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Old 09-14-2019, 07:47 PM   #43
Oling_Roachinen
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So Condo aside, a landlord can give a tenant a notice of eviction for substantial breach as long as the notice is at least 14 days prior to the eviction date. Assuming that was done properly, then the recourse the tenant has is to file a notice of objection prior to the eviction date. If they object, as it appears to have been done so in this case, then it falls back to the landlord to apply to the Provincial Court of Residential Tenancy Dispute Resolution Service to terminate the tenancy. So I would not rely on him filing a RTDRS application.

Quote:
(4) A notice to terminate under this section is ineffective if, before
the termination date given in the notice, the tenant
(a) pays all rent due as of the date of payment, if the alleged
breach is a failure to pay rent, or
(b) serves the landlord with a notice in writing objecting to the
termination that sets out the tenant’s reasons for objecting, if
the alleged breach is other than a failure to pay rent.
There's a couple things to note, first that the notices of eviction were done properly, I'm not sure how strict they are with email with conditions. If the email received does constitute a notice of objection then the tenant is effectively done his part and the notice of eviction is invalid. The onus again falls on your father to go to the courts or file an application with the RTDRS if he still intends to evict him on September 30, 2019. And at that point I would make sure all the ducks are in a row including written notices of eviction, written notices of bylaws being broken, written complaints etc.

Quote:
Required notices must be delivered in person or by registered mail. Tenants should use the mailing address provided in the “notice of landlord.” Landlords should use the mailing address of the residential rental premises.

If the tenant is absent from the rental premises and/or evading service, the landlord may:

give the notice to an adult who appears to live with the tenant, or
post the notice in plain sight on the residential rental premises
If a landlord or tenant cannot serve a notice to vacate as indicated above, the notice may be sent through electronic means, as long as it results in a printed copy of the notice.

Now, the Condo corporation can also evict but they would follow the Condominium Property Act which requires:

Quote:
Notice to give up possession
54(1) The corporation may give a tenant renting a unit a notice to
give up possession of that unit if any person in possession of the
unit
(a) causes damage, other than normal wear and tear, to the
real or personal property of the corporation or to the
common property, or
(b) contravenes a bylaw.
(2) When the corporation gives a tenant a notice under subsection
(1),
(a) the tenant shall give up possession of the unit, and
(b) notwithstanding the Residential Tenancies Act or anything
contained in the tenancy agreement between the tenant
and the tenant’s landlord, the tenancy agreement
terminates,
on the last day of the month immediately following the month in
which the notice is served on the tenant.
(3) A notice given under subsection (1) shall be served on the
tenant and the tenant’s landlord.
So following that the tenant has broken bylaws, assuming that the corporation hasn't given a notice to terminate tenancy yet, the earliest they could evict the tenant now is October 31, 2019 through this method.
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