K-1 people waiting for interviews at Montreal

[ashenflowers 5]

I dont play many online games anymore, they get really boring fast to me.

And I'm not looking forward to going back home in January

Unless it's possible that I can stay in my apartment by paying month to month even though I wasnt the one that signed the lease? (And that subletting is illegal according to the contract, whoops.) If anyone knows that'd be so helpful.

Well it depends on what the lease holders tell you. If they allow you to stay, then yes. Otherwise, I expect the landlord would want you to sign a new lease for a year or something. I'd talk with whoever you're subletting from.

side note:

It's impossible for me to call DoS during the day, due to my work schedule being the same as theirs, and I can't really call them at work (I don't usually take lunch, so can't call then either).

Could anyone enlighten me with their email address, and whether OP1-6 will actually be helpful in telling me if I am at least on the waiting list?

[The_Dude 1,142]

me and Persona are playing AION Online ... its a very good game but its hard ...lot of time to kill grind kind of game and the most awesome pvp game i played so far..

you guys want to join or try it you can find us on marchutan server *asmodian side*

I know a bunch of people who went to play that when they opened to the public. All but 3 have come back though and all that returned had the same comments. The graphics are amazing, but that there is not enough content in the game at this present time to justify paying for it.

there is maybe not that much content but it sure hell keep us busy... and there is actually alot to do to enjoy yourself..

its smooth and run *not bad*

there is a patch upcoming soon...

i guess you have to try it to see...

but its nothing like wow.. its a very refreshing new style of game i found..

he he he, I really like wow, but that is because I am in one of the top 5 guilds on my realm. I tried the beta for Aion, but sadly, my computer needs a few upgrades to play it in all its glory.

[Spoom 8]

Unless it's possible that I can stay in my apartment by paying month to month even though I wasnt the one that signed the lease? (And that subletting is illegal according to the contract, whoops.) If anyone knows that'd be so helpful.

Rhiann, where do you live? If it's in Ontario, you should be able to go month-to-month by default due to the Residential Tenancy Act, Part V, section 38.1:

38 . (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (1).

They can't just kick you out in Ontario at the end of your lease if they don't have a good reason, and every "good reason" is iterated in the Residential Tenancy Act. You'll probably get the maximum guideline rent hike though, which is currently 1.8% for 2009. You'll also lose any "rent discounts" you may have received in your initial lease.

To get this effect, you'd have to get the leaseholders to assign you to their lease. They can do this by talking to their landlord. You'd also have to make sure they didn't submit their notice of termination already.

Edited October 16, 2009 by Spoom

[Rhiannercakes 14]

Unless it's possible that I can stay in my apartment by paying month to month even though I wasnt the one that signed the lease? (And that subletting is illegal according to the contract, whoops.) If anyone knows that'd be so helpful.

Rhiann, where do you live? If it's in Ontario, you should be able to go month-to-month by default due to the Residential Tenancy Act, Part V, section 38.1:

38 . (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (1).

They can't just kick you out in Ontario at the end of your lease if they don't have a good reason, and every "good reason" is iterated in the Residential Tenancy Act. You'll probably get the maximum guideline rent hike though, which is currently 1.8% for 2009. You'll also lose any "rent discounts" you may have received in your initial lease.

To get this effect, you'd have to get the leaseholders to assign you to their lease. They can do this by talking to their landlord. You'd also have to make sure they didn't submit their notice of termination already.

Hm, interesting. I never knew I could get my boss's (She's the one I'm subletting from, even though it's technically not allowed) lease assigned to me.

I just need somewhere to stay for a few more months after January.

I'll have to look into this.

Thanksssss.

[KnJ 0]

Unless it's possible that I can stay in my apartment by paying month to month even though I wasnt the one that signed the lease? (And that subletting is illegal according to the contract, whoops.) If anyone knows that'd be so helpful.

Rhiann, where do you live? If it's in Ontario, you should be able to go month-to-month by default due to the Residential Tenancy Act, Part V, section 38.1:

38 . (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (1).

They can't just kick you out in Ontario at the end of your lease if they don't have a good reason, and every "good reason" is iterated in the Residential Tenancy Act. You'll probably get the maximum guideline rent hike though, which is currently 1.8% for 2009. You'll also lose any "rent discounts" you may have received in your initial lease.

Yes, Rhiann, Spoom is totally correct, if you live in Ontario. You definitely can opt to not sign a lease but stay on in your current place month to month.

I researched up the wazoo, because assignment precisely what I'm going to do -- which is not subletting. Subletting is when you have someone pay your rent for a specific period of time but you intend on occupying the unit again. Assignment is when you have your exact agreement transferred to someone else, absolving you of any responsibility toward the rent from that point forward. Essentially, your name gets crossed off the lease. The lease has to remain exactly the same. The landlord cannot sign a new lease with someone on your place, say, at a higher rent, without signing an agreement to terminate your lease with them. Otherwise they have two lease agreements on the same unit and that is illegal.

If the contract says "no subletting" which I doubt would even be upheld by the Board, it technically doesn't say "No Assignment" which is what you want, and you can use that if you ever needed to. Your rights are that you can end a tenancy early by assignment. If your landlord refuses to let you, you can give your notice of termination and get out of the agreement. If the landlord refuses to rent to someone for no good reason, you can take them to the Board. They have to have a good reason.

However, trying to rent a place out, at least on my end, has been so nerve-wracking. In Toronto, there are a fair number of

To get this effect, you'd have to get the leaseholders to assign you to their lease. They can do this by talking to their landlord. You'd also have to make sure they didn't submit their notice of termination already.

I'm not sure I understand this part. To get what effect? I no read proper

I am figuring out a short term housing (monthly or weekly), which isn't cheap, but it gives me the flexibility I need. That, or some poor soul to take my cats and me in.

oh. but if you aren't the one on the lease... does the landlord know you're living there? who is it on the hook for the lease...

ooh this is starting to warrant it's own thread ; )

[Rhiannercakes 14]

Unless it's possible that I can stay in my apartment by paying month to month even though I wasnt the one that signed the lease? (And that subletting is illegal according to the contract, whoops.) If anyone knows that'd be so helpful.

Rhiann, where do you live? If it's in Ontario, you should be able to go month-to-month by default due to the Residential Tenancy Act, Part V, section 38.1:

38 . (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (1).

They can't just kick you out in Ontario at the end of your lease if they don't have a good reason, and every "good reason" is iterated in the Residential Tenancy Act. You'll probably get the maximum guideline rent hike though, which is currently 1.8% for 2009. You'll also lose any "rent discounts" you may have received in your initial lease.

Yes, Rhiann, Spoom is totally correct, if you live in Ontario. You definitely can opt to not sign a lease but stay on in your current place month to month.

I researched up the wazoo, because assignment precisely what I'm going to do -- which is not subletting. Subletting is when you have someone pay your rent for a specific period of time but you intend on occupying the unit again. Assignment is when you have your exact agreement transferred to someone else, absolving you of any responsibility toward the rent from that point forward. Essentially, your name gets crossed off the lease. The lease has to remain exactly the same. The landlord cannot sign a new lease with someone on your place, say, at a higher rent, without signing an agreement to terminate your lease with them. Otherwise they have two lease agreements on the same unit and that is illegal.

If the contract says "no subletting" which I doubt would even be upheld by the Board, it technically doesn't say "No Assignment" which is what you want, and you can use that if you ever needed to. Your rights are that you can end a tenancy early by assignment. If your landlord refuses to let you, you can give your notice of termination and get out of the agreement. If the landlord refuses to rent to someone for no good reason, you can take them to the Board. They have to have a good reason.

However, trying to rent a place out, at least on my end, has been so nerve-wracking. In Toronto, there are a fair number of

To get this effect, you'd have to get the leaseholders to assign you to their lease. They can do this by talking to their landlord. You'd also have to make sure they didn't submit their notice of termination already.

I'm not sure I understand this part. To get what effect? I no read proper

I am figuring out a short term housing (monthly or weekly), which isn't cheap, but it gives me the flexibility I need. That, or some poor soul to take my cats and me in.

oh. but if you aren't the one on the lease... does the landlord know you're living there? who is it on the hook for the lease...

ooh this is starting to warrant it's own thread ; )

I uh, THINK the landlord knows I'm living here but isn't saying anything. We didn't outright say "Someone else is living here"

My boss is the one on the lease. She has no want to ever live here again.

Maybe I can get her to assign the lease to me...

[ashenflowers 5]

I uh, THINK the landlord knows I'm living here but isn't saying anything. We didn't outright say "Someone else is living here"

My boss is the one on the lease. She has no want to ever live here again.

Maybe I can get her to assign the lease to me...

Then in effect, you can continue on with the arrangement as is, and don't need to even mention anything to the landlord since they don't seem too concerned about you being there. Under normal circumstances, the lease would automatically transfer to a month to month agreement anyways unless your boss (i.e. the leaseholder) goes in and signs a new lease. You will not be kicked out. If your boss contacts the landlord and tells them they want to remain on as month to month then you're fine. you just have to give appropriate notice to your boss (which you will of course.. lol), so they can forward appropriate notice to the landlord when plans are made to move out.

[Rhiannercakes 14]

I uh, THINK the landlord knows I'm living here but isn't saying anything. We didn't outright say "Someone else is living here"

My boss is the one on the lease. She has no want to ever live here again.

Maybe I can get her to assign the lease to me...

Then in effect, you can continue on with the arrangement as is, and don't need to even mention anything to the landlord since they don't seem too concerned about you being there. Under normal circumstances, the lease would automatically transfer to a month to month agreement anyways unless your boss (i.e. the leaseholder) goes in and signs a new lease. You will not be kicked out. If your boss contacts the landlord and tells them they want to remain on as month to month then you're fine. you just have to give appropriate notice to your boss (which you will of course.. lol), so they can forward appropriate notice to the landlord when plans are made to move out.

So is the assignment something I have to have in the form of a piece of paper, or is it just a verbal thing that the landlord doesn't need to know about?

I just want to do this right, more or less.

Sorry that I've totally hijacked this topic, someone can separate it if they want to though.

[SapphireDreams 71]

Ashen - to answer your questions earlier, definitely email Montreal and ask them the status of your case. My advice, keep the email short and sweet (2 sentences tops) and put your case number in the subject line.

[ashenflowers 5]

I uh, THINK the landlord knows I'm living here but isn't saying anything. We didn't outright say "Someone else is living here"

My boss is the one on the lease. She has no want to ever live here again.

Maybe I can get her to assign the lease to me...

Then in effect, you can continue on with the arrangement as is, and don't need to even mention anything to the landlord since they don't seem too concerned about you being there. Under normal circumstances, the lease would automatically transfer to a month to month agreement anyways unless your boss (i.e. the leaseholder) goes in and signs a new lease. You will not be kicked out. If your boss contacts the landlord and tells them they want to remain on as month to month then you're fine. you just have to give appropriate notice to your boss (which you will of course.. lol), so they can forward appropriate notice to the landlord when plans are made to move out.

So is the assignment something I have to have in the form of a piece of paper, or is it just a verbal thing that the landlord doesn't need to know about?

I just want to do this right, more or less.

Sorry that I've totally hijacked this topic, someone can separate it if they want to though.

It could be either or. If you have both discussed the situation, then yes it's a verbal agreement. However, I'd say the landlord does have every right to know who's living where, but I don't think you'd be held liable. It will be the lease holder since they signed the agreement. The thing I'd be concerned about would be the landlord asking you to sign on for another year on your own lease, if you want to transfer it to your name. It would probably be a good idea to talk to your boss, and have them tell the landlord the exact situation. That YOU are living there, but your boss is ok with the lease being in their name (if they still are). Then ask about just having it go month to month. The landlord would probably be ok with the situation as long as they knew the truth.

Ashen - to answer your questions earlier, definitely email Montreal and ask them the status of your case. My advice, keep the email short and sweet (2 sentences tops) and put your case number in the subject line.

Thanks!! I will do that.

Would this be who I'm looking to bug? montreal-iv-dv@state.gov

lol

Edited October 16, 2009 by ashenflowers

[Rhiannercakes 14]

I uh, THINK the landlord knows I'm living here but isn't saying anything. We didn't outright say "Someone else is living here"

My boss is the one on the lease. She has no want to ever live here again.

Maybe I can get her to assign the lease to me...

Then in effect, you can continue on with the arrangement as is, and don't need to even mention anything to the landlord since they don't seem too concerned about you being there. Under normal circumstances, the lease would automatically transfer to a month to month agreement anyways unless your boss (i.e. the leaseholder) goes in and signs a new lease. You will not be kicked out. If your boss contacts the landlord and tells them they want to remain on as month to month then you're fine. you just have to give appropriate notice to your boss (which you will of course.. lol), so they can forward appropriate notice to the landlord when plans are made to move out.

So is the assignment something I have to have in the form of a piece of paper, or is it just a verbal thing that the landlord doesn't need to know about?

I just want to do this right, more or less.

Sorry that I've totally hijacked this topic, someone can separate it if they want to though.

It could be either or. If you have both discussed the situation, then yes it's a verbal agreement. However, I'd say the landlord does have every right to know who's living where, but I don't think you'd be held liable. It will be the lease holder since they signed the agreement. The thing I'd be concerned about would be the landlord asking you to sign on for another year on your own lease, if you want to transfer it to your name. It would probably be a good idea to talk to your boss, and have them tell the landlord the exact situation. That YOU are living there, but your boss is ok with the lease being in their name (if they still are). Then ask about just having it go month to month. The landlord would probably be ok with the situation as long as they knew the truth.

Ashen - to answer your questions earlier, definitely email Montreal and ask them the status of your case. My advice, keep the email short and sweet (2 sentences tops) and put your case number in the subject line.

Thanks!! I will do

Hm, I'll talk to her about this when I see her again, which won't be till next Friday. I'll just have to leave her a note to not give her notice so I can talk to her about it.

I need her to double check her lease though to see if the assignment thing is allowed.

Thank you

[SapphireDreams 71]

Ashen - yes, that's the address.

[Spoom 8]

Hm, I'll talk to her about this when I see her again, which won't be till next Friday. I'll just have to leave her a note to not give her notice so I can talk to her about it.

I need her to double check her lease though to see if the assignment thing is allowed.

Thank you

To protect your rights and those of your boss, I'd definitely recommend you get the lease assignment in writing. Your landlord probably has a standard-issue lease assignment form you can use. Plus, you don't want to get evicted by the landlord due to not being on the lease (harder to do in Ontario, but possible).

If possible, you should both meet with the landlord at the same time.

If your boss assigns the lease to you, that stops him / her having to be your "landlord proxy", and if you kept doing that, the landlord could make a case that your boss was, in actuality, subletting to you, which you previously said was not allowed by the terms of the lease agreement.

I don't think your landlord will have a problem with this; they usually just want to make sure that they have everyone involved on the right paperwork.

Here's the relevant section for lease assignment of the Residential Tenancy Act. Note that your landlord could refuse the assignment; likely this would be due to them wanting you to sign another lease, or because of a failed credit check.

Edited October 17, 2009 by Spoom

[KnJ 0]

If your boss assigns the lease to you, that stops him / her having to be your "landlord proxy", and if you kept doing that, the landlord could make a case that your boss was, in actuality, subletting to you, which you previously said was not allowed by the terms of the lease agreement.

But I'm not sure a "no sublet" clause in a lease will hold up.

http://www.e-laws.gov.on.ca/html/statutes/...r17_e.htm#s97s1

A no pets clause in a lease doesn't hold up.

Whether there is any recourse for unofficially subletting (not telling landlord), I don't know. As long as the rent is getting paid...?

Generally a person who is renting is free to do what they want with the property as long as it isnt illegal, as long as they aren't violating some sort of "number of persons" limit (even with kids I think it's 100 sq ft /person), etc.

And as J said to me in my situation, try the personable, "let's get along" route before smacking 'em with the big heavy book

however, I also assert that if you don't know what the laws are, you could screw yourself if it does get legal.

[Sam and Ben 2]

Sent off my first (of many) email to Montreal today.

Yay for automated responses. However, this one I had to ponder at:

Q1: I have sent multiple inquiries, but have not gotten a response. Why?

A: Our hard-working Immigrant Visa Unit receives hundreds of inquiries every month. However, experience has shown some applicants call on the phone, send an e-mail and send a fax, all asking the same question or a variation of that question. Regrettably, we do not have a separate unit dedicated specifically to the hundreds of emails and faxes we receive every month; the staff who answer your inquiries are also responsible for processing the thousands of Immigrant Visa applications we receive every year. Thus, in order to serve applicants faster, we simply cannot continue to respond to inquiries requesting confirmation of receipt of documents or faxes. In addition, we hope that this list of FAQs will further ease this burden. We will truly attempt to answer every legitimate question not covered by these FAQs, and do so as quickly as possible.

I completely understand now. It must take a lot of energy for their five employees to answer my measly email and process my visa application while afk-healbotting in ToGC.

Damn. Who else prays for a server fail on maintenance day?

(I missed the nerdspeak from earlier... had to contribute.)