Major Problems with Landlord

[PepsiFree]

Originally Posted by ToewsFan

I already provided you with the link, and discussed this with 311 and the Dispute Resolution Service. They informed me, in no uncertain terms, that the landlord cannot enter the property, unless the landlord gives the tenants 24 hour written notice, and it has to be a valid reason to be entering the suite (i.e. collection of rent on first of month, or doing repairs, etc.). It even says so in the link I provided to you. Do you just like to argue for the sake or arguing?

I'm just asking for advice on how to proceed, and thank you Photon and Corsi for the legitimate and helpful advice.

I don't have a lot of confidence you understand what you're reading, and therefore have low confidence you're communicating the situation accurately, so I'm just asking questions you should consider if you'll be in front of a judge, and questions you should be prepared for your landlord to have different answers to.

Rooming house? not rooming house?
Fixed term? periodic term? It was Jan-Feb, but then it was month-to-month, but then you were given notice to leave right after the initial term... so when was month to month decided?

It's just super convenient that you were told to leave right after the initial Jan-Feb term, "harassed" by text asking when you were going to be out, and told you both owed money and wouldn't get your security deposit back for no reason at all. It sounds an awful lot like there's more to the story.

EDIT: Plus, you were given notice to evict, but you were given the option to stay week-to-week? Which was it?

And the answer to the second question is sometimes yes.

[ToewsFan]

Sorry, PepsiFree.

You have been no help at all.

[Kjesse]

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.

[Kjesse]

So I just (very quickly) scanned the Resdiential Tenancies Act and also the Inkeepers' Act, and made a few quick queries over CanLii (a free case research service, you can use it too).

I'm not giving advice, but if you've been there in a room for only a few months the RTA might not even apply. That's rare if they took a damage deposit and made it look like a tenancy but I think in this case you may not have some of the legal rights provided by the RTA, RTDRS might not even have jurisdiction. They likely do but arguments exist that go against that, depending on the nature of the agreement and a few other things.

I'd move out, pay the $75 and hope for my $500 damage deposit back and perhaps a bit more. I think you do have a tenancy but there are some factors that are arguable. Staying and not paying rent probably is not the kind of self-help that will get you far however. Even if the landlords are awful.

[ToewsFan]

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.

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.

[Peanut]

You only have to be designated as a lodging house if there are 4+ tenants. So as soon as she had it down to you and two others, the City has no ground to be inspecting or requiring her to register the business as a lodging home.

So. The whole story is a bit weird from that standpoint alone.

[ToewsFan]

Originally Posted by Delgar

So I just (very quickly) scanned the Resdiential Tenancies Act and also the Inkeepers' Act, and made a few quick queries over CanLii (a free case research service, you can use it too).

I'm not giving advice, but if you've been there in a room for only a few months the RTA might not even apply. That's rare if they took a damage deposit and made it look like a tenancy but I think in this case you may not have some of the legal rights provided by the RTA, RTDRS might not even have jurisdiction. They likely do but arguments exist that go against that, depending on the nature of the agreement and a few other things.

I'd move out, pay the $75 and hope for my $500 damage deposit back and perhaps a bit more. I think you do have a tenancy but there are some factors that are arguable. Staying and not paying rent probably is not the kind of self-help that will get you far however. Even if the landlords are awful.

The Inkeepers act only applies if the landlord is living in the same home as the renant. Otherwise, tenants are covered by the Residential Tenancies Act, and have just as much right as an apartment dweller, as long as the landlord does not live in the same premises.

"Who is a tenant?
Tenants rent the place where they live. The RTA
applies to most residential tenants who live in one of
the following:
• a house, apartment, duplex or mobile home
• a hotel or motel room if rented for more than six
consecutive months
• a rooming or boarding house (in most cases)."


http://www.qp.alberta.ca/documents/Acts/R17P1.pdf

http://www.servicealberta.gov.ab.ca/...or_tenants.pdf

I never said anything about staying and not paying. Who would do such a thing?

[Kjesse]

Originally Posted by ToewsFan

o return my damage deposit, and after a whole month of trying to get myself and the other tenants to leave by the 31 of March, informed me that I owe her April rent, which IMO is ridiculous.

That's where I got you weren't paying rent.

And thanks for the free advice! However the list of facts you've posted (I.E. father's suite) might suggest you have to dig a little deeper. And I'm not really sure. You seem to be however.

I'm not disagreeing with the basic proposition that you're being treated unfairly. I'm suggesting solving the problem might not be worthwhile or as certain as you seem to think... see pylon's posts.

EDIT: OK I see you did move out from your list just posted. I took your prior post that you were trying to stay.

I'd spend the $75 and see where things go. I wouldn't hire a lawyer. I'd ask for the deposits back, perhaps some rent abatement (iffy), and perhaps moving expenses (very iffy and small if its a room).

If I didn't want to spend a day or two putting materials together and going to a hearing, I'd consider letting the thing go although the principle of a landlord keeping a deposit probably would cause me to proceed. Also been there done that long time ago, but I let it go way back when as a poor student. I think I agreed to let him clean the carpets for $100 and I got $150 back.

[ToewsFan]

Originally Posted by Delgar

That's where I got you weren't paying rent.

And thanks for the free advice!

No problem.

I moved out on March 31. The landlord kept texting me that I had to leave, and delivered an eviction notice on March 24. At the time I had intended to stay and just pay rent for April. I changed my mind when they illegally entered my roommates suite and changed the lock, and knocked down two rooms without our consent. I'm pretty certain you need the City of Calgary's permission to do so as well. At any rate I found out the landlords are being investigated by the City of Calgary, for violation of numerous legal issues, after speaking with a bylaw officer, so I decided the smartest thing would be to move to a safe place, and hope for the best at the hearing in a couple of months.

[PepsiFree]

Originally Posted by ToewsFan

No problem.

I moved out on March 31. The landlord kept texting me that I had to leave, and delivered an eviction notice on March 24. At the time I had intended to stay and just pay rent for April. I changed my mind when they illegally entered my roommates suite and changed the lock, and knocked down two rooms without our consent. I'm pretty certain you need the City of Calgary's permission to do so as well. At any rate I found out the landlords are being investigated by the City of Calgary, for violation of numerous legal issues, after speaking with a bylaw officer, so I decided the smartest thing would be to move to a safe place, and hope for the best at the hearing in a couple of months.

Out of curiosity, what day did you pay for March? And did you ever tell your landlord you'd be staying and doing weekly payments in April? (or had you just decided that and not told anyone)?

[ToewsFan]

Originally Posted by Peanut

You only have to be designated as a lodging house if there are 4+ tenants. So as soon as she had it down to you and two others, the City has no ground to be inspecting or requiring her to register the business as a lodging home.

So. The whole story is a bit weird from that standpoint alone.

There were 6 people occupying the suite when the City Bylaw Officer came to inspect the suite, and 7 when I moved in the house in January. There was a 4th renter downstairs in his 50s but he just decided not to bother, and move out as told, so until the 28th there were still four tenants. Besides you cannot use intimidation and harassment to get people to move. Some of the international students immediately moved out.

Brazenly illegal acts the landlords have committed:

-not having a permit and renting illegal suites
-knocking down two rooms on the main floor while tenants are still living in home
-entering someone's room illegally and changing their locks without any kind of legal notice (found out roommate was $200 behind in rent, but that is irrelevant if you don't give 14 days notice, then obtain an eviction notice from the RTDRS)

BTW, I've heard there were up to 8 people staying at the residence through my roommate for most of 2016. The neighbors apparently have been complaining for some time, as the amount of vehicles, garbage, etc. was causing resentment in the neighborhood.

[WhiteTiger]

Hm, you seem pretty sure about all your everythings, and don't need anything from this site. Proceed as you will...but keep us updated. We may be curious as to the resolution.

[ToewsFan]

Originally Posted by WhiteTiger

Hm, you seem pretty sure about all your everythings, and don't need anything from this site. Proceed as you will...but keep us updated. We may be curious as to the resolution.

As I said before, I wanted to see how to proceed. That is all. I did not expect PepsiFree to dissect my story, and insinuate that I am being less than truthful. However, I will keep you posted, including what transpires at the hearing of the RTDES sometime in June.

[calgaryblood]

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.

The landlord can not enter the home without notice and can be charged with trespassing.

Technically they can "enter" without notice in the same way I can technically "murder"' someone. The law says you can't enter your rental property without notice.

[PepsiFree]

Originally Posted by ToewsFan

As I said before, I wanted to see how to proceed. That is all. I did not expect PepsiFree to dissect my story, and insinuate that I am being less than truthful. However, I will keep you posted, including what transpires at the hearing of the RTDES sometime in June.

Im not saying you're lying, I'm saying there are details that are unclear, some that very much depend on clarity when it comes to you getting the money you think you're owed.

Don't ask for "any input" if you don't want people asking questions in order to give you better input.

[Jason14h]

I'm curious what magical answer you are hoping for. You have gotten lots of advice and options and just argue them.

I'm starting to be on your landlords side! You seem like a pain in the rear!

[afc wimbledon]

The advice I tend to give my ex foster kids about lousy landlords is move out and then go to the Residential tenancy board (here in BC), they tend to rule in favour of the tenants most times, not that its easy to get money out of bad landlords even if you do win.

[calgarywinning]

Toewsfan, you come on a board and ask for advice.

PepsiFree starts asking some hard detailed fact questions and your story falls apart. You aren't going to do well in the real world, when real people, like judges try to get the facts.

He has nothing to gain by helping you.

Based on what I have heard, you should count your blessings to be out of here and to move on and get on with living in a better rental. Fight another battle, like choosing another property.

[ToewsFan]

ok then...

[calgarywinning]

Originally Posted by ToewsFan

How does my story fall apart? lol.

Because you are dismissive and don't answer the questions asked of you. At this point, I think you are some kind of super troll.

Like your other thread guessing the oilers will win in 6.