Landlord question...
 

Here's the deal...I found my current place, and decided to move in, on March 24th, but only dealt with the current tenant (My roommate). She showed me the place, explained rent, laundry etc. (Side note, she never mentioned anything about a lease being required) Anyhow, she asked me when a good time would be to meet the Landlord, I made my self available every day after 5pm (after work) and all day on the weekend. I was expecting to hear from him immediately.

Fast forward till today, April 7th, I've been living in my place for 7 days and have yet to still meet the Landlord. He has told me he would come over the past 2 days, I've cancelled plans and came home right after work to meet the guy, he's bailed on both occasions, the first day he called and cancelled, the 2nd he just bailed, no call.

The night before the first day he was supposed to come over, he had called my Roomie and told her that I needed to sign a lease now; this is after I'd been living there for 5 days and no lease was ever mentioned prior to me moving in. Had a lease been required I had another place I would have happily moved into for $100 more a month.

So, can this guy push a lease on me after me living there for a period of time? Do I have any rights? Is there any info I should know since he's been a total flake and made no effort to meet me prior to me moving in, or over the past week?

I've checked the tenancy website but can't find any specific information regarding the lease thing.

Thanks in advance.

Did you sign anything?

Since you've already moved in, I believe he needs a better reason than this guy doesn't have a lease with me in order to kick you out. Therefore, I don't think he can force you to sign a lease.

So the current person lives there and you are becomming a 2nd? or taking over from them?

they probably have signed lease already. which would probably effect things.

a good way to meet him : hold the rent check ;)

if he asks why its late- tell him u wanted to meet him,and personally hand it over to him.

I would offer to sign a month to month lease. so you can leave with 30 days notice, or he can ask you to leave with 3 month notice. unless you go against what is said on the lease etc..

Don't sign anything.
From what I heard and from what renter's have told me, the tenants in BC have the most ridiculous rights in the WORLD. So from what you've told us, you seem to have a pretty solid case.

My cousin manages a couple apartments/condo's etc.. and this one guy pulled the biggest BS on him/the company he works for.
He hasn't paid rent since January 1st. He filed for something? i forgot, and the court date wasn't set up until mid March but then there was some technical error in paperwork and now they have to reschedule something.. etc etc.. this is still going on. So this guy, who i assume is a pro/does this a lot, is living rent free since january, and my cuz said they are not allowed to enter the home or they'll get in deep shit.

being signing the lease was never required prior to you moving in they can not force you to sign one now. You can however sign a rental agreement that just stipulates the rules, like that you need to give one months written notice, and how the place is to be left if you do leave. I would let the landlord know you will sign a month to month 'rental' agreement but a lease is not something you are prepared to sign as there was no mention of a lease before you moved in.

http://www.bclaws.ca/Recon/document/...0_02078_01.xml

Under section 34, depending on the agreement signed between the 1st tenant and the landlord, you don't have the right to be there in the first place.

Will need more details on the situation to access what is right and wrong under the Residential Tenancy Act.

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To the above poster, I am taking over someone else who has lived here for the past 1.5 years, prior to that person, another girl, whom I know, lived here for two years. So the Landlord has been aware for the past 3.5 years that 2 people have been living here. It is not a sublet against a lease kinda deal.

I'll propose the Month to Month agreement with the written notice thing. On a side note, I have not given anyone any money or damage deposit. My roommate has not asked for it, and the guy hasn't made any attempt to get it. I'm a little hesitant to give a damage deposit as from what I've seen of this guy, it would take a month to get back...

Ugg, why can't I just get a normal fucking apartment with normal landlords and normal people.

You have not signed anything and have not paid anything. Under the law you are just a guest and you can be kicked out any time. You have no rights under the law.

did the landlord ok u to move in, if so, u have a case, if he/she didn't then ur out..
the previous tenant cannot decides who moves in, its the landlord who does..

if the landlord ok'ed u to move in, and now asking u to sign , then no. u dont need to

he's right. you have no legal ground at the moment. no payment. no signature. you got nothing, except your word against his word.

he has the right to ask you to sign a lease. if you refuse, you can leave. and he can kick you out right away.

or, if you AND the landlord agree that you currently have a verbal agreement, then it's considered a month-to-month tenancy, which also allows him to kick you out at any time, provided he gives 30 daysnotice.

If you decide you want to live there, even for a week, then you need to provide a damage deposit if he requests. You can't get around that.

Hope that helps.

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I HAVE been living here for a week, and he has not came by, has not called, has not requested anything. We have attempted to get a hold of him, but he simply has flaked out on two meeting days, and not called us since. Both me and my roommate have been trying to get a hold of him to sort out this crap.

Document everything!

He has no proof that the landlord said it was OK. It`s his word against the landlords.

Maybe he is lazy or forgetful like me. Setup another appointment and see if he comes. Make sure you sign a lease even it it is month to month. It will protect you and him.

I know you're living there. But you haven't signed anything. So technically you have no right to live there.

He may be irresponsible by not sorting this out with you sooner. But it's not exactly responsible either to move in somewhere before meeting the landlord and signing the paperwork.

What kind of place is this, apartment building, condo or basement suite?

Each type of place has its own system.

My gf and I manage 2 buildings and rent our townhouse. We treat everything differently. In the building we live in, we keep it pretty lax. A LOT of managers don't. We sign everyone to a year lease, but if they want out early, we let them-shit like that.

Don't be worried about the damage deposit. He's got 2wks exactly to give it back to you from the day you move out. Otherwise, it's like 1.5x the amount!!
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