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: Fussy Tenant


CRS
10-07-2013, 01:06 PM
A little aside before my problem... I was going to just create an "Official Gridlock and dinosaur thread" instead of this but I will leave that honour/fame for them should they want it. I certainly would have no objections for it.

Back to the issue at hand. I have a brand new apartment that was just finished in Aug and found a tenant right away. The person had good credit and during the interview seemed good as well. She has a full time job and everything seemed to be going right.

Well, apparently I was completely mistaken. This person is just the absolute most ridiculous complainer I've ever met. After she moved in, there have been an endless amount of "issues" she keeps bringing up.

First it was how the parking stall assigned is too far from the elevator and if we could get another one for her (other than the fact that it's the developers who assign parking spots and I have nothing to do with it) .

Second she noticed what appears to be rust in the sink and other places. Went to see/inspect and it turns out to be dirt/food debris.

Third she starts complaining about how the appliances aren't working. When I arrive to see (on other occasion) the appliance start to magically work.

Fourth she wants to complain about neighbours around her being too noisy and wants me to report it to strata and have this stop.

Fifth she hears wind coming from the vent on windy days every few mins.

I can go on but I want to spare you my misery. Now, in Aug, we had signed a 1 year rental agreement. We're only into Oct and this person is constantly emailing/calling me about issues she finds with the apartment that are just the most trivial issue or non-issues entirely. I've had to visit the apartment 5 times in the last 2 months to "fix" these issues that were really her being stupid.

What can I do? I really just want to kick this person out and find another tenant because I don't know that I can keep a calm demeanour and pretend like her issues are actually important for another 10 months.

SSM_DC5
10-07-2013, 02:49 PM
"clearly you're not happy with the apartment, if you'd like I'm willing to work with you to end the tenancy agreement"

then go on to make an amendment and get them to pay out the time that the space is vacant.

if the tenant says no, then just tough it out. remember you're only obligated to do what the agreement says. i doubt your agreement says that you are responsible for dealing with strata so tell her to piss off and tell them herself. you're leasing out the space, not being hired to be her mother.

punkwax
10-07-2013, 02:53 PM
I've had to visit the apartment 5 times in the last 2 months to "fix" these issues that were really her being stupid.


Is she cute? Sounds to me like she may want the D and makes things up to see you?

Food for thought.. :ilied:

Manic!
10-07-2013, 03:00 PM
If you don't want to be bothered that much kick her to the curb. I have a tenant that just won't stop talking. I can put the phone down for literally 5 minutes and then pick it up and she won't notice. I have hung up on here multiple times.

CRS
10-07-2013, 04:25 PM
Is she cute? Sounds to me like she may want the D and makes things up to see you?

Food for thought.. :ilied:

:heckno:

The day I see her naked when I go into the apartment

:inout:

Gridlock
10-07-2013, 04:41 PM
Stop humoring her.

You are being pleasant, and nice and listening to the bullshit. Stop.

Sorry, but you can't evict her for being a fucking knob. Some of them are. I don't know how many complaints a person can have moving into a brand new apartment, but you need to realize that either you play it out and she eventually settles down, or you lay the smack down.

The next time she calls you out, I would simply put, "you've brought me out for: dirt, perfectly functional appliances, wind and complaints about neighbors your first month in. I want to make sure that everything works out well for you, but I can't be here all the time for non-priority items"

You are friendly, and informative, and you did a nice back-handed method of saying, "you are talking shit sweetie.".

I'd also straight up ask if she's trying to get out of her lease. Had one of those too. No one wants to bring it up, because then you'll hit them with charges, and holding deposits and all that, but if you say, "are you looking for a way to get out of the lease....cause, bitch, I can mofo make that happen" you may just solve your problem.

Gridlock
10-07-2013, 04:46 PM
And no, you can't just kick her to the curb guys...you need either: cause(good luck), luck, or tenant be late with the money.

Making the case for cause is tough. Informing them of the issue, giving them a chance to correct it, and so on. It's a tough day to get someone to sign off on having a person lose their home.

Iceman-19
10-07-2013, 04:54 PM
LOL. The parking space is too far from the elevator. WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOW.

I commend you for keeping your cool. Stories like this are why I am happy I rent. I haven't talked to my landlord in probably 4 months. Hes a bit of a weirdo so I don't like talking to him, but he doesn't bother us either, so its all good.

CRS
10-07-2013, 05:03 PM
So... Guys....

I just got an email from her saying she doesn't get hot water in the apartment and the light bulb is out and to see if there is something I can do about it...

Honestly, how the hell can I solve the hot water situation? Its a god damn apartment that has a giant communal tank somewhere in the basement. The light bulb is out... Errr.. Go and change it...?

Am I being trolled IRL? Are people really this retarded?

Iceman-19
10-07-2013, 05:11 PM
You are responsible for light bulbs, srsly. As for the hot water, contact the building manager.

BrRsn
10-07-2013, 05:40 PM
I somehow feel better about my tenants CRS, Thanks! :D

dinosaur
10-07-2013, 05:56 PM
You, my friend, have a princess.

We had 3...now we don't have any because...well...we are dicks.

I understand that it can be hard to start to be a dick because I usually start off as the nice one. You want to have a good relationship with your tenant, you want to trust them and for them to trust you, you want them to treat the place as if its their own....problem is, these princess' crown will grow.

What you need to do is write a stern email. Give a list of items that are the responsibility of the tenant (light bulbs, fuses, cleaning, etc.) Be honest. Tell her you do not have the time to hold her hand through her tenancy. You work/family/hobbies/etc...whatever. If she has a serious problem with something, ie: water leak, fire, etc to contact you immediately but for the rest, she can make note of it and let you know in a reasonable time.

Also, start saying "no". Give her a run-down of communal living:

-You have neighbours...you will hear them.
-You share hot water...it will not be hot all the time.
-Your parking spot is where it is because there are other tenants that have the others.
-The building does not revolve around you and you need to have a higher tolerance.

Be a dick. Be short with her on the phone. Don't respond to email right away. Unless these complaints are worthy of a response, don't.

Also, don't let her out of her lease. If she wants to break it, penalize her. Don't let her whine her way out of this.

dinosaur
10-07-2013, 05:57 PM
You are responsible for light bulbs

Nope. Tenants are responsible for bulbs and fuses.

T4RAWR
10-07-2013, 06:11 PM
post a pic :D

Stiig
10-07-2013, 06:35 PM
I don't want to be racist but, when I saw the title of the thread Fussy Tenant

I pictured a white person

CRS
10-07-2013, 06:45 PM
I don't want to be racist but, when I saw the title of the thread Fussy Tenant

I pictured a white person

When someone needs to preface something with "I don't want to be ______", they're almost always "______".

Also you'd be wrong.

SkinnyPupp
10-07-2013, 07:00 PM
Hey Revscene, can we not have every single useful thread turn into a shit show?

yray
10-07-2013, 07:28 PM
CRS can have a contract with RS beatdown crew for tenant services. A group of men showing up to fix her shit :lawl:.

dinosaur
10-07-2013, 07:44 PM
Hey Revscene, can we not have every single useful thread turn into a shit show?

You took the words right out of my mouth.

bcrdukes
10-07-2013, 09:14 PM
You took the words right out of my mouth.

Don't make me...

Lomac
10-07-2013, 11:47 PM
Nope. Tenants are responsible for bulbs and fuses.

One reason why I like my landlord. Provided I submit receipts, I can fix whatever I want around the house and yard and get reimbursed for it. I know they don't have to do that, but it's a nice touch.



I'm gonna go out on a limb and say that she's either a first time renter or simply a princess used to getting her own way. Apart from the alleged appliance not working, all of those complaints she's submitted are asinine. If her parking spot is too far away, tell her to go park on the street and then complain about the walking distance. Or tell her it's good exercise. :p Water not hot enough? She needs to shower during the off-times, then. Neighbours being noisy? There's a building manager on site for a reason. Vent whines occasionally during a windy day? Guess what, it happens.

Some people. :facepalm:

GLOW
10-08-2013, 07:07 AM
And no, you can't just kick her to the curb guys...you need either: cause(good luck), luck, or tenant be late with the money.

Making the case for cause is tough. Informing them of the issue, giving them a chance to correct it, and so on. It's a tough day to get someone to sign off on having a person lose their home.

i was reading up on RTA, and correct me if i'm wrong, but you can also kick them out for not paying agreed upon deposit within 30 days of moving in, or breach of contract (eg no smoking and they're smoking)? seems like they're on the 'reasons' to check off when filling out the form for giving notice.

Gridlock
10-08-2013, 07:44 AM
i was reading up on RTA, and correct me if i'm wrong, but you can also kick them out for not paying agreed upon deposit within 30 days of moving in, or breach of contract (eg no smoking and they're smoking)? seems like they're on the 'reasons' to check off when filling out the form for giving notice.

Evicting people is either hard...or really easy.

There is money, and then there is everything else. If you are owed money, or they are late giving you money, you are golden. If they are late once, you give them a late notice. First documented warning. Next time, give them the RTB 10(the pay to stay form). If you have 3 times in 12 months, then hit them with a 30 day. The branch will actually back you.

For all other reasons? Good luck! Document the shit out of it, have photos, written documentation and it better not be petty bullshit because the people at the branch are NOT idiots and will know what you are trying to do.

And have fun with the tenancy that continues after you tried to evict them for cause.

finbar
10-08-2013, 07:44 AM
Once upon a time a princess tenant complained about the toilet paper running out and expected me to install a new roll!
HAH! Can't understand normal thinking.
I enjoyed delivering the condescending lecture.

dinosaur
10-08-2013, 08:27 AM
To break it down in simple form....

How You Can Evict a Tenant

Money
Like Gridlock said above, money is, BY FAR, the easiest way to evict someone. It is a very black and white area of the Act and very simple to understand.

Rent is due on the 1st of the month regardless of holidays, bank holidays, weekends, Sundays, pay days, and what ever excuse a tenant can attempt to use. At 12:01am on the 2nd, rent is late.

On the 2nd, a 10-Day Notice of Unpaid Rent (eviction) can/should be issued. This notice gives the tenant 5 days to either pay OR file a dispute resolution at the Branch. If, within 5 days either is not done, it means that the tenant has accepted the notice and must move within the next 5 days. If you do not hand the notice to them in person, they have an addition 3 days on all fronts. Yes, they still owe rent for the entire month.....and the following month if you want to be a dick.

Furthermore, if a tenants' rent payment is late 3 times "within a reasonable time frame" (12 months), that tenant can be served a 30-day (one month) Notice to End Tenancy. This notice MUST be issue before the end of the month....so, if the 3rd time late is for the month of October, a landlord will issue the notice October 27th for that tenant to move November 30th. And yes, the tenant still needs to pay rent for November....some times they have difficulty understanding this.

For Cause
Evicting for cause is tricky, time consuming, and overall...a pain in the ass. However, should you have a dick tenant, it is worth it. This area of the Act is all grey...meaning, it can all depend on the situation, what judge is assigned, the landlords evidence package, etc.

Some examples:
-Disturbed quite enjoyment (noise, parties, fighting, yelling, disrupting neighbours, etc)
-Sever damage (self explanatory....but this damage may also be the result of hoarding, smoking, animal/insect infestation, etc)
-Health and Safety (violence, threats, smoking, drugs, etc)
-Breaking an agreed upon amendment to the RTA (pets, use of space, smoking, etc)
-Exceeding the a reasonable number of occupants
-Unpaid damage/pet deposits
-Other random issues

To evict for any of the reasons above, a landlord will need to provide as much evidence as possible (photos, statements, police reports, letters from neighbours). Along with this evidence, the landlord must as prove that there have been ample warning, ie: verbal warnings, several written warnings, timelines (check out Acura604's thread [http://www.revscene.net/forums/687020-landlord-inspection-rights.html] - several letters....appropriate amount of time given to comply, etc).

This is a long game and it has to be done well. You can't just evict a tenant because he listens to the TV to loud. This needs to be repeated offenses that severely impact others or the property. It can be frustrating, but if you have a real bad one, it is obviously worth it.

Here is the back of the form for the 30-Day Notice to End Tenancy:
18786

Other Reasons To Evict
There is a rarely used 2-Month Notice To End Tenancy. This is used for use of the property and ownership of the property, etc. The notice involves the landlord giving the tenant one (of the two) month of free living or if the tenant chooses, they can move after 1 month and be handed one month's rent in cash. This form is pretty black and white as well, but if you are evicting to renovate, be prepared to provide ample evidence. Landlords will try to use this form in a deceitful manner and it always fails...you need to prove this stuff and if the tenant tries to fight it, the landlord could get fucked.

18787

That should pretty much cover all ways/reasons to evict. Some times it is easier to read the forms used instead of the Act to see if your case will hold up in court. If you ever need to use these form, make sure you read the delivery instructions because if it is not done correctly, your case will be thrown out before it even starts. It is VERY specific.

dinosaur
10-08-2013, 12:58 PM
I should really write up a Sticky post for this thread...me think you need to be a mod though...

CRS
10-08-2013, 01:02 PM
I should really write up a Sticky post for this thread...me think you need to be a mod though...

If you or Grid create a thread with all the useful info, I'll pin it up.

CRS
10-09-2013, 08:53 PM
This question is kind of after the fact but should I be providing manuals and stuff I got from the developers to my tenant?

i.e. appliance manuals and home owner manual

dinosaur
10-09-2013, 09:43 PM
For my personal property, I leave all the appliance manuals and provide a copy of the strata bylaws.

For our apartment building, we lease appliance manuals. As it is the responsibility of the tenants to replace light bulbs and fuses (which include fridges and ovens), it is good for them to know how to properly replace them.

As for home owner manual, it is up to you. Providing a copy probably doesn't hurt....maybe it will cut down on the emails/calls ;)

Gridlock
10-10-2013, 07:40 AM
And under most strata bylaw, you are supposed to provide a copy of the bylaws for your tenant to read, follow, understand, be able to reproduce verbatim and provide to the tattoo artist to have imprinted upon their body.

sh0n
10-10-2013, 09:58 AM
This question is kind of after the fact but should I be providing manuals and stuff I got from the developers to my tenant?

i.e. appliance manuals and home owner manual

Keep the original and provide copies or owner's manual (copy or URL) to the tenant.

Also bylaws should be required.

You definitely have a princess tenant and it's time to put on the daddy pants and be a dick around her.

bcrdukes
10-10-2013, 10:20 AM
I don't mean to go off topic, but are there any ways throughout the interview process of prospective tenants to determine whether one is a princess or not? (Serious question)

radioman
10-10-2013, 10:23 AM
^Give them tap water and see if they complain?

bcrdukes
10-10-2013, 10:27 AM
Gee, why didn't I think of that?

radioman
10-10-2013, 10:29 AM
:)

dinosaur
10-10-2013, 12:27 PM
I don't mean to go off topic, but are there any ways throughout the interview process of prospective tenants to determine whether one is a princess or not? (Serious question)

Look for a Channel purse :troll:

Seriously though, anyone who acts like they are doing you favour by moving in. I also stay away from those who ask:

-"Can I paint?" and turns up their nose when you say, "no"

-"Are you going to put in different appliances?"

-"Is it quiet?" and persistently insist that it needs to be silent 24/7. I have had someone almost make me swear on my life that it was quiet. That was enough of a red flag for me. You are going to hear noise...it is unavoidable.

-Anyone who asks you if items can be changes, ie: carpets, fixtures, counters, etc. Basically someone who wants you to renovate to their liking.

Honestly, you just need to get that feeling. After a while you can pick up on it...they walk around with their nose up, nothing seems to be good enough, etc.

OH, and....this is a big one....anyone who says, "I always have a professional cleaner come and clean the apartment before I move in because I don't trust your cleaners". Translation=nothing you ever do will be up to my standards.

I also like to give people guidelines for contacting me. I'll say, I am available between 9am and 5pm Monday to Friday for random issues. Anything above and beyond that is off-hours emergency call only, ie. fire, flood, major safety concern. This gives the tenant the impression that you are not at their beck and call. The same goes for emails....don't feel the need to respond right away. It is ok to wait until the next day during your "business" hours.

Gridlock
10-10-2013, 01:10 PM
DO NOT LET TENANTS PAINT.

Sorry...dino mentioned people painting and NEVER EVER EVER EVER let tenants paint. I don't care if Michelangelo himself wants to rent from you and says, "well yeah, I did this chapel that turned out ok" ...NO NO NO NO NO.

Other than that, Dino's post is spot on for princess spotting.

In general, also look for people that talk too much. Like, they are trying to snowball you with how great they are?

Ultimately, you are looking for people that have a normal conversation and seem to be "in the here and now" with you. They ask a question, you answer it and that inspires a new question or comment.

Basically, you need to rent to some shit a few times before you realize that you need to stop doing that :)

finbar
10-10-2013, 06:50 PM
DO NOT LET TENANTS PAINT.

Sorry...dino mentioned people painting and NEVER EVER EVER EVER let tenants paint. I don't care if Michelangelo himself wants to rent from you and says, "well yeah, I did this chapel that turned out ok" ...NO NO NO NO NO.
:)

What paint horror happened?

Gridlock
10-10-2013, 07:17 PM
Ended up with a greek restaurant on crack. Bright blue, ceiling as well...and fuschia.

Another group painted our townhouse a nice baby poo brown.

dinosaur
10-10-2013, 07:51 PM
Furthermore, people always think painting is easy. "I don't mind painting, it will just take a couple hours, how hard can it be?!"

They will never prep the walls. They will never take face plates off. They will never use drop cloths. They will never cut properly around the ceiling. They will never paint a second coat. They will never pick nice colours. They will never purchase the proper supplies. They will always cut corners.

MindBomber
10-10-2013, 08:05 PM
If you or Grid create a thread with all the useful info, I'll pin it up.

In my humble opinion, Grid and Dino's contributions to H&H Renovations warrant them becoming the moderators of it (if they want to be). I see the potential impacts of such a move as nothing but positive.

Just my $0.02.

dinosaur
10-10-2013, 08:33 PM
Grid would probably be better than I as he owns is own renovation company as well as managing properties. I just manage properties. He is more "well-rounded" for this sub-forum.

Plus, he has been a member of RS for 10 years and knows it better.

GLOW
10-11-2013, 07:23 AM
and he's one half of the RS justice league

6793026
10-11-2013, 08:28 AM
this doens't jut go for painting, if they change anything or fix anything etc, they have the ability to sue you. this is the reason why i alwasy hire professional and insists on doing that and "i'll do the hardwood floors, you just pay me money".

GLOW
10-11-2013, 08:37 AM
i know at work when we talk about small private projects and you hire a contractor there's always a concern that they have WCB. if they injure themselves or 'injure' *wink wink* themselves and are not WCB covered, they can go after you as the owner and you cover the bills.

G
10-11-2013, 10:25 AM
Wear the pants CRS

Gridlock
10-11-2013, 01:19 PM
and he's one half of the RS justice league

*cough* better half.

Mindbomber barely attends the meetings, and when he does, he just tries to plan orgies.

GLOW
10-12-2013, 08:29 AM
In general, also look for people that talk too much. Like, they are trying to snowball you with how great they are?

Basically, you need to rent to some shit a few times before you realize that you need to stop doing that :)

i think i got me one of those...tells me everything i want to hear to sign a contract but starting to be the opposite, lesson learned

CRS
10-13-2013, 08:29 PM
Wear the pants CRS

I'm a nice guy, what can I say?

MindBomber
10-13-2013, 08:34 PM
*cough* better half.

Mindbomber barely attends the meetings, and when he does, he just tries to plan orgies.

:nyan:

skiiipi
10-15-2013, 08:58 PM
This is for Dinosaur and Gridlock....

Its kind of opposite to the thread, but I didnt want to make a new one.....
I am 5 weeks into my tenancy agreement in a basement suite in fort mac.
My landlords seems to be a first time landlord given that this was a brand new suite when I moved in.

During my first few weeks, I found that he was in my suite A LOT when I am not home, his excuse was that he needed to check on the furnace or some bull shit like that. I live in a legal basement suite, so i have a separate furnace from his main unit.

A few times he had mentioned that I need to turn off my lights when I am not home...and one time, I was home, but I left the stair well on, and I caught him entering my suite from the main floor door and turning off my main stairwell lights.

Today he sent me a text saying he saw my bathroom light and my bedroom light on when I am not home and told me that I need to turn off my lights when I am not home. While I admit, I might have left in a hurry this morning and I left the light on, but i am sick of him entering my suite to "check up" on it.

Honestly, he has it easy, I'm at work 6 days a week 12-14 hours per day, I dont drink or smoke, and I live alone. I pay $2500/month for a basement suite that includes utilities, cable and internet. I try to be as considerate as possible and not watch tv loudly or even have music playing after 10pm.

Anyways, so today I finally got frustrated and asked him to give me the respect and courtesy of a 24 hour notice prior to entering my suite. And his response was "if you are not happy here, you are more than welcome to move".

The thing is, I am super busy with work right now that I do not have time to move, my move up here was fully compensated for by my company, and if I were to move out it would be out of pocket. Plus I live in a market where it is hard to find a rental suite (Fort Mac)

I have a 1 year lease with him, is there anything I can do to keep this guy out of my suite while still living here for the remainder of the year?

I already agreed to paying him rent in cash every month so he doesn't need to claim taxes, but I might stop that not since its not a requirement as per my tenancy agreement, and I rather not get screwed by him claiming that I did not pay rent.

Any advice to dealing with an 'overprotective' landlord?

TIA

meme405
10-15-2013, 09:18 PM
This is for Dinosaur and Gridlock....

Its kind of opposite to the thread, but I didnt want to make a new one.....
I am 5 weeks into my tenancy agreement in a basement suite in fort mac.
My landlords seems to be a first time landlord given that this was a brand new suite when I moved in.

During my first few weeks, I found that he was in my suite A LOT when I am not home, his excuse was that he needed to check on the furnace or some bull shit like that. I live in a legal basement suite, so i have a separate furnace from his main unit.

A few times he had mentioned that I need to turn off my lights when I am not home...and one time, I was home, but I left the stair well on, and I caught him entering my suite from the main floor door and turning off my main stairwell lights.

Today he sent me a text saying he saw my bathroom light and my bedroom light on when I am not home and told me that I need to turn off my lights when I am not home. While I admit, I might have left in a hurry this morning and I left the light on, but i am sick of him entering my suite to "check up" on it.

Honestly, he has it easy, I'm at work 6 days a week 12-14 hours per day, I dont drink or smoke, and I live alone. I pay $2500/month for a basement suite that includes utilities, cable and internet. I try to be as considerate as possible and not watch tv loudly or even have music playing after 10pm.

Anyways, so today I finally got frustrated and asked him to give me the respect and courtesy of a 24 hour notice prior to entering my suite. And his response was "if you are not happy here, you are more than welcome to move".

The thing is, I am super busy with work right now that I do not have time to move, my move up here was fully compensated for by my company, and if I were to move out it would be out of pocket. Plus I live in a market where it is hard to find a rental suite (Fort Mac)

I have a 1 year lease with him, is there anything I can do to keep this guy out of my suite while still living here for the remainder of the year?

I already agreed to paying him rent in cash every month so he doesn't need to claim taxes, but I might stop that not since its not a requirement as per my tenancy agreement, and I rather not get screwed by him claiming that I did not pay rent.

Any advice to dealing with an 'overprotective' landlord?

TIA

I'd say hold the cash thing over his head, try to leverage a deal with him.

Just remember he has no grounds to evict you judging by what you are saying, and as you stated yourself he cannot enter the suite without at least giving you notice, explain this to him and if it persists explain to him you are well within your legal rights to report him to the tenancy board.

The tenancy board has given the renters a lot of rights in this area, and they wholeheartedly stand by them. So if this ever escalates I see no reason they would not side with you.

EDIT: oh and i looked it up, you can leave all your lights on 24/7 if you want and he can't do fuck all about it.

dinosaur
10-15-2013, 09:59 PM
I'd say hold the cash thing over his head, try to leverage a deal with him.


Brilliant advice given if you are planning on being evicted! :rukidding:


Now for real advice....

First, as you are aware, a landlord must give you 24 hours notice to enter your suite. Furthermore, a landlord can not give you this notice and enter more than once within 30 days unless there is an emergency (fire, flood, needs access to electrical panel, etc.).

If I were you, I would write a letter to the landlord stating that you require proper notice and should he fail to do so, you will file a dispute resolution. I would also include this: http://www.rto.gov.bc.ca/documents/Fact%20Sheets/RTB-107.pdf

Do not move. If he continues to enter your suite, record the time, date, and evidence you have that would indicate he is still doing so. You can file a dispute resolution (online as you are up North) where a judge will rule that he is in the wrong. There is a monetary penalty for landlords who do this. "Court" is on the phone which is beneficial for someone in your position. Of course, this is the worst case scenario. Writing a letter and including branch documents should be enough to scare him.

And, here is something EVERYONE should know:

You are NEVER allowed to personally hold back rent for ANY reason. When a situation arises where is may seem okay to do so (damages to your property, repairs need to be done, supplies you have bought, etc.) you must file a Dispute Resolution with the branch PRIOR to rent being due. You then pay the Tenancy Branch your rent where it is held In Trust until your court date.

If you hold back you rent without doing to above, you will lose any case you file and you will be evicted.

dinosaur
10-15-2013, 10:02 PM
Also, if you are paying in cash, you better be getting proper receipts.

They landlord is also not allowed to restrict "ways" of paying (with exception to methods such as credit cards, direct deposit, etc.). He must accept cash or cheques (money orders included).

dinosaur
10-15-2013, 10:05 PM
Soooooooo.....when I skimmed your post I thought I read Fort St John.

The information I gave was based on the Tenancy Act of BC. You will need to check the Tenancy Branch of Alberta for correct info as they Acts vary greatly between provinces, my bad!

dinosaur
10-15-2013, 10:09 PM
Here you go....print this and give it to him:

http://www.servicealberta.gov.ab.ca/pdf/RTA/10LANDLORDS_RIGHT_OF_ENTRY.pdf

meme405
10-15-2013, 10:10 PM
Brilliant advice given if you are planning on being evicted! :rukidding:



How so? i'm not saying don't pay him, I am saying tell him you are going to start paying via cheque, and then he will realize that he will have to claim tax on that, something he is obviously not doing right now (thats his choice).

As you stated yourself he cannot evict you for choosing to pay him in a different form, money is money and he has to take it unless it inconveniences him in some way (you can't pay him in nickles and dimes...)

Gridlock
10-15-2013, 10:11 PM
I toured a suite once where he was a "cash is king" guy. Didn't like him or his "fo and leave me alone basement rat" attitude either. I would still want a receipt for the rent, and I'd like to know that his tax benefits are reflected in the rent I'm paying, you know?
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MindBomber
10-15-2013, 11:43 PM
In case you start feeling spiteful, skiipi.

Informant Leads Program (http://www.cra-arc.gc.ca/leads/)

:whistle:

skiiipi
10-16-2013, 05:58 AM
Here you go....print this and give it to him:

http://www.servicealberta.gov.ab.ca/pdf/RTA/10LANDLORDS_RIGHT_OF_ENTRY.pdf

Thanks a lot, I will hold this in my back pocket until the next time I catch him in my suite. In the mean time, I guess I'll double check my lights to make sure they are all turned off before I leave for work and hopefully he leaves me alone.

I simply send him a polite text last night that I would really appreciate the 24 hour notice unless it is a legit emergency.

Is there a template I can print out for the landlord to fill out so I get a proper receipt for cash payment in rent? I don't mind paying cash, as long as I don't end up getting screwed over somehow.

Thanks a lot for the help!

skiiipi
10-16-2013, 05:59 AM
EDIT: oh and i looked it up, you can leave all your lights on 24/7 if you want and he can't do fuck all about it.

Thanks, do you by chance have the source for this?
Not that I will intentionally do it, but if I leave for work in a rush and forget a light and he bugs me about it again, I want to show him something that will tell him to get off my back.....

dinosaur
10-16-2013, 07:27 AM
No, your landlord can go to the dollar store (if there is one up there) and buy a receipt book...hand him cash...he gives you receipt. Its just like a store.

In regards to the lights, I know you don't HAVE to turn your lights off but just try and turn them off....you seem like a real good guy so I doubt you do it to be a dick and I doubt you will leave them all on on purpose now. Maybe write a "TURN OFF LIGHTS" note on your front door so you will see it before you leave :)

subordinate
10-16-2013, 06:14 PM
No, your landlord can go to the dollar store (if there is one up there) and buy a receipt book...hand him cash...he gives you receipt. Its just like a store.

In regards to the lights, I know you don't HAVE to turn your lights off but just try and turn them off....you seem like a real good guy so I doubt you do it to be a dick and I doubt you will leave them all on on purpose now. Maybe write a "TURN OFF LIGHTS" note on your front door so you will see it before you leave :)

Anyone anal about lights being on, worth a couple of bucks a month, is spelling trouble in the long run.

Skiipi is paying his rent on time, barely at home, and can't even leave a light on?

Crazy I tell you. The first mistake was not getting receipts. Unfortunately, I bet the landlord will already be suspicious about the receipts and promptly say no to them. Unless he's an idiot?

And I wouldn't have sent the text to him, I think it's better in person to tell him, "hey, I'd really appreciate 24 Hours unless its' an emergency; I mean, I need some privacy right? What if I have my pants down....."

dinosaur
10-16-2013, 07:39 PM
I'm not saying he has to turn his lights off....I'm just saying he should avoid perpetuating the problem. Furthermore, if the landlord is using this as an excuse to snoop, take that excuse away. If the landlord continues to to enter and complain about mundane shit, the problem is bigger than the lights.

Buddy can do what he want...he can turn on every device, appliance, electronic, light, etc. on in his suite and leave for the weekend....but, if he wants a good relationship with his landlord, that wouldn't help.

At the end of the day, what your landlord is doing is wrong. Telling him is requires 24 hours notice along with everything else that has been discussed here with HOPEFULLY solve the issue.

Lomac
10-16-2013, 09:33 PM
Shit. If the landlord freaks out about a lightbulb staying on, I wonder what he would say about me leaving my rendering computer running 24/7... :lol On the plus side, it throws off enough heat that I would never have to pay for a heating bill ever again...

subordinate
10-16-2013, 10:34 PM
Shit. If the landlord freaks out about a lightbulb staying on, I wonder what he would say about me leaving my rendering computer running 24/7... :lol On the plus side, it throws off enough heat that I would never have to pay for a heating bill ever again...

agreed.

That's what I was getting to Dino. I'm all for trying to turn off the lights, etc, to avoid the potential conflict.

But if I get a warning each time about such a small thing, what's next? Take out the plugs from the outlets if I'm not using them?

skiiipi
10-16-2013, 10:35 PM
No, your landlord can go to the dollar store (if there is one up there) and buy a receipt book...hand him cash...he gives you receipt. Its just like a store.

In regards to the lights, I know you don't HAVE to turn your lights off but just try and turn them off....you seem like a real good guy so I doubt you do it to be a dick and I doubt you will leave them all on on purpose now. Maybe write a "TURN OFF LIGHTS" note on your front door so you will see it before you leave :)

Anyone anal about lights being on, worth a couple of bucks a month, is spelling trouble in the long run.

Skiipi is paying his rent on time, barely at home, and can't even leave a light on?

Crazy I tell you. The first mistake was not getting receipts. Unfortunately, I bet the landlord will already be suspicious about the receipts and promptly say no to them. Unless he's an idiot?

And I wouldn't have sent the text to him, I think it's better in person to tell him, "hey, I'd really appreciate 24 Hours unless its' an emergency; I mean, I need some privacy right? What if I have my pants down....."

I'm not saying he has to turn his lights off....I'm just saying he should avoid perpetuating the problem. Furthermore, if the landlord is using this as an excuse to snoop, take that excuse away. If the landlord continues to to enter and complain about mundane shit, the problem is bigger than the lights.

Buddy can do what he want...he can turn on every device, appliance, electronic, light, etc. on in his suite and leave for the weekend....but, if he wants a good relationship with his landlord, that wouldn't help.

At the end of the day, what your landlord is doing is wrong. Telling him is requires 24 hours notice along with everything else that has been discussed here with HOPEFULLY solve the issue.

Yea, i feel that he is using he light as an excuse to enter my suite, but yea I honestly dont intentionally leave the lights on, its just some mornings I am in a hurry and accidently leave 1 light on in the bathroom or smth.

But yea this time was the first time that I gave him any sort of push back about coming into my suite without notice....he has done it a few times in the past, but this time he caught me on a bad day that I actually decided to a) respond his text and b) come to revscene for advice and I'm glad that I did.

I will mention the receipt part to him when I give him my rent next week....I will be giving him my rent for Nov early (on the 22nd) as I am out of town from the 22nd to the 2nd of Nov, and I'd rather not be 1 day late, but yea I think I would like to have the peace of mind that I get a receipt, so I don't return on the 22nd to find all my stuff outside cause he claimed that I didn't pay rent or something.

I am also thinking of motion sensored security camera at the stair well where he usually comes in (there is a door that opens from his main floor, there is a deadbolt on his side, but no way for me to lock it on my end. Just so I can have some proof if he decides to come in and snoop.

Also I know for a fact that he ha been in my suite before a few times, because I would always come home to find sometimes new "additions" to my furnished suite, like a new (used) coffee table in my tv room, or a new floor mat in my stairwell.....I didn't say anything as I appreciated the kind gesture, but now I am starting to think that its an excuse for him to snoop.

subordinate
10-16-2013, 10:42 PM
Does this guy have a family?
Sounds creepy to come down to leave "additions"

Getting receipts is one way...but I might want to be more covert.
Tell him you are having cash issues / or have to run out of town shortly, and e-transfer him the money?

And in the details section, put, October 2013 rent money?

If he accepts it, I mean, the proof is in the pudding right there.

If the receipts idea doesn't work, or you rather not take that route?

- this only works if he has online banking tho...unfortunately.

skiiipi
10-16-2013, 10:52 PM
Does this guy have a family?
Sounds creepy to come down to leave "additions"

Getting receipts is one way...but I might want to be more covert.
Tell him you are having cash issues / or have to run out of town shortly, and e-transfer him the money?

And in the details section, put, October 2013 rent money?

If he accepts it, I mean, the proof is in the pudding right there.

If the receipts idea doesn't work, or you rather not take that route?

- this only works if he has online banking tho...unfortunately.

Yea i would prefer to e-transfer him the money too, cause since my daily withdrawal limit is $500, i either have to go into the bank during operation hours, or take out $500 everyday for a week to get enough $ to pay him.

Yea he is a middle aged east indian guy, with a family, 1 young daughter, he is a civil engineer for Syncrude, and he got his Degree from University of Calgary.

We kinda did a mutual interview before he agreed to rent to me, and I agreed to rent from him....he seemed like a well educated, professional guy....but he is coming across as a stingy landlord that obviously have little or no trust in me.

Keep in mind, to get this place, I had to pay 1 month security deposit + 1 month rent up front.....(I just read Dino's stickie which said the max security deposit is 1/2 month, but it seems like in Fort Mac, everywhere ask for a full month rent as damage deposit, so im guessing maybe in Alberta it is okay?) Also I gave him my record of employment + proof of salary up front so he knows that I can afford his place....and isnt some unemployed bum that is going to trash the place.

Inaii
10-16-2013, 11:02 PM
Yea i would prefer to e-transfer him the money too, cause since my daily withdrawal limit is $500, i either have to go into the bank during operation hours, or take out $500 everyday for a week to get enough $ to pay him.

Yea he is a middle aged east indian guy, with a family, 1 young daughter, he is a civil engineer for Syncrude, and he got his Degree from University of Calgary.

We kinda did a mutual interview before he agreed to rent to me, and I agreed to rent from him....he seemed like a well educated, professional guy....but he is coming across as a stingy landlord that obviously have little or no trust in me.

Keep in mind, to get this place, I had to pay 1 month security deposit + 1 month rent up front.....(I just read Dino's stickie which said the max security deposit is 1/2 month, but it seems like in Fort Mac, everywhere ask for a full month rent as damage deposit, so im guessing maybe in Alberta it is okay?) Also I gave him my record of employment + proof of salary up front so he knows that I can afford his place....and isnt some unemployed bum that is going to trash the place.

Kepp in mind Dino's thread was for BC. I looked out of curiosity and found that Alberta can charge up to 1 month's rent.

AMOUNT OF SECURITY DEPOSIT
A security deposit cannot exceed what the tenant would pay for the first full month of the residential tenancy agreement. It cannot be increased at any time during the tenancy, even if the monthly rent is increased later.
(see the next section “Increase of security deposits”). If a residential tenancy agreement contains a clause that
requires a security deposit in excess of one month’s rent, that clause is illegal and unenforceable

http://www.servicealberta.gov.ab.ca/pdf/RTA/_6SECURITY_DEPOSIT_.pdf

dinosaur
10-17-2013, 08:43 AM
Never forget that tenancy acts vary drastically b/w provinces. It is important for everyone to know their rights as a tenant.

Gridlock
10-17-2013, 03:12 PM
You have to also keep in mind that some people think they are cut out for landlordin', and they aren't.

Especially if its someone in your basement.

I put blood, sweat and more blood into some apartment renos, finish everything up, it looks awesome, "well, it will never look this good again". Goes through my head every single time.

You got to let it go. If this guy is freaking over a light bulb and a quiet guy thats working all the time, I'd LOVE to show him a real tenant with real issues. I've got a guy named Jim that would just be a real treat.

finbar
10-17-2013, 05:10 PM
I had a similar issue occur last month.
We were out of town for a week when the landlady (unstable) posted a 5 day notice to enter.
We have always granted access in the past and did not like this aggressive development.
A letter from the lawyer was effective.
We are in Van BC, YMMV.


I am dismayed to hear that you posted a notice on my door knowing that my husband and I are out of town. I am also disappointed that you are unilaterally announcing that you will show up at my home on Monday seeking to enter without my agreement. This is particularly concerning as we have been excellent tenants.

Under the Residential Tenancy Act, you have a right to access on notice for purposes that must be reasonable. Showing up the day we arrive back from vacation to “view the premises for showing” is not reasonable.

I would like to work this out with you amicably, as we are not intending to deny you access to the premises, but you are taking very aggressive steps. We have consulted our lawyer, and if you persist in saying you will unilaterally enter our unit without agreement, we will be applying to the Residential Tenancy Branch for orders that the locks be changed, that a monetary penalty be awarded against you, and that conditions be set on your right to enter the unit.

We will not be ready for you to enter Monday. We will not be turning off the alarm, and if you enter the police will be called and our lawyer will be filing an application seeking monetary penalties at the Residential Tenancy Branch. However, we are willing to allow you to enter on Tuesday, October 1, 2013 at 5:30pm, and to consult with you on a cordial basis for access from time to time if you need to show the unit.

Please let me know your response as soon as possible. I don’t want to escalate this, but your aggressive actions are leaving me no option.

dinosaur
10-17-2013, 07:49 PM
You visited a lawyer for this? Over-react much?

If you go to the branch and file an dispute resolution, you'll lose. Also, no reputable lawyer will attempt to fight the RTA.

Good luck with that.

finbar
10-18-2013, 10:06 AM
You visited a lawyer for this? Over-react much?

It's my home, all she has to do is call and we can come to an arrangement.
Her email implied a series of these notices were coming, pretty much walk in any time she wants.
So yes, much over reacting was had.

She has no filter and needs firm managing.

The letter straightened her out, I doubt the board will be involved now.

Here is an example of a good idea she had,


18864

lowside67
10-18-2013, 10:18 AM
You have enough money for a lawyer but not to live in a place that doesnt have shit like that?

Also, as dinosaur said, you are fucked - they gave you 5 days notice to show the place, whether you are away or not is irrelevant, good luck with fighting that.

dinosaur
10-18-2013, 10:30 AM
During an arbitration case, you are absolutely able to have a "representative" with you or to speak for you (usually reserved for those with language problems or disabilities), but don't think for one second a lawyer will be up for fighting the RTA.

You are wasting your time and are grasping at straws to prove an irrelevant point. It is like when I talk to a tenant about a noise complaint and they bitch at me that their tap drips...as if the dripping tap is the reason they play music loud. It is a pathetic and immature response. I'm not going to lie....this is what you are doing.

She gave you 5 days notice. You chose to go away. If you unlawfully prevent your landlord from showing the suite, you will be responsible for the loss of revenue.

Your arrogance is overwhelming.

finbar
10-18-2013, 11:22 AM
That escalated quickly


The notice came after we left for vacation.

SSM_DC5
10-18-2013, 11:36 AM
The notice after you had already left is irrelevant. Sufficient notice is outlined in the RTA (24 hr notice).
The others are simply pointing out how silly your letter is and giving you a heads up that if you foolishly try to take it up with the branch, you're only wasting your own time and money.
whether or not this escalates will depend on how you respond to their advice

finbar
10-18-2013, 12:28 PM
The good news is we have worked out a mutually beneficial agreement.

Thanks for the perspective.

:)

Gridlock
10-18-2013, 12:32 PM
Honestly, here's the deal. I had a tenant try the same thing. "I wasn't pleased you went in my apartment when I was on vacation."

I said to her, I texted instead of leaving a note under the door, and its not my problem to know when each and every person is away. It's not my problem she was out of cell reception.

I CANNOT HOLD EVERYONE'S HAND.

What I didn't do, is exactly what dino said about the leaky tap, because I could have said, "i don't give a shit because you and your neck tatted boyfriend, conveniently not on the lease, smoke pot and it pisses me off"

I live by a rule in this...I like the people when they sign the lease. I deal with them when they live there, and chances are I fucking hate them when they are moving out.

Why? Because suddenly the princess effect of everything not being up to their standards turns into, "that's clean enough. Don't be a dick and give me my security deposit. All landlords just want to keep it"

I'm not saying this to you specifically finbar, but you happen to be the first person in all these threads that I strongly disagree with. Maybe your landlord is a kook. Lots are. Maybe you are a princess tenant. Once again, lots are.

What I am saying is from what has been shared, you are on a limb here.

And...there was no lawyer, was there?

finbar
10-18-2013, 06:22 PM
LOL.
The lawyer is a buddy, he made partner in his firm.

But there was no alarm system programmed for an armed police response.:ilied:

I've rented before this landlady and never had an issue.
One landlord was way cool, we developed a good working relationship.
I did a lot of kitchen and bathroom remodels for him.

The rent is always there.

I get along with the neighbours.

I keep the place clean.

If it's a small item like a toilet tank flapper I take care of it, keep my mouth shut and move on.
It's easier for me to pick one up on a grocery run and put it in than scheduling the work.

What I'm trying to say here is that I'm not out to bust anyone's balls, I just don't like being fucked with.
Then it's 0 to bitch in a nanosecond.

dinosaur
10-18-2013, 06:59 PM
Then it's 0 to bitch in a nanosecond.

Yeah. I have NEVER done that. :pokerface:

meme405
10-19-2013, 12:36 PM
Just curious, but you said you were going to be home in time for her to enter the suite. So what did you have to hide/clean-up for almost 24 hours before you could let her in?

There must be a reason you don't want to let her in.

finbar
10-19-2013, 07:36 PM
What I'm hiding is

http://d24w6bsrhbeh9d.cloudfront.net/photo/aD01m4G_460sa.gif

Gridlock
10-19-2013, 08:35 PM
So worth it. Bewbs.

skiiipi
10-20-2013, 08:03 AM
So this morning as I was leaving for work. The landlords wife was on her phone in the main floor. I can hear her cause the sound proofing of both the house is pretty bad.. Anyways, as left and closed the door, I hear her open the door to to basement from her side and yell out my name.
So I opened my door and poked head back into the basement to see what she wanted.
Then she just said to me in a stern voice 'you need to close the door nicer'. So I said 'okay but by no means am I slamming the the door' and her response was just 'you are going to close it quieter'
I was already running late for work so I didn't want to keep arguing but on my drive to work this didnt sit well with me.
It seems like they are just being super picky with me now, perhaps they want be to leave?
I will definitely consider moving when my lease is up, but right now let I stated before, work is getting too busy for be to consider moving and also is getting cold and moving in this weather will suck.
Any suggestions as to what I can do to get the landlord off my back?

Thank god I am on holidays in 3 days... Can't wait wait to get away
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dinosaur
10-20-2013, 08:14 AM
Live your life normally. Let her get on your back all she wants and as long as you are just being a regular, everyday tenant who is abiding by the Act, she can't do a thing.

If it continues and she doesn't stop nit-picking....you can file a dispute resolution. You have the right "Quite Enjoyment" to live in your suite free of disturbances. "Quite Enjoyment" isn't just about loud music, etc...it includes issues such as this.

If you want, you can also send her a letter stating that you have this right and should she have an issue with your tenancy or if you are breaking any rule, she can alert you by sending you an official warning letter.

Gridlock
10-20-2013, 08:40 AM
It is a valid technique. Nit pick the shit out of someone until it gets uncomfortable.

It takes a LOT of effort.

The way I look at it, if I have to go out of my way to involve myself in their door closing skills, then maybe they aren't that bad :)

Fuck basement suites man. I've done two of them. One, the kid from upstairs went to my work and told my staff what my sex sounded like, including, apparently a somewhat accurate reproduction.

Move to somewhere where they have a life and no interest in teaching you how to close doors.