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- Roommate Agreement
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Q: I just moved to BC from Ontario into a shared accomodation setting where the landlord lives in the house with several other tenants (each has a bedroom but we share the kitchen and bathrooms). Each tenant has a different agreemnt and for me there is no formal lease signed but a verbal agreement for three months. Also the landlord charged a full month rent for a security deposit; instead of the typical half month deposit. According to my landlord this place does not fall under the rental tendency jurisdiction, so i'm wondering if I even had to pay a deposit in the first place? Can i just cancel the last remaining check for October and tell him to apply the security deposit since he would have received the full three months rent we agreed upon? I'm concerned there may be difficulty in getting the deposit back because he has all sorts of weird conditions when tenants move out, e.g. finding a replacement tenant for the room you rented?
A: Section 4 (c) of the Residential Tenancy Act of British Columbia says that the legislation does not apply to "(4(c)) - living accommodation in which the tenant shares bathroom or kitchen facilities with the owner of that accommodation.” This appears to describe your situation, in which case it means you’re outside the jurisdiction of the legislation - the rules of engagement within the Residential Tenancy Act of BC don't apply to you and yours. The agreement you have with the proprietor of the premises is a civil matter - small claims stuff. Either or both of you can take it all to City Hall and file claims against each other, and whomever else you think has wronged you, and against whomever you think you can prove a case. Small claims disputes are subject to mandatory mediation, which would likely take place well before a real Judge might even entertain your file, and for which you and whomever you've chosen to sue will have to pay for. Small claims cases take nearly a year, on average, to wind through the process, and small claims cases are up there with landlord-tenant disputes for levels of stress and anxiety. If you decide to stiff the 'landlord' and move out in the middle of the night, the proprietor/landlord might elect to come after you in small claims. Same diff if you stiff him for the 'rent' money, and/or if he stiffs you for the 'deposit' money. Sorting out who owes what and to whom can go on for a while, and usually does. Good Luck.


 
 

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