Foster Law OfficeMississauga & Brampton Divorce Lawyer | Foster Law Office2024-01-02T18:17:19Zhttps://www.fosterlaw.ca/feed/atom/WordPressOn Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=467112024-01-02T18:17:19Z2024-01-02T18:17:19ZWhen conflicts arise between landlords and tenants, communication can be a major obstacle to a resolution. Whether a tenant is combative, lying or simply refusing to talk to you, as a landlord, you can take steps to protect yourself and get to the other side of a dispute.
Put it all in writing
Having exchanges in writing is crucial in proving what parties previously said, promised or agreed to. One of the most essential documents to have that you can refer to in the event of a dispute is your lease agreement. A lease will often answer questions and clear up confusion.However, putting other exchanges in writing is also generally wise. For instance, send an email, text or letter regarding issues like rent payment changes, questions about repairs or other related matters.
Turn down the (emotional) heat
If your tenant is not only unreasonable but also volatile or abusive, try to avoid any emotionally charged interactions. Meet in neutral, public places when necessary. If an exchange gets heated, you may want to step away before the situation escalates.
Record interactions
If you know you have a troublesome tenant, you may choose to record any interactions you have with them. However, it is crucial that you do not cross any legal lines. Generally, you can record your own conversations as long as one of you consents to it.However, surveilling tenants inside their homes or taking photos of their personal property without notifying them can trigger legal charges and consequences.
Bring in legal resources
Landlords and tenants can file complaints when there is a dispute, including a lack of necessary communication. Talking to a lawyer can also be wise. A problematic tenant may be more inclined to take a letter from a lawyer more seriously - particularly if it details consequences like fines and possible eviction.If you are a landlord dealing with an unreasonable tenant, you can wind up spending valuable time and resources trying to communicate with them. These tips can help you meet your legal obligations and take the necessary steps to tackle any issues the tenant creates.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=467102023-10-06T16:59:23Z2023-10-06T16:59:23ZThere are over one million renters in Ontario. For most of them, their rent has or is expected to increase. According to the Canadian Rental Housing Index, the average cost of rent has risen by 27 per cent since 2016. Whether you are a renter or landlord, you should know what efforts are in place to control these increases.
Rent control
The law protects rental increases on many units due to rent control. Rent control provides more stability for tenants by restricting rent annual rent increases.If landlords wish to increase rent in a rent-controlled unit, they can do so by a maximum of 2.5 percent per year. They must also give tenants at least 90 days' notice.However, not all properties are subject to this limit. Properties exempt from rent control include:
Units that come on the rental market after Nov. 15, 2018
Units where the tenant and landlord share a kitchen or bathroom
Units in a housing co-op or income-based spaces
Under these circumstances, there is no limit to how much landlords can increase rent annually.
Rental registry
A new initiative in the province is the Ontario Rental Registry. It is a platform where renters or landlords can voluntarily submit information about their units, including price and additional charges. The registry allows for the collection of data to reveal a bigger picture about rent prices and costs of living. Supporters of the registry also hope that collecting the information in a central location will make for a more transparent and affordable rental market.
New legislation
The government recently passed new legislation aimed at protecting tenants. Among the measures are the Helping Homebuyers, Protecting Tenants plan. Elements of this plan include:
Devoting more resources to the Landlord and Tenant Board to streamline dispute resolutions between landlords and tenants
Permitting tenants to install and maintain their own air conditioner
Strengthening protections for renters when landlords order them to vacate for renovations by allowing them to move back in at a similar rental rate
Increasing the fines to landlords for residential tenancy offences
These measures can work together to make renting easier for tenants and clarify the responsibilities of landlords. ]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=467092023-07-05T19:57:24Z2023-07-05T19:56:29ZBreaking up with someone you have lived with for years can be incredibly painful and complicated. In many ways, ending a common-law relationship is quite similar to ending a marriage, but there are some ways in which this differs.
If you are ending a common-law relationship, you should be aware of some common mistakes people make in this situation and what you can do to avoid them.
Mistake: Giving up rights you didn't know you have
Common law partners may wind up giving up critical rights and resources because they do not realize they exist in the first place. Therefore, it is crucial that you do not give up something you do not have to. In Ontario, for instance, you may have the right to request spousal support if you and your partner have a child or were in a relationship lasting over three years. If you do not know you have these rights, you could wind up with fewer resources than you deserve after your split.
Mistake: Relocating with your child without permission
Separating when you share a child can be just as painful as divorcing when you share a child. And you could wind up making matters worse if you do something that causes other conflicts, like moving away with your child because you don't realize your ex has parental rights.However, common-law spouses and married spouses have the same responsibilities and rights when it comes to parenting. Relocating without permission can interfere with your ex's parental rights and lead to serious legal conflicts.
Mistake: Failing to have a separation agreement
If you cohabitate or are in a common-law relationship, one of the costliest mistakes you can make is not having a legal agreement to define your rights to things like property. Too often, people fail to do this because they are not legally married, so they do not think they need a legal agreement.However, by creating a cohabitation or separation agreement, you can resolve many complicated matters before they arise.Common law relationships can be as nuanced and complicated as any other type of relationship. However, unique circumstances, like varying provincial laws, can add further complexity. Avoiding these mistakes is a good place to start, but it can also be wise to consult a lawyer if you are ending your relationship.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=467072023-04-05T19:00:28Z2023-04-05T19:00:28ZPeople do and say many things they might later regret when they end a marriage. Though this is not unusual, it is crucial to know that some statements you might make during this stressful time can have costly, long-lasting consequences.
"Let's leave lawyers out of this."
There are forms and discussions that you and your spouse can tackle yourselves, but the fact is that divorce is a legal process. This means there are legal documents, deadlines and procedures that are involved. Too often, people think they are saving money by taking a do-it-yourself approach to divorce, but they could learn an expensive lesson when they make mistakes, unnecessary concessions or incorrect assumptions. Lawyers can have the experience, skills and resources to navigate a divorce efficiently and effectively.
"I won't negotiate."
In just about every divorce, there will be some give-and-take. Refusing to compromise or negotiate regarding matters like dividing property or parenting time can mean out-of-court efforts come to a halt. Under these circumstances, you could wind up in litigation, which can be time-consuming, contentious and expensive.Instead, you can work with professionals like mediators to prioritize what matters most and work out solutions together.
"Lying is okay to protect myself."
Emotions like guilt and anger can cloud people's judgment and cause them to say something untrue in the interest of self-preservation. You might be tempted to lie about your finances or falsely accuse your soon-to-be-ex of abuse or bad parenting to get what you want.However, lying under oath is illegal and can ultimately do more harm than good. You could wind up facing financial penalties, loss of parenting time or even criminal charges. Thus, do not lie.
"Fast is better than fair."
If you want to get through a divorce as quickly as possible, it could require concessions on your part. However, conceding too much could adversely affect you in the long run, especially regarding financial arrangements.Divorce-related orders and agreements can impact you long after the process is complete. Agreeing to something unwise could be a mistake that follows you for years.If you are divorcing, avoiding these statements can mean avoiding some of the costly pitfalls they can trigger.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=466942023-01-18T16:36:24Z2023-01-18T16:36:24ZAs a landlord, one of the most troubling situations you can face is entering a property you have rented to someone only to discover the tenant has damaged it. Even seemingly minor issues can be expensive to repair, and significant damage can prevent you from renting the property right away. And all these costs add up.
Under these circumstances, you may be able to pursue financial remedies from the tenant responsible, but you will need to have evidence to bolster your claim.
Photographs...a lot of photographs
They say a picture paints a thousand words, and that is certainly the case when it comes to property damage. Get photographs of every broken appliance, torn carpet and destroyed fixture.When taking pictures, pay attention to the following:
Lighting
Using objects like coins or a person to show scale
Date of the photo (which should be as soon as possible)
Different perspectives
Taking these factors into account can help you get accurate, clear photographs illustrating damage. If you have pictures of the property before the damage occurred to compare, which is wise, those will also provide critical to present.
Receipts
Retain all receipts related to repairs to rental property. Each time you visit the hardware store or call in a professional for an estimate or to complete work, hold on to the paperwork. Keep this information organized and easily accessible.These documents can prove how much you have already spent repairing the damage.
Witness statements
Landlords typically do not witness a tenant damaging property, but other people might. Talking to these people and getting their contact information can be crucial should you file a legal claim for compensation.Often, it can be wise to talk to roommates and neighbours. They can have detailed accounts of parties, fights or personal habits that may have caused or contributed to the property damage.Keep in mind that tenants may also have evidence of their own. They might try to suggest the damage is normal wear and tear or that it was there before they moved in. However, diligent recordkeeping and presenting comprehensive evidence of your own can contradict their claims and help you prevail in any legal claim you might pursue.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=466892022-09-30T16:25:09Z2022-09-30T16:23:48ZThere are a lot of details to manage when it comes to buying a home. Some can be easy to overlook until something goes wrong. For example, if you are looking to purchase a home, the thought that the seller does not have the legal authority to transfer ownership to you may never cross your mind until a title issue threatens the closing.
What type of issues could arise?
Something that could adversely affect or impair a homeowner's title is often called a cloud on the title or defect. Some examples of these issues can include:
An improper deed
Fraud
Liens on a title
Property or boundary survey disputes
Mistakes in public records
These and other title complications can delay or even compromise a closing. Some title-related matters require research, time and court proceedings to resolve the issue. Depending on the specific circumstances of the transaction, parties may ultimately not close the sale.
Tips to resolve these problems
There are numerous options to remedy the title issues that could be standing between you and buying a home. One essential step can be to perform a title search. This search through public and court records can help you (or the lawyer you are working with) uncover any defects, suspicious activity or unresolved issues before it is too late.You can also choose to purchase title insurance, which protects parties from a wide range of title-related losses.Other solutions involve legal processes like quit claim deeds and quiet title actions.When you are buying a home, your focus is rightly and understandably on elements like location, cost and finding a house you love. Logistical details related to the history of property ownership may never cross your mind. However, knowing that these issues can arise and understanding the options for addressing them can help you prepare accordingly and make informed decisions.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=466862022-06-27T20:59:50Z2022-06-27T20:59:50ZEven when you and your soon-to-be-ex divorce, you can still commit to parenting your child together. However, creating the right plan that allows you to do this can be difficult. Following are some tips to help you get started in the right direction.
Stay out of court
In most cases, parents are best suited for creating their parenting plan. Strangers, including judges, are generally not privy to all the details of how your family works and what you are capable of, so keeping your parenting decisions in your control and out of court can be preferable.Instead of litigating these matters, parents can work together in a mediation setting to resolve them cooperatively.This approach may not be easy, but it can be more peaceful and faster. Further, when parents are active in designing their arrangements, they often create a plan everyone can be satisfied with.
Consider other people's input
While you and your child's other parent may be well-suited to create your parenting agreement, you can benefit from taking other people's opinions into account. Some of the people who can provide valuable insight into logistical arrangements and a child's best interests include:
Your child
Counsellors
A custody specialist
Teachers, coaches and other people in your child's life
A lawyer
Mediators
You do not need to make decisions in a vacuum. Getting other perspectives from these parties can help you see the situation from different angles to help you cover them all.
Create a clear, comprehensive agreement
There is a lot of information parents can include that can help make the document a valuable reference now and in the future.For instance, crucial elements of a parenting plan can include:
Regular parenting schedules
Holiday and vacation schedules
Travel restrictions and rules
Selected methods for resolving disputes
Guidelines for sharing information about your child
Directions for making decisions for your child's education, religion and other important matters
Guidance for emergencies
Ground rules for contacting a parent during the other parent's time
Making all these decisions and putting them in writing can seem overwhelming, especially when you are also tackling other divorce-related decisions. However, doing so can ensure your parenting plan continues to provide guidance on just about any scenario that could arise. Parenting together after divorce can be challenging, but having a comprehensive and guiding parenting plan can make it easier for everyone.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=466842022-03-28T15:10:29Z2022-03-28T15:10:29ZSubstantiate the claim
While many landlords quickly take action to respond to a noise complaint, it is wise to take the time to thoroughly investigate the claim. Ensuring the claim is substantive is a crucial element in acting fairly and professionally. For example, is there evidence of the excessive noise? It is incumbent upon the landlord to avoid taking the claim at face value while performing their due diligence. Searching for evidence, for example, or researching a complaint history between tenants can put the disturbance in perspective.
Does the claim cut both ways?
It is not uncommon for excessive noise to be a problem for numerous tenants, but only one tends to speak up. It is the job of the landlord to thoroughly investigate the situation to uncover and additional factors. For example, perhaps tenants work opposite schedules and one individual’s late-night television program is just as distracting as another tenant’s early-morning workout. After having built the complete picture, the landlord can possibly work the tenants through a compromise.
When eviction is a necessity
If the tenant is the subject of numerous, substantiated complaints about excessive noise, the landlord might find it necessary to begin the eviction process. This is a complicated process filled with legal pitfalls. When eviction becomes the only solution, it is wise to enlist the aid of a skilled legal representative who can guide you through the process.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=466382022-01-07T17:01:21Z2021-12-29T16:14:08Zcreate a post-nuptial marriage contract for numerous reasons. Three common reasons include:
One spouse wants to embark on a financial venture for which the other spouse refuses to share risk
One spouse receives a large inheritance or valuable gift they would prefer keeping separate from their spouse
The spouses had planned on drafting a similar contract before tying the knot, but they simply ran out of time
Based on the unique financial characteristics of their relationship, couples should consider drafting and updating a marriage contract as circumstances change. From having or adopting a child or purchasing a home to starting a business or receiving a financial windfall, couples can use a post-nuptial agreement to clearly organize assets, debts, duties, and responsibilities. This document cannot take the place of negotiations that center on property division or a parenting time agreement during divorce, but it can help in providing a strong starting point for fruitful discussions.
There are numerous factors that the couple should not include in a marriage contract, whether it is drafted before or after the nuptials take place. These include:
Conduct provisions: Many couples attempt to leverage personal wishes into their contract. These terms, often referred to as "lifestyle provisions," may include elements such as weight gain, household chores and an intimacy schedule. It's important to note that the inclusion of such provisions could potentially invalidate the entire agreement.
Inducements for divorce: While couples can include certain financial factors in a post-nuptial agreement, they are cautioned to avoid including any sort of divorce inducement, reward or encouragement, as these are generally considered to be contrary to public policy. These can be tied to financial incentives or the distribution of property. Like lifestyle provisions, these, if present in a post-nuptial agreement, could potentially make the entire document enforceable.
Marital contracts are crucial documents that couples can use to clarify assets and debts before and during marriage. With the proper legal guidance, couples can craft and maintain these helpful documents for years or decades to come.]]>On Behalf of Foster Law Officehttps://www.fosterlaw.ca/?p=466012021-09-25T16:58:28Z2021-09-16T18:43:39Zseveral types of digital assets, including:
Entertainment collections: Due to its increasing popularity, a couple might amass a collection of digital entertainment media. From books and movies to music and videogames, both parties could devote significant time and money to building a collection.
Online presence: It is not uncommon for a couple to work together to cement their online presence. From blogs and file-sharing sites to social media such as Facebook, Instagram and Twitter, it can be challenging for a couple to divide ownership of shared accounts.
Online shopper rewards: Online shopping is a competitive marketplace, and retailers strive to reward loyalty and new customers alike. A couple can amass thousands of dollars in gift cards, discounts, airline miles and cash-back bonuses.
Digital storefronts: Over the course of the marriage, the couple might decide to sell used merchandise or develop a business for crafted items. Often, they will choose to sell these products online. Whether through eBay, Facebook Marketplace, Etsy, or another online storefront, the couple will take the time to build a shop, cultivate customers and present positive reviews. In a divorce, the couple must decide how to divide their online business.
A divorcing couple has numerous decisions to battle through. From deciding parenting time and spousal maintenance to dividing complex assets such as digital properties and retirement funds, the divorcing couple often faces a difficult process. It is wise to proceed carefully through all negotiations to reach the best resolution possible.]]>