[sonick]

What a major pain in the ass.

FUCK. Just got word the great new apartment my roommate and I signed a lease on a few days ago for Sep 1st through a realtor, the owners now decided they want to move into it themselves.

We'd like to start a dispute claim against them via the RTA, but if they were to enforce the 1 year lease it would just be awkward for all parties.

There are other units available in the building but with a much shittier floorplan or on a lower floor with poorer view, and we have already wasted a week expecting to get this place when we could've been looking for another place.

Anybody have any advice on what we can do or perhaps what outcome the dispute resolution would have and try to settle it outside of the dispute process?

Thanks

[shenmecar]

pics of owner + RS beat down crew.

[TheNewGirl]

You should talk to the tenancy board, the owners may be on the hook to cover your moving and relocation costs to find a new place if you are on the hook to get out of your place by the 1st.

Owners CAN reneg on a lease so they can occupy a property themselves. Usually it's 2 months notice (from the first of the month) and they have to cover some of your moving costs IIRC.

[elcurto99]

Read your lease, and read the BC tenancy rules. Sounds like breach of contract.

[EmperorIS]

sounds like he needs to compensate some $

[TheKingdom2000]

Wow, that sucks man. I know it's a long ass read, but just read the tenancy act. Also, ask your realtor you used, I'm sure they know what the proper protocol is. But, don't take their word for it and read up on the tenancy act.

I would ask for some money to cover moving and time
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Gridlock]

I wouldn't go to the RTA just yet. Call them, and find out what happens in this case, but your best action is to talk to the guy.

If that goes badly, then sue.

The standard is 2 months notice, with one of them free. I'd call the guy up and say I'm happy to tear the lease up...for a month's rent.

I can't see you being compensated any more as you didn't move in. And really, a month's rent just for signing the paper? Not bad.

If they say no dice to that, tell them they can give you notice to end tenancy on the 1st, meaning you'll be moving out on october 31st...and they'll still have to give you a free month-plus couch surf themselves for 2 months.

I'm sure you can work this out without the banches involvement. Keep my wait times down please...I've got people needin ' evictin'.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Psykopathik]

buy bag of instant concrete. use creatively on the day you move out.

[Nlkko]

The OP hasn't moved in. Why would he move in just to move out a few months later. That idea makes no sense. It's a bitch to pack and move even for one person.

It's not "for just signing the paper". Whoever said that have zero idea how annoying it is when you have to look for rental. You could have a few places you want to rent but you can only sign with one. Imagine a few days later, they flake so you're out 1-2 weeks, the other places are all rented out, it's the end of the month and you have to move out of your old place. See the hassle?

[murd0c]

Waiting for a response from Taylor192 :D

[Gumby]

I currently own my place, and I need more space. Problem is that if I move to a bigger place, I might need to rent part of it out, in order to afford it.

All of the recent struggles between owners & tenants being discussed here on RS freak me out!

Then again, you only hear about the bad cases...

[taylor192]

Waiting for a response from taylor192 :D

Gridlock summed it up nicely.

My last landlord want to move back in, with only a month's notice. We politely told them that's not legal (I still cannot believe they tried, with a written notice no less) yet we would accommodate them on the condition that they refund our last month's rent, and give us an additional 1/2 month's rent to cover the hassle of organizing to move out with only a month's notice. They agreed and life was good, we had 1.5 months free rent!

Yet... and this explains why I dislike amateur landlords, they thanked us for this by nit picking every detail when we moved out. They were obviously unhappy about having to eat 1.5 month's rent and trying to make us pay to return their condo to pristine condition so they could move in right away.

They even sent us a bill for using the elevator when moving out (a strata rule)! I figured they should be nice and eat it since we saved them the hassle of finding somewhere to live for a month and moving twice. Needless to say we never paid that bill, and have never heard from them again.

This is why I commented in the other thread that even "meh" attitudes can land you on a bad amateur landlord's "fuck off" list if you don't bend over backwards to meet their demands. There's too many bad amateur landlords in this city.

I wouldn't go to the RTA just yet. Call them, and find out what happens in this case, but your best action is to talk to the guy.

If that goes badly, then sue.

The standard is 2 months notice, with one of them free. I'd call the guy up and say I'm happy to tear the lease up...for a month's rent.

I can't see you being compensated any more as you didn't move in. And really, a month's rent just for signing the paper? Not bad.

If they say no dice to that, tell them they can give you notice to end tenancy on the 1st, meaning you'll be moving out on october 31st...and they'll still have to give you a free month-plus couch surf themselves for 2 months.

I'm sure you can work this out without the banches involvement. Keep my wait times down please...I've got people needin ' evictin'.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[TheNewGirl]

I currently own my place, and I need more space. Problem is that if I move to a bigger place, I might need to rent part of it out, in order to afford it.

All of the recent struggles between owners & tenants being discussed here on RS freak me out!

Then again, you only hear about the bad cases...

If you live in the house with someone you're renting to you have the most power as a land lord (as you're allowed to discriminate to a greater degree as to who you'll rent to and you're more able to evict them if you have issues).

That said. You have to live with the person.

I've rented for years and years and my best experiences have always been in buildings with a professional land lord. That aside my best experiences have been when I've rented from someone I know through someone else. Having a social connection, how ever small, seems to make people far more inclined to behave civilly towards each other.

[taylor192]

I currently own my place, and I need more space. Problem is that if I move to a bigger place, I might need to rent part of it out, in order to afford it.

All of the recent struggles between owners & tenants being discussed here on RS freak me out!

Then again, you only hear about the bad cases...
If you end up renting a room in your own place, understand you're more than a landlord. Fuck, I felt like Dr Phil at times trying to keep the peace.

A trick is you cannot treat it as "your place". It becomes a shared apartment where your roommate gets an almost equal say in things. If you start telling them "no, its my place, you cannot do that" you'll quickly not have a roommate, or an angry one plotting revenge. This can be really bad if you've not budgeted for surprise vacancies (I always had a slush fund, I expected at least one roommate to be a flake).

If you're used to "my way or the highway", like most people who live alone, don't rent one of your rooms. I currently live with someone who used to live alone and its annoying, I'm looking for a new place.

[taylor192]

I've rented for years and years and my best experiences have always been in buildings with a professional land lord.
x2 Companies tend to be professional, individual landlords not.

That aside my best experiences have been when I've rented from someone I know through someone else. Having a social connection, how ever small, seems to make people far more inclined to behave civilly towards each other.
I was going to comment on the exact opposite. Strangers tend to tread lightly as they don't know the person, while friends and acquaintances tend to think the other person might be OK with something without asking based on a social norm that may not be true.

[dinosaur]

Gridlock summed it up nicely.

This is why I commented in the other thread that even "meh" attitudes can land you on a bad amateur landlord's "fuck off" list if you don't bend over backwards to meet their demands. There's too many bad amateur landlords in this city.

what is all this shit you go on about being "amateur" landlords?

I'm all pro baby...

[taylor192]

what is all this shit you go on about being "amateur" landlords?

I'm all pro baby...

LOL

You might be pro with 90 units, yet there's a lot of single/basement unit amateur landlords in this city.

[quasi]

I currently own my place, and I need more space. Problem is that if I move to a bigger place, I might need to rent part of it out, in order to afford it.

All of the recent struggles between owners & tenants being discussed here on RS freak me out!

Then again, you only hear about the bad cases...

I currently have a basement I could easily suite and rent out paying the majority of my mortgage. It's not worth the headache for me because of all the bullshit, I'd rather just do without and not have to worry about having some idiot living with me.

I might end up with the perfect tenant but I'd rather not risk it.

[sonick]

So I did some more reading and it looks like if we were to force them to go through with the agreement, they have to do it for a full 1 year as we signed a fixed-term lease agreement, regardless of their own use.

[zulutango]

Maybe if you offered to buy out your 12 month lease for cash they could move back in sooner and you would have a wallet full of $$$$$$. If they want it bad enough then that may be your way to accomodate their wish to come back 'Home" right away?

[hk20000]

Standard procedure is a 2 month notice on Sept 1st, and you move out Oct 1st with pocket full of 1 month's rent or Nov 1st with the Oct 2nd - Oct 31st live for free. plus leeway for notice receiving time (but you already received it)

It should not be possible to force you out otherwise, unless you and the owner agreed to void the contract you have at hand, which means they at least have to give you 2 months to live in one way or another...

If you signed a 1 year lease then they cannot move in unless eviction agreed by both you and the owner, even if the owner wants it back for their own purposes...

Info brought to you by REALTOR(R) k.

[sonick]

If you signed a 1 year lease then they cannot move in unless eviction agreed by both you and the owner, even if the owner wants it back for their own purposes...

Info brought to you by REALTOR(R) k.

Thanks. This is the situation now, we have a 1 year fixed term lease agreement. Hopefully they will pay us off.

Fuck what a pain, it was a damn nice apartment too.

[drunkrussian]

just take the money and get a diff unit with telus. telus4lyfebro
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Gridlock]

The OP hasn't moved in. Why would he move in just to move out a few months later. That idea makes no sense. It's a bitch to pack and move even for one person.

It's not "for just signing the paper". Whoever said that have zero idea how annoying it is when you have to look for rental. You could have a few places you want to rent but you can only sign with one. Imagine a few days later, they flake so you're out 1-2 weeks, the other places are all rented out, it's the end of the month and you have to move out of your old place. See the hassle?

Dude! read my shit before you comment on it.

I said call the guy up, and negotiate. You have all the power. I'd ask for a month rent to tear up the lease. I've never been in the situation, but I can't imagine the branch getting you more.

IF...IF they are like fuck that, THEN, tell them, ok, your condo is gonna be so pimp for 2 months and you STILL owe me a free month.

I finished up by saying that there is no reason this needs to take up precious time at the branch in an arbitration, when there are so many of Taylor's amateur landlords fucking up the situation for us all ;)

[drunkrussian]

btw question: seems that its against the law to do this. but can theease agreement have a clause in it that specifies u can, which can make it legal? ie can the lease agreement say "we can kick u out anytime with one month notice"? or is it pretty set in stone?
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Gridlock]

I didn't know that about fixed term leases. Cool!

All of ours are either month to month, or one year defaulting to month to month.

[quasi]

When I first read this I was like why would you even care just walk away. After some thought though if the situation was reversed there is almost no chance the landlord would let you walk away and give your deposit back. I'd pursue it and try and get some compensation.

[vafanculo]

Oh also snoop around a month later to see if they infact DID move in. Maybe they rented it out for more $$. If that's the case, I don't know the proper course of action, but it's unethical and I'm fairly sure a real breach of something.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[sonick]

Oh also snoop around a month later to see if they infact DID move in. Maybe they rented it out for more $$. If that's the case, I don't know the proper course of action, but it's unethical and I'm fairly sure a real breach of something.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

Yes, the RTA states if they aren't using it for personal use within 6 weeks, we are entitled to double a month's rent. We are hoping to get another unit in the building, so snooping won't be a problem :fullofwin:

We've sent the owner's agent an offer for compensation to break the lease. Hope the owner is a rich honger and accepts it just to get us out!

[sonick]

I didn't know that about fixed term leases. Cool!

All of ours are either month to month, or one year defaulting to month to month.

The one-year part in 'one year defaulting to month to month' is the fixed term portio of the lease which we as tenants are guaranteed with the agreement.

[sonick]

btw question: seems that its against the law to do this. but can theease agreement have a clause in it that specifies u can, which can make it legal? ie can the lease agreement say "we can kick u out anytime with one month notice"? or is it pretty set in stone?
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

No, they require minimum 2 months notice to the tenants if it is the landlord breaking the tenancy. If they want that flexibility they'll have tenants sign a month-to-month lease agreement.

[Gridlock]

You can't put terms in a lease to circumvent the RTA. You can add to the provisions in the standard lease(like I have a page we add to the lease regarding rules on conduct, no weed, parking, painting and so on) so its null and void if you put in to only provide 1 months notice even if both parties agree and sign the provision.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Gridlock]

The one-year part in 'one year defaulting to month to month' is the fixed term portio of the lease which we as tenants are guaranteed with the agreement.

Yeah, my girlfriend just confirmed that she knew that. I've never used the landlords use clause, so I never studied it.

The chick that I want to renovict out of my life has been on m2m for years, so I'm in the clear ;)

PS, I'm totally curious as to what you offered for compensation. What did it work out to be, in reference to your monthly rent(so we all don't know your level of ballin')?
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[sonick]

I offered 2 months equivalent rent for compensation, with reasoning that typically on a m2m landlords require 2 months notice to evict, so just looking for the equivalent of that in dolla dolla bills, yo.

[Death2Theft]

The only thing you can do as a landlord is give out one month leases until you feel confident to give them a longer term. Unless they break the law/harm someone physically or not pay rent there isn't any faster way to get rid of them.
btw question: seems that its against the law to do this. but can theease agreement have a clause in it that specifies u can, which can make it legal? ie can the lease agreement say "we can kick u out anytime with one month notice"? or is it pretty set in stone?
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Nlkko]

I think demanding 2 months is pushing it. I'd pocket the 1 month and be on my way. :)

Shouldn't the family have already put something on the table? I don't know about living in the same complex with them. Could be awkward.

[sonick]

Ya 2 months is a stretch but leaving room for negotiations. Plus they sounded pretty desperate in the email they sent to the realtor.

Feel bad for the realtor though, he's a nice guy. He's getting fucked from us and the owners.

[Gumby]

I currently have a basement I could easily suite and rent out paying the majority of my mortgage. It's not worth the headache for me because of all the bullshit, I'd rather just do without and not have to worry about having some idiot living with me.

I might end up with the perfect tenant but I'd rather not risk it.
Yeah I agree with you... I've never lived with tenants before, but my wife has (when she was living at home with her parents) so she's somewhat open to the idea. I'd rather forgo the money and not have to deal with other people's crap.

Meanwhile, wife's sister & partner moved into their own place recently and rented 1 floor out. They had cleaned it up really nicely, but after renting it out to some dudes over the summer, the place is a huge mess! Unfortunately, they need the extra income...

[fliptuner]

Who cares? The agent probably makes commission off the lease and deals with this kind of shit all the time, that's why he's so chill about it - another day at the office.

Also, the owners are dumbasses for not planning better so who cares if they have to pay 2 months rent?

[taylor192]

Meanwhile, wife's sister & partner moved into their own place recently and rented 1 floor out. They had cleaned it up really nicely, but after renting it out to some dudes over the summer, the place is a huge mess! Unfortunately, they need the extra income...
Define "messy". I assume if they are renting out one floor, then that floor is self contained unit. If the mess is contained within that unit, who cares, its their place, close the doors and pretend it doesn't exist. The only thing that is important is that it is clean when they move out.

For roommates I always had a similar agreement. Common areas must be clean, yet your bedroom and bathroom can be as messy as you want, just close the door so I don't see it.

[Gumby]

Define "messy". I assume if they are renting out one floor, then that floor is self contained unit. If the mess is contained within that unit, who cares, its their place, close the doors and pretend it doesn't exist. The only thing that is important is that it is clean when they move out.

I agree - as long as your mess don't encroach onto my space, that's fine.

However, they've moved out already... Let's just say the tenants didn't do any cleaning while they were there (2-3 months?); shoes were worn on the carpet. And a hole in the wall (WTF?). Plus they were often noisy at 2am!

Obviously the renters lost most/all of their damage deposit.

[SumAznGuy]

For roommates I always had a similar agreement. Common areas must be clean, yet your bedroom and bathroom can be as messy as you want, just close the door so I don't see it.

What about smell? I know there is nothing I can do about it, but one of my neighbours has some earthy mouldy smell coming from their unit. The smell comes and goes and when it is bad, it fills the hallways and even gets into our unit. It is a putrid smell.

So what would you do if your roommates were that messy, that it would stink and stink so bad that it gets into the common area?

[taylor192]

However, they've moved out already... Let's just say the tenants didn't do any cleaning while they were there (2-3 months?); shoes were worn on the carpet.
Then make them pay for the damage. You'll notice I always qualify my opinion with the unit must be left clean when moving out. You cannot force them to keep it clean while they live there, yet you can bill them for not leaving it clean when they leave.

[dinosaur]

What about smell? I know there is nothing I can do about it, but one of my neighbours has some earthy mouldy smell coming from their unit. The smell comes and goes and when it is bad, it fills the hallways and even gets into our unit. It is a putrid smell.

So what would you do if your roommates were that messy, that it would stink and stink so bad that it gets into the common area?

Smell can fall under either the "health and safety" or "quiet enjoyment" section of the RTA depending what type of smell it is. Quiet enjoyment does not necessarily mean loud noises, etc. but the actual enjoyment of your space without being impacted by your neighbours (sight, sound, smell). There are also clauses that pertain to "common areas" and how those can be impacted by individuals.

For example: Smoking. Say your neighbour is smoking in their apt unit. If there is nothing in their agreement that says that are NOT allowed to smoke, technically it kinda sucks for the neighbours....but it doesn't have to. The smoker can be in breach of his RTA contract because he is disturbing the quiet enjoyment of his neighbours by have his smell of smoke in the "common areas" (halls) and in-turn threatens their health and safety.

We have a similar situation at one of the buildings we manage. Tenants has lived there for 8+ years....during an inspection I entered his unit and found the most disgusting situations I have ever seen in regards to cig. smoke damage (don't believe me? I have photos I can share).

Here is the problem: There is nothing in his agreement that says he cant smoke inside HOWEVER, the smell permeates into the hallway and has stunk up the whole damn floor....and there, his is breaking the agreement.

If the smell is that bad....something can be done.

[TouringTeg]

If they have already signed the tenancy agreement with 1yr lease they are definitely in the wrong if they want to cancel the lease.

I agree that 2 months is a bit much, but it leaves room for them to offer 1 month which would still put you ahead.

[TouringTeg]

dinosaur: What was the result with the smoke damage? Did they end up paying for repairs/remediation?

[dinosaur]

Then make them pay for the damage. You'll notice I always qualify my opinion with the unit must be left clean when moving out. You cannot force them to keep it clean while they live there, yet you can bill them for not leaving it clean when they leave.

Technically you CAN make them clean while they are there if the mess is bad enough and has an impact on the health and safety of others or is causing damage to the apt.

I was called to deal with a water leak in an apt last year....when I entered I found that EVERY wall had been coloured on by their child. EVERY wall. Like the kid literally took a felt pen and walked down the hall with it....on the closets, on the doors, window sils, etc...it was so crazy I took video of it on my camera.

They were sent a little and had a follow-up visit to ensure it was cleaned up. You can be dirty, but you can damage. Same situation for hoarders...it becomes a health and safety issue.

And I use the word "dirty" loosely....are their dirty dishes in the sink or are they on the floor? In the sink? ok, they are lazy....On the floor? they are going to attract mice and bugs...now that is a problem.

[SumAznGuy]

If they have already signed the tenancy agreement with 1yr lease they are definitely in the wrong if they want to cancel the lease.

I agree that 2 months is a bit much, but it leaves room for them to offer 1 month which would still put you ahead.

As an amature slumlord I may be wrong, but another thing that can be negotiated is to have the original slumlord pay the difference in monthly rent if the OP has to rent at a high price than what he was supposed to pay with the one year lease.

Please correct me if I am wrong. I know a friend who broke her lease to buy her own place and the owner took her to the tenancy board and they ruled in the owner's favour. The owner found a new tenant at a lower monthly rental price and my friend has to pay the difference from her rental price with the new tenants price.

[taylor192]

What about smell? I know there is nothing I can do about it, but one of my neighbours has some earthy mouldy smell coming from their unit. The smell comes and goes and when it is bad, it fills the hallways and even gets into our unit. It is a putrid smell.

So what would you do if your roommates were that messy, that it would stink and stink so bad that it gets into the common area?
One of the units on my floor smells of curry a few times a week, and not the good smell that makes me want to go eat Indian food. If it really bothered me I'd speak to them about it, otherwise its part of living next to people, there's going to be random smells and noises at times.

My GF moved from a house to a condo, having never lived in apartment/condo style living. She still hates that she can hear/smell other people in the building, so she should probably move back to a house at some point. Sharing a wall with someone isn't for everyone, especially those with low tolerance/patience.

[taylor192]

Technically you CAN make them clean while they are there if the mess is bad enough and has an impact on the health and safety of others or is causing damage to the apt.
Absolutely, yet lets not pretend this is the norm. It is an exception for people to be so messy that it attract bugs/pests/mold, that's why the show Hoarders bothers most people, cause while most people can be messy, they are not that messy!

[dinosaur]

dinosaur: What was the result with the smoke damage? Did they end up paying for repairs/remediation?

He was sent a letter detailing everything that needed to be cleaned in detail (walls to be washed, carpets to be professionally cleaned, windows cleaned, appliances, counters, window sils, curtains, bathroom, etc...).

He had 14 days to have it cleaned or at least be actively cleaning the unit. He was also warned to never smoke in the unit again. SHould he decide not to comply with the above requests, on the 31st of the month he will be issued a 30-day End of Tenancy Notice for violating the health and safety and quiet enjoyment clause of his RTA.

We did an inspection last week and so far he has made a marked improvement to his place. He admitted that he did not realize how horrible it had become and was actually pretty embarrassed. He has also stopped smoking in his unit. I am totally satisfied yet, but he is getting there and I am willing to give him a reasonable amount of time as it is quite the cleaning task.

What brought this to my attention was when we did the inspection to measure the windows...the building was being outfitted with new energy efficient, top quality windows....my thought was, "hell no, i dont want these to be installed in this unit b/c they are just going to be destroyed".

So far so good with him....we have another inspection next month and if the progress has slowed, we will need to re-address the possibility of eviction.

[TouringTeg]

That is proffesional and reasonable. If they are making a considerable effort and have stopped smoking then it is fair you are allowing a little more time before you reinspect.

I am actually surprised they are putting in the effort and aren't just packing up and leaving.


Thanks.

[dinosaur]

One of the units on my floor smells of curry a few times a week, and not the good smell that makes me want to go eat Indian food. If it really bothered me I'd speak to them about it, otherwise its part of living next to people, there's going to be random smells and noises at times.

My GF moved from a house to a condo, having never lived in apartment/condo style living. She still hates that she can hear/smell other people in the building, so she should probably move back to a house at some point. Sharing a wall with someone isn't for everyone, especially those with low tolerance/patience.

Yes...the "smell" issue can have a lot of grey areas. A lot of people smell....A lot of people cook smelly foods...does that equate a letter and/or eviction, no.

The smell of cig smoke, pot smoke, mold, rotting food, and/or general un-tidiness, possibly.

We live in society where there are thousands of different people from a thousand different places...if you want to live communally (condos, apts, basements, etc) people are just going to have to deal with different smells (curries, fish, goats, garlic, etc...). If I have a tenant that complains of the smell of curry in the hall, I tell them if they don't like it, they can move...I can't and will not do anything about it.They know where they live....

[TouringTeg]

As an amature slumlord I may be wrong, but another thing that can be negotiated is to have the original slumlord pay the difference in monthly rent if the OP has to rent at a high price than what he was supposed to pay with the one year lease.

Please correct me if I am wrong. I know a friend who broke her lease to buy her own place and the owner took her to the tenancy board and they ruled in the owner's favour. The owner found a new tenant at a lower monthly rental price and my friend has to pay the difference from her rental price with the new tenants price.

I'm not sure if it works that way. Perhaps the tenant could be owed money if the owners turn around and rent the unit with a higher monthly rental cost.

My understanding of the RTA is that a tenant who breaks a lease early can be held liable for lost rental income if the landlord makes a reasonable effort and must rent the unit at a lower price. 6 months early x $50 less than original monthly lease = $300 owed to the landlord.

This is all assuming you can collect from the tenant. My last tenant in my rental condo was the kind of person that would be extremly difficult to collect anything from. There were lots of people chasing them for money and could not collect.

[dinosaur]

That is proffesional and reasonable. If they are making a considerable effort and have stopped smoking then it is fair you are allowing a little more time before you reinspect.

I am actually surprised they are putting in the effort and aren't just packing up and leaving.


Thanks.

Exactly...and honestly, sometimes there are bigger fish to fry. Does he pay rent on time? Yes. Is he otherwise pleasant? Yes. You have to weigh the pros and cons. Plus, should this guy just pack his shit and move...I would lose a month for renos and cleaning.

Now...if the guy was a prick about the whole thing or was a dick tenant who pays rent late or causes issues with others...you better believe that on the 14th day if his place wasn't ready for a showcase on HGTV, his ass would be gone.

Reasonable people get reasonable responses in the tenancy game IMO.

[dinosaur]

Yes. My understanding of the RTA is that a tenant who breaks a lease early can be held liable for lost rental income if the landlord makes a reasonable effort and must rent the unit at a lower price. 6 months early x $50 less than original monthly lease = $300 owed to the landlord.

This is all assuming you can collect from the tenant. My last tenant in my rental condo was the kind of person that would be extremly difficult to collect anything from. There were lots of people chasing them for money and could not collect.

You are exactly right.

Personally, I own a townhouse I rent out.

I have a couple that signed a one year lease in Aug of 2009. The dude phoned Jan 15 and said "Cant afford it, we are leaving Jan 31st".

Ya dude, not going to happen.

With a lot of work I managed to rent it for Feb 15th BUT at $100 less. We went to arbitration and I was awarded $650.00 ($100 x 6.5 months) in "Loss of Rental Revenue".

Now...I could have just sat back not not rented the townhouse, but it would not have helped my case. You need to make a "concerted amount of effort" to rent the unit in order for you to have a valid argument during arbitration.

[SumAznGuy]

Now...I could have just sat back not not rented the townhouse, but it would not have helped my case. You need to make a "concerted amount of effort" to rent the unit in order for you to have a valid argument during arbitration.

In my friend's case, there was 7 months left and the owner found a new tenant for $50 per month less. 7 x $50 = $350

She was happy to pay that since she would save a lot more money buying her own place.

For the OP, would this not work in his favour too since the owner is breaking the lease agreement. What if his new place is $50 per month more the orginal's place?

[TouringTeg]

That makes sense. Yes you have to be able to prove you have made the effort to rent the unit. Btw once you were awarded the decision in your favor, did you or your company eventually receive payment?

I know we are getting off track here but let me put my situation to you and ask you would would happen.

My tenant had a lease until October 31st, 2011 for $1100 per month. On June 26th the tenant gave notice they had no money for rent for July and would be moving out July 9th. I only found out they were leaving because we received a fine for $200 for not carrying her pet on the common property (she had been warned before in writing). The signed tenancy agreement has an adendum that the tenant will be responsbile for paying all fines. They verbally offered to leave their damage deposit. They then changed their move out date by text to July 12th but moved out July 10th without notice and allowing no chance to notify strata. They did not clean the place and left belongings in the unit. Mostly junk.

After weeks of the tenant promising to return the keys, clean, etc. We gave 24 hrs notice to let them know we were going to inspect the unit. We determined the unit to be abandoned. We removed the items and am storing them for 60 days. We cleaned the place and luckily rented the unit at full price for August 1st sight unseen. New tenant has moved in.

I have not gone through the RTA yet. If I did, my thoughts are that I would be entitled to the $200 fine + $550 (half months rent) = total $750. There were additional costs incurred for parking pass $35 + mail key $10 + new locks $10 + parking garage Fob $75 = $130. I don't know if these could be recovered. What do you think?

[Gridlock]

dinosaur: What was the result with the smoke damage? Did they end up paying for repairs/remediation?

He's still in the building. He was working on cleaning it. He took full responsibilty for it, which shocked me a little. There is an interest in kicking him out-his rent is retardedly low, but at this point, I don't feel like re-doing the unit. Plus, evicting is such a pita.

He won't ever see his damage deposit, but that may cover the cost of the ridiculous amount of kilz I'm going to have to paint his place with.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[dinosaur]

That makes sense. Yes you have to be able to prove you have made the effort to rent the unit. Btw once you were awarded the decision in your favor, did you or your company eventually receive payment?

I know we are getting off track here but let me put my situation to you and ask you would would happen.

My tenant had a lease until October 31st, 2011 for $1100 per month. On June 26th the tenant gave notice they had no money for rent for July and would be moving out July 9th. I only found out they were leaving because we received a fine for $200 for not carrying her pet on the common property (she had been warned before in writing). The signed tenancy agreement has an adendum that the tenant will be responsbile for paying all fines. They verbally offered to leave their damage deposit. They then changed their move out date by text to July 12th but moved out July 10th without notice and allowing no chance to notify strata. They did not clean the place and left belongings in the unit. Mostly junk.

After weeks of the tenant promising to return the keys, clean, etc. We gave 24 hrs notice to let them know we were going to inspect the unit. We determined the unit to be abandoned. We removed the items and am storing them for 60 days. We cleaned the place and luckily rented the unit at full price for August 1st sight unseen. New tenant has moved in.

I have not gone through the RTA yet. If I did, my thoughts are that I would be entitled to the $200 fine + $550 (half months rent) = total $750. There were additional costs incurred for parking pass $35 + mail key $10 + new locks $10 + parking garage Fob $75 = $130. I don't know if these could be recovered. What do you think?

First, you should go to the tenancy branch ASAP to ensure all paper work is filed correctly. In order for you to officially be able to keep the damage deposit, the tenant needs to give it to you in writing. If not, you need to file to keep it. If the tenant wants to be a bitch about it, she could go to the branch and say she did not get it back and she did not put it in writing that you could keep it. If she does this, you could owe TWICE the deposit back to her.

The tenant needs to give a full 30 days notice that she is moving. If she does not, she is obligated to pay for that month.

1. She owes you a FULL months rent for July. $1100.00.
2. If she signed the addendum, she owes you for it. $200.00
3. If she did not clean the apartment, the amount it cost you to clean it and/or repair any damage can be deducted from the damage deposit. If you cleaned it yourself, you can charge a reasonable amount hourly to clean (think $15-20/hour to clean).

Now here is the kicker: According the the RTA, if the tenant has a pet, it is mandatory for her to clean the carpets regardless of her length of stay.

4. All the property that she did NOT return (keyfob, parking pass, etc) she is required to pay to replace. BUT you can not charge her to change the locks unless the branch will acknowledge that you had no choice b/c she stole/took the keys.

Add all of these charges together ($1100+$200+$130+cleaning (and repairs that are above and beyond normal wear and tear)= $1430+cleaning

Deduct her deposit of $550.00 and you have $880.00 + cleaning that technically is owed to you.

-Did you take pictures of the un-clean unit?
-Do you have the receipts for carpet cleaning if you did so?
-Receipts from replacing the key fob, parking pass, etc (get one from strata) and for changing locks
-Do you have a copy of her rental agreement?
-Did she give you a letter saying she was leaving?
-**Do you have a forwarding address?** If you don't, you need to find it...any way possible. Phone her work, follow her home, take the license plate number...anything. If you do not have an address for her...you are fucked.

I can not stress enough how fast you need to go to the branch and file. You need to have all your ducks in a row...write everything down. You will need to get a "package" together for when she is served. You need a statement, copy of receipts, photos, the agreement plus addendum, etc. This package is sent to her, and the branch.

You can also add the $50 it cost you to file. If everything works out, you could have a cheque for<$880 coming in the mail....IF she pays with no problem. IF she doesn't, you file with small claims....annoying, but she deserves it.

And yes, I got my money without going to small claims.

[TouringTeg]

Thanks for the reply.

You are correct I need to file to keep the damage deposit.

As far as your questions:
-Did you take pictures of the un-clean unit? Yes, many digital pictures before it was cleaned
-Do you have the receipts for carpet cleaning if you did so? I did not have it done and new tenant was ok with it.
-Receipts from replacing the key fob, parking pass, etc (get one from strata) and for changing locks Yes I have all receipts
-Do you have a copy of her rental agreement? Yes
-Did she give you a letter saying she was leaving? No. It was over the phone. She refused to give me anything in writing including leaving the damage deposit
-**Do you have a forwarding address?** If you don't, you need to find it...any way possible. Phone her work, follow her home, take the license plate number...anything. If you do not have an address for her...you are fucked. This is why we haven't filed yet. She took off and it turns out she does not work where she and her reference said. I do have the license plate number so could possibly find out the new address

[taylor192]

...
That's a lot of work, not just "$50 and watch you cry" :)

[sonick]

Update: So heard back from the agent, the owners are adamant in taking occupancy of the unit Sep 1st and will not hand over the keys. The agent did not bring up their response regarding the compensation to break the lease, so we're gonna file an official dispute resolution hearing with the RTB.

[Nlkko]

Update: So heard back from the agent, the owners are adamant in taking occupancy of the unit Sep 1st and will not hand over the keys. The agent did not bring up their response regarding the compensation to break the lease, so we're gonna file an official dispute resolution hearing with the RTB.

Lol, what retards... Good luck with the dispute resolution.

[dinosaur]

That's a lot of work, not just "$50 and watch you cry" :)

This isn't about $50, its about $880+ and a lot of needless work that the owner got stuck with.

This guy already spent hours cleaning, showing the place, and putting up with the tenants bullshit. What is 2 more hours (max) of photocopying, typing a statement, and filling out a form at the RTA.

[taylor192]

Update: So heard back from the agent, the owners are adamant in taking occupancy of the unit Sep 1st and will not hand over the keys. The agent did not bring up their response regarding the compensation to break the lease, so we're gonna file an official dispute resolution hearing with the RTB. good luck! I hope you stick it to them! More bad amateur landlords needing a lesson the hard way!

[dinosaur]

Thanks for the reply.

You are correct I need to file to keep the damage deposit.

As far as your questions:
-Did you take pictures of the un-clean unit? Yes, many digital pictures before it was cleaned
-Do you have the receipts for carpet cleaning if you did so? I did not have it done and new tenant was ok with it.
-Receipts from replacing the key fob, parking pass, etc (get one from strata) and for changing locks Yes I have all receipts
-Do you have a copy of her rental agreement? Yes
-Did she give you a letter saying she was leaving? No. It was over the phone. She refused to give me anything in writing including leaving the damage deposit
-**Do you have a forwarding address?** If you don't, you need to find it...any way possible. Phone her work, follow her home, take the license plate number...anything. If you do not have an address for her...you are fucked. This is why we haven't filed yet. She took off and it turns out she does not work where she and her reference said. I do have the license plate number so could possibly find out the new address

Dude, that's great! Looks like you will have a pretty solid case.

As for finding out where she live...seriously, try any thing you can. Is she still getting mail sent to her? When you are at the Branch, they may be able to help you. It may even be worth going to the cop station and tell them you need to serve papers on someone you dont have an address for....can they help. Try tracking the bitch down on facebook? I bull-shitted some reason for my ex-tenants to give me their address..."Yeah, I have some mail hear that came for you...looks like GST cheque or something...I'll just drop it in the mail for you..."

People like your previous tenant need to be held accountable for this shit. It is annoying when people get away with it and do it to the next place. It may seem like a pain in the ass sometimes, but really it is worth it. During my arbitration case I had to stop myself from laughing out loud as my ex-tenants stammered and stuttered their responses. fucking morons...

good luck with everything! sounds like you have a really good case :) Let me know how it goes!

[dinosaur]

Update: So heard back from the agent, the owners are adamant in taking occupancy of the unit Sep 1st and will not hand over the keys. The agent did not bring up their response regarding the compensation to break the lease, so we're gonna file an official dispute resolution hearing with the RTB.

Wow! Well, they want to be dicks....be a dick back! Good for you and good luck!

I wonder if they are aware that they are breaking a contract. You have a copy right??

I am a little shocked that if you are dealing with agents/Realtor that they have not advised the landlords that they really can't do this.

Let us know what happens!

[sonick]

Update: So it sounds like the agent really fucked up here lol. The owner emailed us directly, saying that they actually emailed the agent on the Monday that we signed the papers informing that they would like to occupy the unit and not rent it out, but the agent let us sign the lease despite this.

The owner is in a situation where they really have legit reason to need the unit come Sep 1st, but since we really got screwed either way, with nearly a month wasted searching for apartments and ending up with nothing, plus being delayed likely until Oct 1st for move-in, we are still going to pursue the dispute resolution against the owner, but hopefully the agency will step in and just settle to avoid the mess that could happen if the RTB enforces the lease.

Fun times.

[drunkrussian]

wtf?! did the agent get the email same day then as they signed the lease so they didnt see it? or they blatantly ignored it? thats fucked up...

but if they have such a legit reason, im sure they wouldnt mind coughing up at least 1 month worth of rent for your trouble. otherwise theyre just trynna trll their story which nobody wants to hear. maybe u can negotiate some extra free benefit from the agent as well since they fucked up lol. such as waiving that fee for use of facilities for the year ;-)
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[sonick]

The agent is trying to pawn the blame and work off on us and the owners rather than owning up to it and sorting it out.

His other units in the building are not ones we want, so asking them for benefits on a unit is moot.

[Gridlock]

You know, the other day I had it typed that I didn't feel the story was right, and there was a possibility that it was the agent. I think it was right after you sent the compensation request, and it was ignored. I deleted it because I didn't really want to confuse the issue any further.

I think that this is destined to go to the branch. Everyone is going to toss you around like a hot potato. They'll definitely award you something for your trouble, and then they can fight out who pays it in the end.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Lomac]

If the agent messed up and not the actual owners (not sure about this since the agent may not have gotten the email until after the papers were signed), why not contact the agent's company itself and attempt to go after them instead? If the owners requested that the agency take the house off the market and the agent ignored it, it's no longer the owner's fault.

[Manic!]

No matter what the RTB does your not going to be living in the unit. The RTB might award you some money. If the owners refuse to pay you will have to take them to small clams court. This process will take months.

[quasi]

If the agent messed up and not the actual owners (not sure about this since the agent may not have gotten the email until after the papers were signed), why not contact the agent's company itself and attempt to go after them instead? If the owners requested that the agency take the house off the market and the agent ignored it, it's no longer the owner's fault.

If he has as a signed lease I still think it would be their responsibilty. The owner could then go after the agent to recoup. Although not exactly the samething I would compare it to someone owing you money and then saying Joe Blow owes me money so collect your money from him, you can't pass the buck like that. The lease is with the owner not the agent.

[dinosaur]

If the agent messed up and not the actual owners (not sure about this since the agent may not have gotten the email until after the papers were signed), why not contact the agent's company itself and attempt to go after them instead? If the owners requested that the agency take the house off the market and the agent ignored it, it's no longer the owner's fault.

Unfortunately, the tenant is going to have to go after the owners as the agreement is between the OP and the owner. The owner will have to deal with the agent separately for his fuck up...

Sucks for the OP, but now it looks like the agent fucked the owners too.

[sonick]

Semi-Update. Not much progress except we are getting played and fucked over by the agents. They are not budging short of offering us units with poorer floorplans than the one we wanted plus one months free rent, which we are not accepting. The owner has stopped communication altogether. The dispute hearing is 20-something of September, which seems sooooo far away.

We are stuck sitting on our hands tied to the original lease, so we can't go signing another lease until this one is resolved in case we have to uphold the original lease.

Getting more and more impatient and annoyed by this each day.

:fuuuuu:

[dinosaur]

Semi-Update. Not much progress except we are getting played and fucked over by the agents. They are not budging short of offering us units with poorer floorplans than the one we wanted plus one months free rent, which we are not accepting. The owner has stopped communication altogether. The dispute hearing is 20-something of September, which seems sooooo far away.

We are stuck sitting on our hands tied to the original lease, so we can't go signing another lease until this one is resolved in case we have to uphold the original lease.

Getting more and more impatient and annoyed by this each day.

:fuuuuu:

Ugh, that sucks.

On a positive note, you have a really good case.

REMEMBER: when you have your hearing (on the phone, which sucks), be professional, clear, and stick to the specifics. Before they will officially start the hearing, they will ask if you would like to resolve the issue. Attempt a dispute resolution prior to the offical hearing as it reflects positive on you. What will make you happy? 2 months compensation? 3 months? do you want to still live there? Try to negotiate. Should the landlord choose not to agree to any of your proposals, the official hearing will begin. The judge will ask you to give your statement...have some notes in front of you with dates, times, conversations, emails, etc...the the judge exactly what happened...the landlord will then give their statement. Once this is done, the arguments will be made...DO NOT interrupt! If you would like to comment on what the landlord (or agent) has said...say, "May I respond to that comment?". SHould the landlord interrupt or cut you off, simply stop talking and ask the judge if you may continue. Do not talk directly to the landlord during the conference. Do not become accusatory...simply state the facts and the impact it has had on you.

Stay calm, cool, and collected. During one of my arbitration cases, the tenant was a moron and it totally helped my case. Show that you are willing to come to a solution.

Good luck and give us an update!

[sonick]

Thanks Dinosaur, that is GREAT advice. I guess we will just have to be patient and stand ground.

[Mr.HappySilp]

I should try to get a sooner hearing date. Have reason like your currently lease is up and you need to find a place to rent ASAP.

I would say just straight up stick up the owner's Ass. If the agency fuck up it is is between the owner and the agecny. What you are after is compensation so it doesn't matter who's fault is it. Get what you want and don't care about the feelings of others.

[sonick]

My roommate is going by the RTB downtown tomorrow to get advice, I will get him to ask if it's possible to move the hearing date earlier.

Jesus christ, this agency is run by a bunch of amateurs... Just discovered they have already deposited the Security Deposit AND the move-in fee the day after we signed/the day before they told us the owners wanted to move into the unit themselves, knowing that the owners were planning on moving back in.

i.e. Monday owners informed agency they want to move in, also the day we signed lease.
Tuesday they deposit security deposit & move-in fee.
Wednesday agent informs us the owners want to move in and we cannot move in.

:facepalm:

This mishandling of our deposit and move-in fee is ridiculous. Going to file a complaint with the Real Estate Council of BC http://www.recbc.ca/complaints/complaint.htm

[drunkrussian]

^are u sure u want to live in a place with such bad management? it may bite u in the long run, no? seems this may poasibly be an oppportunity to get out of the lease and get paid and possibly move on to another place altogether. i personally would take the 1 month rent and ask to get out of the lease. i personally would pay more for a slightly worse place if thr management is right. not that u need to settle for more expensive or worse place
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[jeffh]

sounds like at this point Sonic, is over the building in question, and is just negotiating for some compensation so he can move on

and it looks like hes gonna have to smash some heads to get his security deposit and move in fee

[sonick]

^are u sure u want to live in a place with such bad management? it may bite u in the long run, no? seems this may poasibly be an oppportunity to get out of the lease and get paid and possibly move on to another place altogether. i personally would take the 1 month rent and ask to get out of the lease. i personally would pay more for a slightly worse place if thr management is right. not that u need to settle for more expensive or worse place
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

That's the point, they are NOT offering any compensation for us to break the lease. If they did we would be out already. If they don't, the RTB will enforce the lease at the hearing and we will take the unit and let the owners deal with their inept agent via the Real Estate Services Act of BC. If they give us shit during the tenancy, we'll just go to the RTB, but I highly doubt it will come to that, since the owners will have likely moved into the unit by the time the hearing comes.

As I said earlier, the 1 month rent offer is if we sign with another unit of theirs, not as cash compensation to break the lease.

[drunkrussian]

^damn :-(
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[dinosaur]

so wait, i'm confused, have they still not given you that money back? You, in a couple of days have no apartment to move into, and now out money as well?

The first thing I would do in this case is give the money back, saying we know this is going to arbitration, so you hold onto this, as depending on what happens, it may need to come back to us.

Never hold money on a wait and see system.

[sonick]

Yes, we weren't aware that they had actually gone ahead and deposited those cheques, we had assumed that they were merely holding onto them at this point, an oversight on our part.

[Gridlock]

I think dinosaur covered everything in terms of arbitration. She's a machine when it comes to going to the board.

I think the only thing I can add is to make sure that your documentation package is clear. Remember, the arbiter knows nothing of your case, and only learns about it through your documentation. Make sure its on time.

I spent about 6 hours once putting together a package for someone that I was trying to evict. His documentation package was a hand written sheet. I had a 4 page typed letter that described every minute detail of every interaction that we had with him. Then, I had evidence lettered A-K.

In the end, I went to him and handed him the package. I took a moment, and said, I just want to walk you through this. I start pulling stuff out of the envelope. The look on his face was priceless. I kept saying, "you'll have a chance to read through all of this, but the term you are looking for in this letter, signed by your neighbor, is "he is a disruptive component to the building." Here is another photo...blah blah blah.

As I was showing him, I kept spreading it further out on the table. After that, I showed him another letter that said, if you agree to the following terms, I won't submit this to the branch, and you can keep your house.

We got along great after that. He ended up moving on his own a month later. Ultimately, I couldn't actually go through with evicting him. After I put the package together, it was going to be like taking an AK47 to a knife fight...he was going to be slaughtered.

I can't wait to see the outcome of this. It's such pure stupidity, and the only answer for pure stupidity is to hand their ass to them.

[Razor Ramon HG]

I have a quick question.

So I have a friend that moved in yesterday to a shared apartment with some exchange students. She paid a deposit, but said she's 90% sure there's bedbugs.

She's wondering if she can get the deposit back and move out. She didn't sign any contracts, so I think that might bite her in the ass?

EDIT: I'm reading the tenancy act, but it only mentions deposits when they enter an agreement (I'm guessing written?)

[Death2Theft]

If you dont have clear documentation of what your paying the deposit for, your up shit creek.

Would you in her roomates shoes give the deposit back and risk not finding someone for a months portion of the rent and cough it up yourself?
Even if you did manage to weasel out of it and screw the roomates over what does that make you?
The money spent/lost on the deposit should be a valuable lesson to do your due diligence before putting money down for anything in the future.

For fuck sakes man the HG is getting too powerful. Your starting to think like a illogical dont give a shit about anyone but herself vag.
Will you have the balls to tell your "buddy" this HG? Or does that ruin the chances of you getting in her pants?

I have a quick question.

So I have a friend that moved in yesterday to a shared apartment with some exchange students. She paid a deposit, but said she's 90% sure there's bedbugs.

She's wondering if she can get the deposit back and move out. She didn't sign any contracts, so I think that might bite her in the ass?

EDIT: I'm reading the tenancy act, but it only mentions deposits when they enter an agreement (I'm guessing written?)

[dinosaur]

Who did she pay her deposit to? Landlord or current residents (exchange students)?

No contract as in she did not sign a tenancy agreement? Did she pay rent yet? What was the verbal agreement?

Need more info....is this an apt? house? room rental?

A tenant can NOT break a tenancy agreement because of bed bugs per se. The tenant has to give the landlord/owner a reasonable amount of time to solve the problem. Having dealt with this issue in the past, usually 1-2 months of actively trying to resolve the issue.

Should the landlord/owner not do anything, give notice if you are on a month to month, or file for dispute resolution with the RTB if you are on a lease and would like to break it under "Health and Safety" violation by the landlord/owner.

If none of this applies and your friend just randomly gave cash to an existing tenant to "rent" a room, etc and has no contract....she can walk but good luck getting any money back. Having nothing in writing (ie. a contract) fucks them and her.

Also, tell her next time to do it right so she doesn't end up getting fucked in another situation.

[Razor Ramon HG]

Huh? Why so hostile? I am merely asking a question. Of course the logical answer is that she would probably lose the deposit, but I was wondering if there was anything in the tenancy act (that everyone is reading) concerning deposits and pests.

In any case, she paid the land-lady directly, and not with the other roommates. Apparently she is meeting with the land-lady tomorrow, so I guess I will see what happens. But I have a feeling she probably isn't getting a dime back, and I think she realizes it.

And no, ever heard of helping friends? Jesus christ. It must be that time of the month :lol

If you dont have clear documentation of what your paying the deposit for, your up shit creek.

Would you in her roomates shoes give the deposit back and risk not finding someone for a months portion of the rent and cough it up yourself?
Even if you did manage to weasel out of it and screw the roomates over what does that make you?
The money spent/lost on the deposit should be a valuable lesson to do your due diligence before putting money down for anything in the future.

For fuck sakes man the HG is getting too powerful. Your starting to think like a illogical dont give a shit about anyone but herself vag.
Will you have the balls to tell your "buddy" this HG? Or does that ruin the chances of you getting in her pants?

Thanks for the info, I will forward it to her.

Who did she pay her deposit to? Landlord or current residents (exchange students)?

No contract as in she did not sign a tenancy agreement? Did she pay rent yet? What was the verbal agreement?

Need more info....is this an apt? house? room rental?

A tenant can NOT break a tenancy agreement because of bed bugs per se. The tenant has to give the landlord/owner a reasonable amount of time to solve the problem. Having dealt with this issue in the past, usually 1-2 months of actively trying to resolve the issue.

Should the landlord/owner not do anything, give notice if you are on a month to month, or file for dispute resolution with the RTB if you are on a lease and would like to break it under "Health and Safety" violation by the landlord/owner.

If none of this applies and your friend just randomly gave cash to an existing tenant to "rent" a room, etc and has no contract....she can walk but good luck getting any money back. Having nothing in writing (ie. a contract) fucks them and her.

Also, tell her next time to do it right so she doesn't end up getting fucked in another situation.

[TRDood]

Sorry to hijack the thread, but I am having a situation with my parking space in a residental building in downtown, thinking that this thread would be a suitable place to post.

Through Craigslist, I have entered into a rental agreement, starting in May, written by hand, with my parking space landlord. With this agreement, I paid her cash for May, gave her post-dated cheques for June until and including September for monthly parking, and a $100 deposit for key fob and refundable upon return.

Fast forward to today to work, after my one week vacation, I learned that my fob no longer works.

I enquired with the building conceirge and security and they said my key fob is deactivated by my landlord.

I emailed and called my landlord asking why she has disabled my parking fob when my records showed that she has my post-dated cheques for September.

Landlord said she have not been able to contact me for the past month. She lost her email account and password, claims that her copy of the rental agreement does not say my name or my phone number, and have no way to communicate with me. Therefore, she had written a "letter", which actually is only a phone number that says "call me (604)xxx-xxxx" below a parking garage cleaning notice, without addressing my name. She also claim that she has never seen my car parking there, so she cannot place it on my dash. I work M-F 8-5, maybe we never catch each other.

Anyway, I requested her to reactivate my parking fob because I would like to continue to rent her parking space.

Here's the messed up part.

Since she cannot communicate with me in her ways, she assumes that I am no longer interested and rented the space out to a new person. She says that she will only return $80 back to me for my key fob because she has "purchased" another one for the new tenant.

While I can careless about the $20, the whole situation makes me angry.

1. My cheques clearly states my name and address, how would she not know my name? At least address me in her "letter", who would just call a random number without knowing that the sign is directed to a specific person??

2. Why should I foot the $20 when she assumed that I am no longer interested? I gave her post-dated cheques until September, so my rent intentions are clearly for at least September. All previous payments are good cheques.

3. She offered me her other parking space for $150, or free while I make other arrangements. I said no, thank you because the space is too tight and I don't want door dings.

4. I am demanding either she: a) give me my full $100 deposit back or b) cash my September cheque, so I can park there until the end of this month.

What can I do in this situation? Clearly she is not very smart, I have all the evidence of my post-dated cheques and my copy of the signed rental agreement.

I really like her parking space as it is designed for a super wide handicapped space, but not painted that way.

Am I covered until any BC Laws?

[dinosaur]

Just to be clear...you ONLY rented a parking spot from her correct?

If so, unfortunately from my recollection, the RTA does not include only renting a parking spot.

However, using the RTA as a guide IF you have a specific agreement to rent the spot from her until the end of Sept, you have the right to that spot until that time.

Why did she need to contact you if you had an agreement until the end of Sept? It is not your fault that she did not know your name/number but if she was smart, she would have had that information for emergency purposes.

My guess is that someone offered to pay her more money for the spot and no longer wanted you there. Clearly, that is wrong.

Has she deposited the cheque for September yet? If so, that just adds more to your case.

It may be worth it for you just to call the Tenancy branch and ask them if this falls under their jurisdiction.

Also, if SHE deactivated the key fob with no cause (ie. you broke the agreement), she is not allowed to keep the deposit. The point of a deposit is that you return when you are done without damage. You have no control over what she does and therefore, it should not effect you.

Basic rental agreement: you pay for a specified time. you break the agreement-you owe, they break the agreement-they owe. Sounds like she broke it to make more money.

[Gridlock]

Any update on this?

[drunkrussian]

op and roommate found an apartment which imo is better with non-douchebag landlords and lived happily ever after :-)
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[sonick]

Um, actually no.

We had the hearing last Thursday, the arbitrator was all over the place and didn't go through the steps that Dinosaur had mentioned, just simply asked us a bunch of questions which we responded. We weren't able to go through our timeline and hit all the points we wanted to bring up.

However, the arbitrator did say that we were wronged, and may be entitled to something called 'nominal compensation' in addition to the filing fees, etc. but not actual compensation sought, since we did not have a real monetary loss.

Didn't go as well as we'd hoped, but not terrible either.

The arbitrator's decision will be sent via mail. Once we get it we're gonna be filing a complaint with the real estate council of BC as well.

[dinosaur]

Ummm, wow. That's actually a little shocking that the hearing was all over the place. That fucking sucks...

At least there was acknowledgement that you should be entitled to nominal compensation...lets hope he picks a reasonable number.

They are usually pretty fast with the verdict....usually only about a week even though they give 30 days. Remember though, if you are not happy with it, you can always appeal.

What did the other side have to say during the hearing?

Sorry it didn't go as planned but maybe the arbiter could see it was a cut and dry case and did not need detailed testimony? Let's hope...

[Gridlock]

As I said, I really have no idea what a fair number is, and I'm sure they struggle too.

You were dicked around by the agent, and the owner, and that needs to come into play. You also never physically took possession or moved, so your 'damages' are contained to a level of frustration of not knowing where you are going, or when.

I still see you getting a month's value of rent plus filing costs. To me that reads as fair. Whether you moved or not, you were caught up in this place for a month.

I tend not to have as much faith in the RTA system as dinosaur myself. I don't like being in a position where its up to them to decide. I'm assisting a client/friend of mine and she had tenants back out after signing the lease. Her PM says, "well, we'll get rental revenue through arbitration" which is true, and they would have to find in her favour. My issue is, they can say whatever they want, but you still need to collect cash from these people at some point.

I just see a lot of opportunities for that not to happen to "rely" on it so to speak. We've always worked hard to avoid arbitration in favor of a solution now. In my mind, its worthwhile to come to a compromise with cash in hand, then wait for the unknown possibility of more from the branch.

If it ever comes to an appeal, please use the killer line of "what would happen to me, if I decided not to move in after signing the lease?"

[sonick]

Got the decision in the mail last night. Let's just say the compensation was much, much less than one months' rent. More like 2 and a half days' rent after factoring out the filing fee.

I should've used that line, Gridlock, but don't think we're gonna bother appealing the decision... Going to file a Real Estate Council complaint and move on.

[dinosaur]

Wow! I am speechless.

I want to know what justification the judge has for such a shitty outcome.

If this was me, there is one side that would want to be "fuck it, lets move on" but on the other side, I would appeal it. In fact, I would most likely appeal it and Gridlock would have to talk me out of it....but that's just the type of person I am. I hate it when people get away with this shit...

What a shit-ass deal you got.

[Gridlock]

I'm a little shocked on two fronts.

1) that sends a shitty precedent that really leases are meaningless. If I knew it was only gonna cost me 2 days of compensation, I can think of one little bug-eyed bastard that would have been revoked.

2) I'm REALLY surprised that they really landed on the side of the landlord as far as they did, even though its classed as your victory in terms of gaining filing fees. Common theory is they are more tenant focused.

As I said, I think 2 months compensation was 'aggressive', but throwing you a couple hundreds and telling you to fuck off is really cheap in my opinion.

And yes, honey, you would be all for appeal, and I'd probably talk you out of it ;) Well called.

[TouringTeg]

Rough deal. I was was expecting you to get a month compensation.

I guess their stance is that "there are plenty of other units available"