Q:
Our permanent home is in the Gulf Islands, but my husband has a consulting contract in Vancouver for the next year and I require medical treatment so we rented a 3-bedroom upstairs suite in a house in Deep Cove at the beginning of October.
Immediately after we moved in, the landlord announced that he had decided o sell the property - something we were not aware of at the time of signing the lease.
Since moving in, we have had a constant array of prospective buyers wandering through the home - albeit with the 24hr notice - but we feel as though our right to peaceful privacy has been violated and that we were clearly misled, as he was obviously waiting until the property was rented before listing it as an investment purchase.
Do we have a case for breaking our 6-month lease, given that the landlord had an "intent" to compromise our right to enjoy peace and privacy before we signed the lease?
Is there no regulation that requires a landlord to disclose this information since apparently the house had been on and off the market for a period of time before we moved in which, coming from out-of-town, we had no way of knowing.
Thanks for your response. I think the donation to the African Preschool Organization is a great idea.
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| A:
You have a lease, so your agreement to rent is in place until it expires, which will be set out in your paperwork. Any prospective purchaser should be aware that a renter on a lease comes with the property purchase - same diff' as buying the Vancouver Canucks - the purchaser inherits all the assets and liabilities, which includes payroll, stick boys, towel guys, etc. The 'rules' for showing the joint to prospective purchasers should be arranged well ahead of time. Realtors with prospective purchasers in tow, and no notice or notice not in compliance with the Act, can be turned away. Good Realtors understand that co-operative tenants can make or break a sale, which is why they often go out of their way to please the tenants, inventory the premises, buy the tenants dinner out, etc. I'd advise the landlord that you'll consent to an agreeable schedule to have the joint toured. You could advise the landlord that if unreasonable and multiple requests keep happening, you are contemplating a claim in arbitration for loss of use and quiet enjoyment, which can win you a small rental reduction after a big fight. The best way to proceed is to negotiate a schedule. Try to avoid litigation as it vexes the soul. As for having the premises listed for sale and purchasers wanting to have a squiz, and if'n this is a deal breaker, it isn't. A lesson here is that it isn't just up to the landlord to check out to whom he is renting - It is also up to the tenant(s) to check out the landlord, and the property. Prospective tenants, like prospective landlords, should conduct 'due diligence' before signing an agreement. The neighbors coulda' told you about the place being for sale for months. Diligent tenants woulda' asked. |
