Q:
Hello,
My landlady evicted me a few months ago stating the reason she needed the suite for "family". I did not believe her and discovered from the RTO that if she rents the suite out to someone else within 6 months I could be awarded 2 months rent.
Earlier this week I discovered that she has the suite advertised online as olympic lodging. My question is: Can I file a dispute with the RTO now or do I have to wait until she actually rents the suite to someone?
Thanks!
A:
When a landlord issues a notice to end a tenancy for his or her own use (immediate family), and doesn't do what he or she said he or she was gonna' do, there are consequences, such as you point out. When a party lodges a claim in arbitration, the onus is on he who alleges to prove his case. While it would appear that your old landlord is indeed trying to rent out your old digs for the Olympic period, if you apply for arbitration now, and get there before the Olympics even start, and when the joint is still empty, then all you've got is an allegation of his or her nefarious intention, and which he or she will probably deny. That will leave you with no proof, and no case. I'd wait, get proof, and then claim.
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Q:
If we give a tennant notice to end tenacy on jan 15 for the end of february, and they want to leave Feb 1, do they have to pay for february. They signed a one year lease for the end of february, what can we do?
A:
In Block 2 of the standard tenancy agreement, both the landlord and the tenant are required to initial the document and explicitly set out what is to happen at the end of the lease. Your agreement likely says that the tenancy ends, and the tenant must move out. If so, your giving the tenant 'notice' is simply a courtesy, and will not be construed as what is intended in the RTO Form 'Notice to End a Tenancy' which is used in the eviction process. Issuing a ‘Notice to End the Tenancy’ involves non-payment of rent, cause, landlord use of property, etc. I doubt that is what you meant, and I doubt that is the form you used. Seems to me that your tenant simply wants out early, likely has found new digs, and is looking for ways to avoid paying what he/she contracted for. I would remind the tenant that he/she signed on for the full meal deal, which includes rent money up to the end of the lease period.
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Q:
Hi I rented out my condo April 1st 2009 and decided to sell it around Oct 2009. Original rental agreement was 2 yrs. My MLS listing for sale was going to end end of Nov and my realtor did many showings. However, there was no buyer because interior was not appealing. So I thought about renovating condo after tenant moving-out. Late November, I asked tenant to move-out and tenant asked for compensation, two-month rent + moving expense. We made agreement based on that compensation and I paid them half of compensation. On the last day of November, realtor found buyer and they made an offer which I accepted. After I accepted offer, I found out that I don't need to pay any compensation if condo is sold. I am not trying to be mean or scrooge to anybody. Actually, I am unemployed and had lots of mortgage on that house. I rented-out that place because I couldn't sell it when I left a country because of financial crisis.
Is there any other way to avoid that compensation agreement ? I am not asking for paying back the money I already gave them. But the money I gave them is quite substantial and do I have to pay them more ? What is the legal advice on this situation ?
A:
For legal advice, you should contact a lawyer, and can expect to pony up considerably more than $20 directed to an African Preschool charity. As is well identified on this site, I only offer quick and dirty internet advice based on my experience adjudicating landlord-tenant disputes. So, here is my take: Sounds like you entered into a 2 year agreement to rent out your condo, then entered into a mutual agreement to end the tenancy early, and both of you agreed to terms. It appears that you now no longer like the terms you agreed to, and you somehow want to 'unring the bell'. In my view, unless you can somehow convince someone in authority that the deal you signed on for contains terms that are unconscionable, or that there is compelling evidence of fraud, you're on the hook for what you signed on for. Yours is an expensive lesson learned, in my view.
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Q:
My tenant signed a 1 yr. lease for a sm house for $900/mo to commence on Oct. 1st. I added an amendum of no dogs, no smoking in the house and care & upkeep of the yard needs to be done. She paid me $200 (not the requested $450) damage deposit before Oct 1st, then $900 cash on Oct 5th. When I went to collect the rent, I discovered a huge dog in the house. Long story short, she said that if she couldn't keep the dog, she would move out. She later told me (not written) that she would be moving out on the 15th of Oct. She stated that I would then return 1/2 the rent and the damage deposit. I told her that I couldn't possible find new renters by the end of the month. Anyway, the conversation became quite heated, so I ended the converstaion. I consulted the Residential Tenancy Act, and wrote to her quoting the Act about the 30 day written notice, responsibility of payment, (including the possibility of paying every month for a year if I don't find a renter). I didn't bring up the fact that she broke the lease by having a dog. (That was part of the conversation). I told her that she would be responsible for the rent until the end of October , and if I found a renter for the beginning of November, I would not charge her thet month's rent. But if I didn't find a renter, she would be responible for the rent until I did. I suggested that we correspond in writing only, told her how to contact me, and asked her for a schedule of times that I could come in and show the house for future tenants.
Now for the question. . .soon. .The next day, I had a request to see the house. I had to phone her to ask her if I could enter the house. She said no, that I needed to give 24 hrs. notice, to which I agreed and said that I would do in the future. She then informed me that if she paid till the 31st of October that should would be staying in the house that long, AND THAT I COULD NOT SHOW THE HOUSE UNTIL AFTER THAT DATE! She also said that the dog would be staying with her all that time too.
What do I do? Can I submit the written 24 hour notice and show up anyway? or should I get a written order? I have two prospective tenants that I don't want to lose! If I ask her to leave by the 15th as she has broken the lease with the dog, do I have to return the 1/2 month's rent for October? The new people would like to move in on the 15th, IF THEY LIKE the house, but I can't get them in to see it! and if they don't take it I am stuck with 1/2 month's mortgage at least! Sorry - I'm finished. Thank-you for your quick response!
A:
If you've contacted the RTO, as indicated, I'm sure they advised you to issue the tenant a Notice to End the tenancy for non-payment of rent. The tenant must be served with the notice and has 5 days to remedy the situation by ponying up the rent money in full. If she doesn't cough up the rent as required, you move against her with a monetary claim and an application for possession. The issue of showing the joint to prospective new tenants for a future rental, and when you have a hostile tenant in place, is always a problem. Ideally, people work out a schedule to march prospective new tenants through. Where this is impossible, everybody must still play by the rules. The rules identify that the landlord can't enter another person's home without written notice, at reasonable hours, and for an authorized purpose. When this becomes problematic too, an order from the RTO can be sought. All said, you're in for an adventure. All said, you didn't screen your current tenant properly. What you are experiencing is a logical and some would say, a predictable result. This adventure is going to cost you money, time and grief.
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Q:
I am a member of a non- profit society that currently is renting out a trailer on the property. Currently there is only a letter of understanding that outlines the conditions of payment that has been in effect for over a year. The tenant has been on the premises for 11 years. The tenant desires to remain on the property and the society would like to enter in to a more formalized agreement. The tenant requested a 2 year term which is acceptable to the society, however, the society would like to increase the rent be from 675 to 750 in the second year. If the tenant agrees can the society set up a lease for a two year period and what form would one use?
I reside in B. C.
A:
Like business contracts, loan agreements and hockey contracts, tenancy agreements can be renegotiated. The Residential Tenancy Office has a standard tenancy agreement that can be downloaded. I recommend you use their form if you renegotiate your agreement, or if the original cannot be found. Where a tenancy agreement cannot be produced, this is the one the RTO deems to be in effect. Plus, also, and in addition, as well as furthermore, when push comes to shove and everything winds up on a bureaucrat's desk in Burnaby, they know what to look for and where to find it. When it comes time to present your case to a resolution officer, having all your paperwork nice and neatly organized beats the pants off having them trying to read between the ketchup and coffee stains on a paper napkin come tenancy agreement. I always liked it when litigants presented me with simple and easy to follow information. I get confused easily, as do the bureaucrats now ruling on landlord - tenant disputes. Furthermore, plus, in addition and also, I get suspicions when people insist on giving me an explanation when the facts is what I is after. The African kids thank you for your $20. It makes a difference.
All questions in this section are answered
by Wm. F. Watson, Government Appointed Arbitrator, Residential Tenancy
Expert. The above information is provided for general guidance purposes
only and it is not intended to be legal advice of any kind. Opinions
expressed or implied are not necessarily those of the ApartmentGuide.ca.
Where any information may differ from the Residential Tenancy Act
of British Columbia or its Regulations, the Residential Tenancy Act
and Regulations will prevail.
Wm. F. (Rick) Watson is a former member
of the Arbitration Review Panel of British Columbia where he examined,
upheld, or overturned decisions and orders made by Arbitrators in
landlord – tenant disputes throughout BC. He is the author of
'Landlording 101' ($35 available in manual or CD format). Mr. Watson
has conducted and been involved in well over 7,500 appeals, hearings
and dispute conferences. He also provides seminars, workshops and
consulting services to industry, landlords, and investors. To contact
Mr. Watson or join the mailing list for his quarterly tenancy newsletter,
e-mail williamfwatson@dccnet.com.
