type of bogus terms in his sample lease then he’s only marginally better than the human scar tissue that passes for most of the authors of posts on the OLA forum. (Yes, I’d bet dollars to donuts that characterization put a smile on your face).
I feel their pain, most of them had just a few bad tenants to deal with, I’ve evicted more tenants than most of them have ever had. I had my own emotional journey and healing to go through, as do they.
Nonetheless, because Harry’s still an improvement and because I think you’d like to support him I’ll offer you this suggestion: add to your masthead of links (Home, Contact, etc) one for ‘Forum’ or ‘Harry’s Blog’ or similar. Your masthead inclusion would likely help him in Google rankings, esp because your site is an actively expanding blog and the masthead is primo real-estate.
Onwards and upwards, and do please reconsider your penchant for unlawful terms in leases (and similar unethical conduct). Something about the forthright honesty & decency I see in some of your blog posts says to me that that person exists within you.
Remember, the end doesn’t justify the means.
Yes, I’m sure you would love it if we all bent over for tenants regardless of whether it makes sense or not. Maybe all landlords could take on second jobs to provide more subsidized housing for their tenants. Rent reductions for everyone, free utilities, and maid service.
Adieu for now.
Bye Bye, don’t the door hit your ass on the way out.