| |
Tenancy Problems - Most Recent Answers
Q:
Hi, Mr. Watson
We're now in situation of disputing eviction notice by cause, disturbing other tenant.
We are the long term tenant (13Y), the other tenant who made false accusation on us, being noizy by shoes, child, etc is newer about 1 and half year. Sometime ago, the other tenant started personally dislike of us, and making many complaints to the landlord (property management co.).
We have 3 to 4 neighbours who confirmed our good behaviour and peaceful relationship with them, one stand on conference hearing as a witness that the other tenant is the person who likes conflicts.
Now in preparing dispute statement, we tend to focus on how the other tenant is, but should we make more focus on landlord failed to conduct investigation on nature of complaints, examin the fact?
We did not receive the breach letter that is recommended in RTO guide, just one way communication between the other tenant and landlord.
We received an warning letter once in June, we communicated with landlord immediately that this statement is not true.
Since lanlord is an employee of property manegemet company, she sounded like she was just following procedure filing complaints and giving a letter. No other actions were made.
According to RTO guide, landlord must investigate the complaints between tenants. Is landlord legally liable for that?
We feel our case is pretty strong with a few other neighbours supporting us, long tenancy history without problems with others, but we are unsure how we position our stands, more for credibility on us & negative reputationnot on the other tetant, or more towards landlord failing to follow the recommended steps.
Sorry for lengthy way of asking, but we're pretty distressed (as everyone who go through this), we want to be honest on hearing, and don't want to be blaming here and there, get no points to arbitrator.
(by the way, could you tell us how much time we'll normally have at phone conference? We're 2 + 1 witness, other tenant, and possiblly landlord will be on the phone. Is that true the arbitrators' decision is 75% made based on evidences submitted before the hearing?)
Thank you so much in advance for your professional advice.
|
|
|
| A:
So you are off for a landlord-tenant dispute resolution hearing. By telephone conference call. The RTO handles over 25,000 cases per year in this province. Your case will be heard and decided by a dispute resolution officer. The dispute resolution officer is impartial. He or she hears these disputes on a regular basis, and must decide the case on the evidence. The notice to end your tenancy is evidently based on a complaint of disturbing another tenant. The onus of proof lies on he who alleges - in other words, it is up to the landlord to make a compelling case that you and yours should be pitched out on the street for your egregious actions. The notice you received should set out the jist of the issue. The information the landlord has submitted in advance of the hearing will provide much more detail, so you should know well in advance the case to be met. If you have supporting evidence such as witnesses prepared to testify that you and yours haven't and aren't unreasonably disturbing the other tenant(s), it will go a long way to persuading the dispute resolution officer that the notice should be set aside. My advice is to be very prepared. Be civil. Don't interrupt. Offer your evidence in a logical manner. Make it easy on the decision maker to find in your favor. A telephone hearing should take, on average, 30 to 45 minutes. Compelling cases take a lot less. I always preferred to hear the facts, as opposed to long winded explanations. I always found it a little more difficult to be persuaded by those reluctant to provide answers and facts. In the end, whether you win or lose, it is the evidence which will sink you or support you. |
|
|
