Quote:
Originally Posted by Delgar
The landlord can enter the property. They have the means and they own it. 311 says in no uncertain terms they can't? Well, they are. They risk a fine or penalty.
Sometimes practical advice is better than advice on what the law says you can and can not do.
The law says you can't enter an intersection on a red light. Do you want to be the person in that intersection on the green light when you knew the big truck would run the light and maybe smash into you?
If you want to prove a point and be right, and spend the time and energy, $75 seems like not a bad fee. A June hearing is fast by any standard. But you've already refused to pay April rent because you think they owe you. That's also Not 'legal', but you can take that position and see what happens
It's interesting how much you asked for advice and then argued with those who gave it as if you already knew the answers.
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I asked for advice on how to proceed, either by the RTDRS or by small claims court. PepsiFree decided that I must be hiding something.
*Sigh*
I'll do a timeline, since there are several misconceptions:
Mid February:
City Bylaw Officer asks to inspect suite. Landlord has no permit of any kind to or zoning bylaw to turn the home into a rooming house. In other words, she is renting the rooms illegally. She is told that she must apply for a zoning permit immediately, or risk considerable fines.
March 2:
Landlord informs me I have to leave within 30 days since she will be moving into the suite and ending all rental agreements. I inform her under law, we have to be given 90 days notice in writing. She says her father haws one room to rent out.
March 8;
I visit fathers home, and take a look at the room for rent in basement. It is smaller, only one bed, no dresser or table, and kitchen is in bad shape. I tell the landlords father I am interested, but will confirm it. I go back to the house and ask if I can bring the dresser along. The landlord informs me I have to pay $50.00 for the dresser. I ask roommate just out of curiosity if he would pay $50 for the dresser and show him the dresser he wants to sell me. The roommate is upset, as he lent it to the room for the occupant, as he did not have enough room in his room to store it. I decide not to rent his room, as there are certainly ethical questions about selling a piece of furniture that you do not own.
March 15;
For the second time in a week, the landlord asks me when I am going to move to her fathers place, even though I have paid for March rent at the beginning of the month. i inform her that I am not going to be renting from him, as I told him this on the phone a week earlier, and he should find another tenant to rent to.
March 16:
Landlord texts me and asks "when are you moving out?"
March 17:
landlord again texts me and asks when I am moving out? I inform her that myself, and the two remaining roommates are all aware that the law requires 90 days written notice. I suggest we ahve a house meeting to voice our concerns. She refuses.
March 19:
I make contact with the RTDES. They inform me that a fair suggestion would be to ask for one months rent and damage deposit, as the landlord hs already in trouble with the City of Calgary for running an illegal rooming house. They reiterate I have 90 days to move out after written notice is given.
March 24 (AM):
Landlord informs me that she does not ahve to give 90 days notice. Provides this link:
http://realestate.findlaw.com/landlo...d-a-fixed.html
I inform her that that is an American legal site and it has no jurisdiction over Alberta. I urge her to phone 780-644-3000 or go to the Government of Alberta website, and urge her to phone in for clarity. She refuses:
https://www.servicealberta.ca/landlo...t-disputes.cfm
March 24 (PM):
Come home to a notice on my room and my roommates rooms that states we must vacate the property as of March 31, and we will not be allowed back.
March 26:
Landlord changes roommates locks, informing him he is no longer welcome on the property. Roommate informs landlord that if lock is not changed immediately, he will phone the Police. Landlord backs down and immediately puts back old lock on door.
March 27:
Roommate decides stress is not worth it, and leaves, and the main floor is vacant.
March 28;
Get a text from roommate at 11 AM. I am informed that major construction is happening at our home. Roommate tries in vain to stop it from happening. When I arrive home, the landlord and the workers who were in the house had demolished two rooms, and carried away the debris. Home looks completely different. We were never given any kind of notice major construction was going to be taking place. There is dust everywhere.
March 29: Come home to find notice on door that states if I want to stay in April, she will be charging $200/week in rent. I begin to look on kijiji for suites and decide its not worth it to stay, as my lock could be changed, or I can come home and the upstairs rooms could be demolished with my belongings damaged.
March 31:
Inform landlord that due to numerous breaches of the law (health act, Residential Tenancies Act, etc). I am moving out. I clean up and mop floor, take photos, and leave it in perfect condition. She refuses to return my damage deposit.
April 1:
Landlord says I owe her rent for April
April 2:
Landlord says I can have deposit back if the room is clean, but changes her mind later.