REVscene - Vancouver Automotive Forum

scoughty · 10-12-2010, 04:23 PM

I have read the Landlord & Tenant Act BC about landlord illegal entry, etc.

Some history, I recently suffered an injury after working hours, and as I do not qualify for WCB, I was forced to apply for Income Assistance. I have not missed any rent payments, no wild parties, no criminal activity, no violence or threats, but this landlord has decided I can no longer be trusted to pay the rent because of my lower income at this time. Today he threaten to move me out and change the locks when I leave here for what ever reason, if I didn't move out by friday. I spoke with the Landlord & Tenant office, and they advised me, he can not do this. That being said, what would stop him, if he chose to do this, so I ask,

Can the police do something if I come home and all my stuff is sitting on the lawn, and locks been changed?

I was also wondering if it is illegal for me to record conversations between myself, and the landlord?

Bainne · 10-12-2010, 06:48 PM

To answer your questions in reverse order

Quote:

I was also wondering if it is illegal for me to record conversations between myself, and the landlord?

No, provided you are the party to which the landlord is speaking.

The Criminal Code, R.S.C. 1985, c. C-46 restricts the recording of private conversation, provides an exception where one of the parties to the private communication consents to the interception of that communication.

Simply put, you can record a conversation in which you are involved in, or are known to be overhearing. (Unless you don't consent to yourself, taping yourself

)

Quote:

Can the police do something if I come home and all my stuff is sitting on the lawn, and locks been changed?

Yes, you would be able to call the police and claim trespassing. I don't know if the police would be inclined to deal with the situation?

Legally, even if you are a deadbeat tenant, a landlord CANNOT even enter the domicile, without a court order, arbitrators order, if it is abandoned, in case of emegency, or without 24 hours written notice and/or your consent.

See RTA s.29-31

---------

Finally, regarding your first situation, going on EI/WCB etc. I can't find the exact section of the RTA, but a landlord cannot discriminate against you based on your employment etc.
There is also a VERY strict guidelines for eviction, and they must go through the proper hoops.
He could ONLY do so if you failed to pay your rent.

Volitaire · 10-12-2010, 08:03 PM

Anything under the tenant act is not enforced by police as police powers come from very specific statutes and I don't believe the tenant act gives any. And the Criminal Code has little in this area.

Best recourse is civil courts if that happens..

You'd probably be hard pressed to get the police to charge a landowner with assault by trespass (criminal code) under these circumstances. It'd be a civil dispute which the police won't get involved in..

scoughty · 10-13-2010, 08:43 AM

Thanks for the replies, I found the Human Rights Code, Section 10, under Contents.

http://www.bclaws.ca/EPLibraries/bcl...de/00_96210_01

TheNewGirl · 10-13-2010, 08:57 AM

You can also contact the tenancy board and they will advocate for you. I had a land lord who tried to evict me in a very short period of time for no reason. They called her at her work and laid down the law to her, including my rights, her rights and her obligations to me.

If you have no missed any payments or violated any of your agreements with him, he needs to give you two, full months notice in writing. UNLESS you have a lease in which case he has to give you notice that your tenancy will not be renewed at the end of the lease, also in writing.

Even if you defaulted on your payment to him you would have 5 days to make it up and if you failed to do so he would have to give you 15 days notice. Again in writing.

taylor192 · 10-13-2010, 10:07 AM

It sounds like this is another amateur landlord renting a basement suite. If the landlord does anything foolish, add CRA to your list of people to call. I bet the landlord doesn't declare the income either.

If your stuff ends up on the front yard, document it carefully with pictures and a witness. Then take the landlord to civil court and claim anything, even the smallest of scratches, that the landlord possibly caused.

Landlords like this need to be taught a lesson.

Soundy · 10-13-2010, 12:51 PM

In fact, wouldn't hurt to take some pictures (timestamped, natch) of your more valuable/fragile items NOW, while they're indoors and in good condition... so if something does get damaged later, you have proof of its current state.

TheNewGirl · 10-13-2010, 01:15 PM

^ +1

And of the apartment, so that your land lord can't claim you've damaged it and so on.

scoughty · 10-13-2010, 11:15 PM

taylor192. he did say he wanted cash, wants to fly under the radar.

scoughty · 10-13-2010, 11:18 PM

I did speak to the RTO, they didn't offer to advocate for me, nor did I ask. They did tell me to download some fact sheet from there dite and present to the lanlord. I'll call them back today, and see if they will get involved. Thanks.

taylor192 · 10-14-2010, 08:40 AM

Quote:

Originally Posted by scoughty

taylor192. he did say he wanted cash, wants to fly under the radar.

Report him anyways, or PM me your address and I'll report him. If the landlord can afford the expensive house, the landlord can afford to pay his fair share of taxes too.

He will probably try to claim you don't have a real lease and are not protected under any tenant law too, since your rent is cash and there are no receipts. Best thing you can do is document everything.

I would start paying him with cheques. Tell him straight up that you want documentation of paid rent since he has threatened you with eviction. I would not pay him a penny more in cash from now on. I hope you have a receipt for your damage deposit, otherwise get one.

TheNewGirl · 10-14-2010, 09:13 AM

I would second the paying with cheques. Then you have a record of all payments he's taken from you.

wing_woo · 10-14-2010, 12:00 PM

Quote:

Originally Posted by TheNewGirl

If you have no missed any payments or violated any of your agreements with him, he needs to give you two, full months notice in writing. UNLESS you have a lease in which case he has to give you notice that your tenancy will not be renewed at the end of the lease, also in writing.

Actually, only reason landlords can use to terminate residency (regardless of whether you have a lease or not) is if they intend to move in themselves, (not sure if immediate family member counts too, but I think it does) or you sell the place and the new owners don't want to rent to you.

Of course there are other ways they can get you to move such as legally raising your rent so that you don't want to stay anymore. (yep, there are guidelines to raising the rent)