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6thGear. 04-18-2023 12:59 PM
Quote:
Originally Posted by Great68 (Post 9096305)
Just to expand and clarify

A seller can't end a tenancy because they're posting their house for sale. A seller can't be like "Hey we're selling the house, you need to get out".

Technically it's the buyer who is issuing the notice to end tenancy (for landlord use), so there has to be a sales agreement in place with a closing date established and it has to provide the necessary notice period.

The new owner has to be careful, if they turn around and just re-rent the unit again and the former tenant finds out they can challenge this to the rta and the new owner can be on the hook for 12 months of rent compensation to the former tenant.
Yed. The buyer will give notice to sellers to give notice to the tenant to move out. The buyers also doesn't have to move in if a blood relative is moving in (parents/kids) siblings don't count.

But this is correct. You simply can't evict your tenant cause you're selling and generally notice is given once the deal firms (all SR is done).

Manic! 04-18-2023 01:01 PM
If you have any questions about tenant laws in BC use chat GTP. It's amazing.

Eff-1 04-18-2023 03:21 PM
Quote:
Originally Posted by 6thGear. (Post 9096291)
the tenant decides they won't allow access (which is a tenants right)
Isn't a tenant required under the RTA to give a landlord access provided the landlord provides enough notice?

Simplex123 04-18-2023 04:03 PM
Quote:
Originally Posted by Eff-1 (Post 9096328)
Isn't a tenant required under the RTA to give a landlord access provided the landlord provides enough notice?
Technically yes, as long as there is a 24 hour notice and sufficient reasoning behind the access - the landlord can enter with their own key without the tenant being present.

However in the real world if the tenant is being a dick they can say somebody stole their shit and call the cops on you and make your life extremely difficult. In some cases it's just not worth the hassle.

donk. 04-18-2023 04:27 PM
Quote:
Originally Posted by Great68 (Post 9096305)
Just to expand and clarify

A seller can't end a tenancy because they're posting their house for sale. A seller can't be like "Hey we're selling the house, you need to get out".

Technically it's the buyer who is issuing the notice to end tenancy (for landlord use), so there has to be a sales agreement in place with a closing date established and it has to provide the necessary notice period.

The new owner has to be careful, if they turn around and just re-rent the unit again and the former tenant finds out they can challenge this to the rta and the new owner can be on the hook for 12 months of rent compensation to the former tenant.
Sold my rented condo x months ago:

Told the tenant it's being put up for sale, they may or may not have to move depending on buyer.

Buyer put in offer, stating tenant needs to be out as condition

Signed offer

Gave tenant 2 FULL months, plus however many days left in current month of notice, tenant signed. ( I think it was 2 months and like 25 days....)

Conditions removed

Unit sold 2.x months later, tenant moved out a few days prior to closing date. I had to pay 1 month fee to tenant for kicking them out.

New owner occupied unit

Good to go.

Note: my tenant was on month to month at this time, I don't know if it would different due to a 1 year lease in place

Simplex123 04-18-2023 05:19 PM
Quote:
Originally Posted by donk. (Post 9096347)
Note: my tenant was on month to month at this time, I don't know if it would different due to a 1 year lease in place
Yes it is different if they were within their fixed term. They are entitled to no changes during the full term period.

So if you have any intentions of selling a property, only sign a short lease with your tenant to give yourself more flexibility.

Great68 04-18-2023 05:23 PM
What you did is pretty much how it goes. If your tenant stayed in the unit for the 2nd month of the two month notice, you didn't have to give them an additional month payment on top of that.

(it's 2 month notice. If they leave in 1 month, you pay them for that second month. If they stay the full two months, that second month is free but you don't pay extra on top of that)


Legally important semantics: You can't make a ending a tenancy a "condition of sale". (https://www.bcrea.bc.ca/legally-spea...perties-553/#3) The buyer asks for Vacant Possession once the conditions of sale has been satisfied. , It's just up to the real estate agent to ensure that timing of sale completion/possession allows for that notice period to occur.

donk. 04-18-2023 06:15 PM
Don't think that's correct

"""When a landlord ends a tenancy to use the property, they must compensate the tenant one month's rent."""

Regardless, it's all done now

Great68 04-18-2023 06:42 PM
https://www2.gov.bc.ca/gov/content/h...o-month-notice

Landlord compensates tenant one month's rent
When a landlord ends a tenancy to use the property, they must compensate the tenant the equivalent of one month's rent.

Compensation must be given on or before the move-out date on the two-month notice to end tenancy.

Paying rent during the notice period
The tenant must pay the rent for any part of the time they stay during the notice period.

No rent in the final month when the tenant stays for the full notice period
The tenant can choose not to pay rent for the final month of the tenancy.

The month without paying rent is the tenant's compensation.

donk. 04-18-2023 08:42 PM
Quote:
Originally Posted by Great68 (Post 9096353)
If they stay the full two months, that second month is free but you don't pay extra on top of that)
.
Misread this as "it's free because I paid them"

All good in that case, they paid last month, and then I paid it back

Euro7r 04-18-2023 09:18 PM
Here we have these bullshit rules that protect the renters left and right, yet we constantly hear in the media about lack of rental housing yadadada. Why on fucking earth would anyone want to rent out their home unless they absolutely have to. I wouldn't want to deal with kind of bullshit lol.

SSM_DC5 04-18-2023 10:57 PM
I hear stories of squatters and many months before they can be kicked out, but this lady is kicked out and bailiff has already removed everything within 1 month......how?

https://globalnews.ca/news/9634182/b...after-surgery/

6thGear. 04-18-2023 11:47 PM
Quote:
Originally Posted by Eff-1 (Post 9096328)
Isn't a tenant required under the RTA to give a landlord access provided the landlord provides enough notice?
Landlord has to give minimum 24 hr notice and tenant must give permission, but the tenant has the right to peaceful enjoyment. When a landlord is allowed to enter without tenant permission, it must be under serious /dire situation, ie property is flooding, fire, police access, etc. Showings/Open houses/home inspection doesn't count, and on top of that, if the tenant feels there's unreasonable amount of showings, they're allowed to refuse entry.

Quote:
Originally Posted by Simplex123 (Post 9096351)
Yes it is different if they were within their fixed term. They are entitled to no changes during the full term period.

So if you have any intentions of selling a property, only sign a short lease with your tenant to give yourself more flexibility.
Once a lease ends, it automatically goes month to month.

Quote:
Originally Posted by SSM_DC5 (Post 9096387)
I hear stories of squatters and many months before they can be kicked out, but this lady is kicked out and bailiff has already removed everything within 1 month......how?

https://globalnews.ca/news/9634182/b...after-surgery/
All these RTA rules means shit, if the tenant squats, they squat. Even applying for an Order of Possession, you still have to apply for a Writ of Possession with the BC Supreme Court to enforce the Order before a court approved Bailiff comes and physically removes the squatter. So yes, can take months.

J____ 04-19-2023 01:41 AM
Quote:
Originally Posted by carsncars (Post 9095873)
...what's the penalty for that? Can you impeach a strata president lol
We can all sue the strata council if we can prove all this, but it'll take years to gather the evidence and someone to actually lead it. Unfortunately majority of the owners in our building are senior Chinese/hk owners, they complain but can't really be bothered when action is needed.

J____ 04-19-2023 01:43 AM
Quote:
Originally Posted by Eff-1 (Post 9095884)
This whole thing about fake proxies is crazy to hear. But there are also some safeguards to prevent this. In order for an owner to bring a proxy, he/she needs to give the property manager in advance a signed form where the absent owner has signed and dated and declared someone else to be their proxy. The proxy vote at the meeting is only valid if that form is submitted in advance.

But let's say the president submitted a bunch of fake proxy forms with forged signatures.

In that case, the owners who were named as proxies (but aren't) could easily demand the strata invalidate the meeting entirely, and if the strata failed to do so, it would be a case for the Civil Rights Tribunal and would be a slam dunk if there ever was one.

Also, yes you can remove a strata council member. You need 50% of the owners in attendance at an AGM or SGM to vote to remove someone and they are out.

To call a SGM, you need 20% of the owners to ask for one.

I know this is all easier said than done, and the system isn't perfect. But there are ways to fight against this stuff. The problem is a lot of people are apathetic and can't be bothered to put in the effort, unfortunately. I can tell you that if someone used my name on a proxy and I didn't give permission, there would be hell to pay lol.
It's impossible for use to do at this point because 1. not much people bothered to care in the past 2. since no one cared, not much evidence was gathered as proof and 3. there's a huge disconnect between the complainers and the ones that are actually willing to put those complaints into action

J____ 04-19-2023 01:51 AM
Quote:
Originally Posted by Gerbs (Post 9095617)
It should be a vote, the president doesn't choose who's in the council
no one showed up in the past because of language barriers and majority of the voters are in her inner circle, the rest fake proxies. This time we met someone who got elected on her council years ago and left after a year because she said the president would pressure everyone to follow her or she'd pressure them, disrespect them, and basically ignore anything they said and was "very aggressive" was their exact words. It was pretty crazy to hear considering this president is 80+ yrs old ..


Also we speculate she has a list of all the owners who do not reside in the country and somehow has all their proxies. Unless we somehow gather everyone currently living there to come and vote in person, no one legit is getting on that council. Last agm we had, all the names of proposed council members are pre-typed on the agenda. When everyone complained was that list scrapped and blank sheets were made up on the spot for people interested in joining to write their names.

sonick 04-19-2023 09:19 AM
Quote:
Originally Posted by carsncars (Post 9096072)
Here's a unique house: https://www.zealty.ca/mls-R2768205/4...-Vancouver-BC/

https://cdnparap130.paragonrels.com/...62789832-8.JPG

That said I can't help but wonder how much it costs to heat that place with what looks like baseboard heaters only...
Turns out this house was designed by a renowned Vancouver architect who designed the Shangri-la among other buildings in Vancouver

https://www.dirt.com/gallery/more-di...etours-012s-2/

Traum 04-19-2023 09:30 AM
https://www.realtor.ca/real-estate/2...ew-westminster

R2765072
$1.37M
241 FURNESS STREET, New West
1823 sq-ft (land size 3000 sq-ft)
built in 2006

Aside from the fact that it is probably a traffic disaster during most parts of the day with minimal public transit services, are there any other gotchas in that area? Is the area prone to flooding if we get another atmospheric river like we did in 2021?

https://cdn.realtor.ca/listing/TS638...R2765072_1.jpg

https://cdn.realtor.ca/listing/TS638...2765072_27.jpg

JDMDreams 04-19-2023 10:11 AM
^ yes you better know how to swim, garage looks pretty narrow not sure how well 2 cars gonna fit, no driveway so every time you gotta pull the car inside and have to open the garage.

Simplex123 04-19-2023 10:16 AM
Quote:
Originally Posted by SSM_DC5 (Post 9096387)
I hear stories of squatters and many months before they can be kicked out, but this lady is kicked out and bailiff has already removed everything within 1 month......how?

https://globalnews.ca/news/9634182/b...after-surgery/
The landlord probably served a 10 day notice due to unpaid rent and gave a notice to enter property for inspection or abandonment. Then they can pack up their belongings for storage for up to 60 days.

In this example she mentioned she had her sister and good friend to lean on, but neither of them ever thought to tell the landlord she's in the hospital so they can come up with a solution.

Quote:
Originally Posted by 6thGear. (Post 9096388)
Landlord has to give minimum 24 hr notice and tenant must give permission, but the tenant has the right to peaceful enjoyment. When a landlord is allowed to enter without tenant permission, it must be under serious /dire situation, ie property is flooding, fire, police access, etc. Showings/Open houses/home inspection doesn't count, and on top of that, if the tenant feels there's unreasonable amount of showings, they're allowed to refuse entry.
There's lots of ambiguity in the RTA left for you to interpret. https://www2.gov.bc.ca/gov/content/h...r%20the%20site

Quote:
A landlord may enter:

The rental unit once per month to inspect the condition of the property – proper notice to tenants is required
The rental unit to complete repairs or maintenance – proper notice to tenants is required
To show the property to prospective buyers or tenants – proper notice to tenants is required
Quote:
The purpose for entering a rental unit must be reasonable – a landlord may enter a tenant’s rental unit only in one of these circumstances:

There’s an emergency and entry is necessary to protect life or property
The tenant is at home and agrees to let the landlord in
The tenant agreed, not more than 30 days before, to let the landlord enter
The tenant was given written notice outlining the date, time (between 8 a.m. and 9 p.m.) and purpose – at least 24 hours before and not more than 30 days before
The tenant has abandoned the rental unit
The landlord has an arbitrator’s order or court order to enter the rental unit
Quote:
RTA 29 (1)(b) at least 24 hours and not more than 30 days before the entry, the landlord gives the tenant written notice that includes the following information:
(i) the purpose for entering, which must be reasonable
It doesn't state that the tenant must be present for any of those conditions - it just requires a proper notice and one of the above reasons. My understanding from reading that and the terms in the RTA, inspections comply with the terms.

Again, by the book you can do it, but in practice if the tenant is an asshole they will make sure to find ways to screw you over or at least make your selling process extra difficult.

Quote:
Originally Posted by 6thGear. (Post 9096388)
Once a lease ends, it automatically goes month to month.
I meant if a landlord had an idea that they might sell within 12 months, to just sign a 6 month fixed term, and have it go month to month afterwards so they are more flexible in finding a buyer (can purchase for self use or investment). Whereas if they signed a 12 month lease and wanted to sell 8 months in, they have to sell the property with the tenant and the existing lease - limiting prospective buyers.

van_driver 04-19-2023 10:19 AM
Anyone dealt with RTB recently or know how much time they give the tenant to move out?

Had a tenant sign a mutual agreement to end tenancy for June 1st. They decided to dispute it and told me in writing they're disputing just to buy more time. Tenant thought we wouldn't get a hearing for months but we end up getting a hearing date for June 27th. If the arbitrator finds the mutual agreement to be valid, how much time will they give the tenant to get their stuff out?

carsncars 04-19-2023 10:51 AM
Quote:
Originally Posted by sonick (Post 9096437)
Turns out this house was designed by a renowned Vancouver architect who designed the Shangri-la among other buildings in Vancouver

https://www.dirt.com/gallery/more-di...etours-012s-2/
Neat - I had just been thinking that the way the architect used skylights (e.g. the panels above the staircase) reminded me of a lot of public buildings from the 70s/80s.

carsncars 04-19-2023 11:04 AM
Quote:
Originally Posted by Traum (Post 9096440)
https://www.realtor.ca/real-estate/2...ew-westminster

R2765072
$1.37M
241 FURNESS STREET, New West
1823 sq-ft (land size 3000 sq-ft)
built in 2006

Aside from the fact that it is probably a traffic disaster during most parts of the day with minimal public transit services, are there any other gotchas in that area? Is the area prone to flooding if we get another atmospheric river like we did in 2021?
My friend lives in a townhouse in that area.
  • You mentioned it already but it's worth mentioning again that traffic is an absolute clusterf*ck during rush hour/most of the day. It works alright for my friend because he works odd hours and it's actually very central when traffic isn't a consideration, but he's in a very specific situation. It's a connector between multiple municipalities that is heavily bottlenecked at 3 points (Queensborough, Alex Fraser, 91A).
  • There wasn't significant flooding in the area during the atmospheric river in 2021. However, his insurer will not sell him overland/flood insurance. This isn't an uncommon experience amongst other owners in his strata.
  • You gotta cross a bridge or head into Richmond for real (i.e. not Walmart) grocery stores
  • There is now an elementary and middle school in the area, but the high school involves crossing the bridge
  • Seems like power outages are more frequent in the area
  • I can't reiterate enough how rough the traffic situation is if you drive during normal person hours.

On the positive side, he likes that the area feels safe with low crime. The community is made up of a lot of young families.

Hondaracer 04-19-2023 11:20 AM
Traffic is so unpredictable there it would be such a shit show if you had a job or an arrangement that relied on being somewhere at a certain time

Wormiez 04-19-2023 12:06 PM
The land in that area is highly unsettled. You can see this in the misaligned power lines post and fractured roads.

New West spends the most upkeep in that area to make the infrastructure sustainable. To the point, constant pot-hole and replacement is occurring annually.


Quote:
Originally Posted by Traum (Post 9096440)
https://www.realtor.ca/real-estate/2...ew-westminster

R2765072
$1.37M
241 FURNESS STREET, New West
1823 sq-ft (land size 3000 sq-ft)
built in 2006

Aside from the fact that it is probably a traffic disaster during most parts of the day with minimal public transit services, are there any other gotchas in that area? Is the area prone to flooding if we get another atmospheric river like we did in 2021?


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