So I have received a evict notice for... I shit you not "having personal feelings towards management".
I've already gone to the tenancy board and filed for dispute but I'm wanting to know if anyone has had this happen and what should I expect.
It's going to be a conference call and I'm planing to have someone else represent me because the risk to my health over the stress of this whole thing.
I have not done anything illegal. have lived on site for 4 years with only one late fee for half months rent being late in the first year I lived here. I do not damage the property or anyone's health.
I've always complied with the office when given ANY written notice ie spraying for bugs or turning music down
I do not like the management but I'm told that isn't illegal.
any ideas ?
there has been history of verbal altercations in the PAST but since I have been told by my doctor to avoid these people I haven't had any contact with them in over four months.
I think it's because I'm a medical pot user but they also can't evict me for that. I have all my papers in order.
so.. has anyone had this happen ? any suggestions for me? anyone know the law super well on stuff like this ?
please help :-\
I've never had that happen, but I'm more familiar with the RTA than most landlords. And they can't evict you for that. Is that what it says on the eviction notice? Is it a ten day notice, one month, two? Take it to dispute resolution, as you've said you've done, and just follow up with it ALL THE TIME.
Though you might want to find a new apartment anyway, if they're pulling stupid shit like that.
Get a good lawyer, landlords are the new mobsters these days. They do all sorts of stupid shit and get away with it. They can't evict you without threats or another solid reason. "Feelings" will not stand up in court.
Also, you may wish to work on moving. If they do manage to evict you, sue for damages in small claims court.
yeah the only way they can evict you is if they themselves can not keep the property, they give you a notice telling you they will be selling the property in X months, you break the law or agreement, you are a hazzard to the owners. so they are allowed evict you for having a fire hazzard that you wont clean up or if you have a F*** ton of crack under your bed they can evict you, but you could tell them you think they are "horse scat headed, face puss sucking, rotten innard rolling, jelly brained sludge recepticals" without problems.
but no matter what happens make sure you tighen up around because they can always switch to some BS story like "I saw them moving drugs" or "They were blasting offending music at late hours" even though thats not true... my sister has had to put up with this since she was my age :(
: Zen April 15, 2011, 09:50:07 -06:00
Get a good lawyer, landlords are the new mobsters these days. They do all sorts of stupid shit and get away with it. They can't evict you without threats or another solid reason. "Feelings" will not stand up in court.
Also, you may wish to work on moving. If they do manage to evict you, sue for damages in small claims court.
Any lawyer will NOT touch a civil matter ... it is a matter between landlord and tenant ... and now RTB
: velvetkytten April 15, 2011, 04:30:42 -06:00
So I have received a evict notice for... I shit you not "having personal feelings towards management".
I've already gone to the tenancy board and filed for dispute but I'm wanting to know if anyone has had this happen and what should I expect.
It's going to be a conference call and I'm planing to have someone else represent me because the risk to my health over the stress of this whole thing.
I have not done anything illegal. have lived on site for 4 years with only one late fee for half months rent being late in the first year I lived here. I do not damage the property or anyone's health.
I've always complied with the office when given ANY written notice ie spraying for bugs or turning music down
I do not like the management but I'm told that isn't illegal.
any ideas ?
there has been history of verbal altercations in the PAST but since I have been told by my doctor to avoid these people I haven't had any contact with them in over four months.
I think it's because I'm a medical pot user but they also can't evict me for that. I have all my papers in order.
so.. has anyone had this happen ? any suggestions for me? anyone know the law super well on stuff like this ?
please help :-\
As a current building manager, I would be VERY curious as to what your notice actually said. Assuming it is a 30 day notice (they can only issue a 10 day notice for non payment of rent and I assume you have paid your rent).
I would be curious about the reason. I have only ever had one tenant a few years back that had all her documentation put together (as you say you do) to verify that you can legally possess small amounts. What might be more of the issue is of you smoking it in your suite. If your manager has enough tenants stating that it is making it impossible for them to have peaceful enjoyment of their home because of the odours caused by your smoking, this 'might' be an issue. Not having all the info in front of me to help that much, these assumptions are only that - assumptions. I have a few tenants in my building now that smoke. It has always been to my advantage to talk with them and WORK with them to eliminate any potential problems the odour might cause. I discuss masking the odours, placing a towel under the door to prevent the odours from escaping the suite and into the common hallway areas, smoking it on the balconies, or best solution - whenever possible, go for a walk.
I also recommend that if your health will allow it, to actually be present on the phone when the conference call is made. There will be questions asked from the arbitrator regarding your situation that only you can answer. I have been thru this process many times. I understand your stress over the matter. All I can tell you is that the arbitrator is just a person. Typically, an arbitrator will side with a tenant (with all things considered equal). If the blame is shared equally, he / she will side with the tenant. No government official wants to be known for putting a citizen on the street. Arbitrators are not big, scary people. They are just people looking for a fair and equatable solution to a problem.
I wish I could help more, but without the particulars, its difficult. Let me know if I can help further ...
Gizmo ...
the notice literally says "because of having personal feelings towards the management".
no joke no lie.
I have the legal right to smoke in my suite because this is a smoking building and I have my medical license for the green. And if they want to say I'm endangering others with it, I'm endangering myself if I do NOT take my medication. I have only ONCE received a notice about the smell and it was 100 % bogus. The date of the "smell" no one was even home. And that was AGES ago. We have weather stripped our door. NO smell gets out in to the hall.
As to doing the call myself, the only reasons I will not represent myself is because the management will be on that call and they act like it is their personal goal to set me off and hurt me and the fact that my doctors highly suggest I have no contact with them for health reasons.
I am also not the only tenant who has received eviction notices.
I know they are trying to evict me because they hate me. I have told them I know my rights and I only every get pissy when I have to wait over a YEAR to get my kitchen roof fixed... it fell in....
they do not like that I DEMAND them to do REPAIRS in a decent amount of time with PROFESSIONALISM.
I have caught my land land on FILM screaming at me, swearing at me, flipping me off telling me to get off my ass and get a real job.
this Woman has a personal vendetta against me because I have proof of her unprofessional treatment of disabled tenants.
it is a 30 day notice. I'm to vacate on the 31st of may. Not going to happen. there is NO LEGAL reason they can evict me. I have paid my rent on time for four years, complied with ALL notices.
Even if you're not actually talking in the call, make sure you're listening in so that you know what's going on exactly and can forward answers to any questions to your representative. I assume the building is managed by a resident manager who works for a company that owns the building? It might be worth it to bring this up with the head office as well.
The notice is signed by the head office which is Wall Financial. We have tried to inform them on many occasions how unprofessional and abusive their management is. They refuse to believe us and state that we are lying.
Their case is baseless.
I think you hit the nail on the head when you say they want to evict you because they hate you, for demanding that they uphold their responsibility for properly maintaining the building. But because that isn't a valid reason for evicting a tenant, they are trying to intimidate you (and the others) with groundless eviction notices.
(I lived at the same apartment complex for 2.5 years, until last year, so I know first hand how things are there.)
I tried calling the tenancy board to ask these questions but it was a 32 minute wait which I can't afford on my cell. does any one know the answers to these questions
Question 1: When giving evidence to RTB what is the best way ?
2: do I get to see what evidence the landlord sends in
3: if I do get to see said evidence, how do I get a hold of it.
??? :-X
: velvetkytten April 18, 2011, 01:44:39 -06:00
I tried calling the tenancy board to ask these questions but it was a 32 minute wait which I can't afford on my cell. does any one know the answers to these questions
Question 1: When giving evidence to RTB what is the best way ?
2: do I get to see what evidence the landlord sends in
3: if I do get to see said evidence, how do I get a hold of it.
??? :-X
To the best of my knowledge ...
1) Both parties must submit evidence to each other via registered mail (I think its like 14 days prior to the hearing date). You must submit proof of service via fax - to the arbitrator.
2) The landlord must also follow this procedure. If either of you fail to provide proof of service, the evidence is considered 'not received' and cannot be allowed - unless the hearing is suspended to a further date that both parties agree to.
3) SEE #1
Hope that helps ...
giz ...
The RTO website (http://"http://www.rto.gov.bc.ca/content/resolvingIssues/default.aspx#214") should have the answers to all those questions. Your application for dispute resolution needs to be accepted before anything else happens, and then they send you further instructions on how to proceed and a service package or something.
The website knows all.
thanks for all your help everyone ! I'm feeling a bit more confident about all this now. I still have no idea what they are actually accusing me of but since they HAVE to give ME copies as well as the worker I will hopefully know. But I still wish to get a advocate but Trac never called me back today. I guess I'll try them tomorrow.
: velvetkytten April 18, 2011, 11:05:59 -06:00
thanks for all your help everyone ! I'm feeling a bit more confident about all this now. I still have no idea what they are actually accusing me of but since they HAVE to give ME copies as well as the worker I will hopefully know. But I still wish to get a advocate but Trac never called me back today. I guess I'll try them tomorrow.
when is the hearing?
May 11th
: velvetkytten April 19, 2011, 01:33:45 -06:00
May 11th
If you wanted to ... we could get together before hand ... give you some support ..
YES PLEASE. I am still very stressed out.
: velvetkytten April 19, 2011, 04:43:51 -06:00
YES PLEASE. I am still very stressed out.
Lemme know when you have time ...
the conference call was today and it was very well for me. I spent more time listening to the lady from wall financial piss of the rtb officer.... through the entire thing. She even said that it didn't look good for them. Yeah... interrupting the person who gets to say ya or nay... not really a good idea. And...continuously contradicting yourself to her adds to the bad idea. so far I have simply been told to take the video of my landlady shaking her ass down... and to change a private facebook group I made for standards of maintenance needed in surrey.
I find out in a few days who won but I'm very confidant to say I most likely won.
mostly based on facts. One: no evidence to support their case based on the very fact that they NEVER gave me warning on anything. Which you are supposed to do in cases like this.so the person can correct the behavior or actions.
I'm still shaking my head that they really thought they could get away with this.
I just want them to be PROFESSIONAL. And treat me the way they do their friends who live in the complex.
I caught em with their pants down and then THEY showed the rtb officer who they really are.
I am concerned that they will try to have the case done over again but... lol I dont think that will work. :birdy:
: velvetkytten May 11, 2011, 08:05:50 -06:00
the conference call was today and it was very well for me. I spent more time listening to the lady from wall financial piss of the rtb officer.... through the entire thing. She even said that it didn't look good for them. Yeah... interrupting the person who gets to say ya or nay... not really a good idea. And...continuously contradicting yourself to her adds to the bad idea. so far I have simply been told to take the video of my landlady shaking her ass down... and to change a private facebook group I made for standards of maintenance needed in surrey.
I find out in a few days who won but I'm very confidant to say I most likely won.
mostly based on facts. One: no evidence to support their case based on the very fact that they NEVER gave me warning on anything. Which you are supposed to do in cases like this.so the person can correct the behavior or actions.
I'm still shaking my head that they really thought they could get away with this.
I just want them to be PROFESSIONAL. And treat me the way they do their friends who live in the complex.
I caught em with their pants down and then THEY showed the rtb officer who they really are.
I am concerned that they will try to have the case done over again but... lol I dont think that will work. :birdy:
I'm glad you at least listened in. As mentioned before, Arbitrators are just people and rely on facts. Some Building Managers feel that a tenant won't show up anyway so take them to arbitration and we will win by default. I am glad you stuck to your principles.
As far as feeling you did well ... I can tell you that I can typically tell by the end of the conference call - which direction an arbitrator is leaning. Having said that, I think your 'feelings' are a good thing and that most likely, this case will go mostly your way.
Congratulations! Let us know the official ruling!
Giz ...
What gizmo said, :b
let us know what happens
so I finally remembered to write here. lol I won. The conference call with my advocate went very well for us. we mostly listened to the landlord and their boss fight with the rtb officer ... almost 2 hours... yeah. they lied under oath repeatedly and a were told repeatedly that they were to stick to the facts pertaining ME. not Acorn or my room mate. at one point the rtb officer was so pissed with my landlord that she said with a rude tone " If i pick you,IF, you will have possession of the suite in June. But I does NOT look good for you LANDLORD"
she made her dission later and i received it during this last week. I won. The landlord failed to provide ANY evidence proving any of their claims.
I am flustered that I got so upset. Clearly these people (landlord) are fucking nuts and have no professional ability all the way up the chain. And I didn't even have to give anything to prove that. they did that all on their own for me.
:birdy: ;D
Hooray! Success! I'm glad you won, being evicted for some BS like that is dumb.
Did you get a chance to move out still, on your own terms? I highly doubt your "slumlord" of a landlord would be good to live with anymore.
Also, any chance you wish to let us know who they, the building, or the manager is so people know whom to avoid in the future? A bit cruel, considering, but sounds like they are just stupid and there are enough slumlords as it is.
i will b e moving some time in the next few months. the place is in surrey called Maple Place Apartments. Its on 150th.
there are five buildings...blah
: velvetkytten May 21, 2011, 07:31:31 -06:00
so I finally remembered to write here. lol I won. The conference call with my advocate went very well for us. we mostly listened to the landlord and their boss fight with the rtb officer ... almost 2 hours... yeah. they lied under oath repeatedly and a were told repeatedly that they were to stick to the facts pertaining ME. not Acorn or my room mate. at one point the rtb officer was so pissed with my landlord that she said with a rude tone " If i pick you,IF, you will have possession of the suite in June. But I does NOT look good for you LANDLORD"
she made her dission later and i received it during this last week. I won. The landlord failed to provide ANY evidence proving any of their claims.
I am flustered that I got so upset. Clearly these people (landlord) are fucking nuts and have no professional ability all the way up the chain. And I didn't even have to give anything to prove that. they did that all on their own for me.
:birdy: ;D
Congratulations! Its heartwarming to know that sometimes the system does work! As a building manager, I know where my paycheque comes from. However, I have always felt that what is fair is fair. From what you have told us, this ruling seems fair. I hope I was of some help. It really is unfortunate that you feel you have to move. Moving sucks at the best of times! But I understand why. The only advice I can give now is: keep your nose clean. Don't be late with rent, no loud noises etc. You don't wanna give him/her any further reasons to start this all over again. Also, make sure you give 'proper' notice to move when you are ready. (proper notice = a clear 30 day notice - before the 1st of the month you wish to move. eg. wanna move out July 31st - notice must be received no later than 5 pm on June 30th). Document everything and leave the place clean.
Congratulations again!
Giz ...
Now I'm so glad I moved away from there last year!
Oh, and watch out... I bet they'll try to stick you with the $50 arbitration fee.
At least, they did that with me, despite me winning. (I was late with my rent one month.)
if you're looking for a new place, my building probably has some openings. pet friendly, good landlords, near the skytrain, :b and a short walk from all of gizmo's awesome parties!!
Guess what guys. My landlords haven't stopped harassing me since I won my dispute on may 17th. I have received five letters since and now they are trying to sexually discriminate me for a spreader bar in my bedroom and trying to say i'm in breach again because I have bird feeders on my deck.. it never ends. But since fighting and winning... I find all this fucking funny as hell. It has given me something to laugh at and something to do. I now know so much about the law when it comes to renting that I seem to know more then the landlords themselves.
It's so amazing how stupid they are. They are documenting their own harassment of me... this will be a breeze to fight, if it gets that far again.
Wow that's harsh. Sorry to hear about your troubles. Does that mean if I lived there and they saw my leather collar and cuffs used for sexual purposes, they would complain about it? Unless you were doing illegal things, I don't think they have a right to complain. I'm sure there's people in the complex who have riding crops, floggers, whips, and possibly a full blown dungeon in their own bedrooms.
you should be bale to take their harassing letters to the police and have them charged. Might be more effective than simply fighting them off every other month as they continue to do this. May also be cheaper.
What the hell are they doing in your bedroom? Did they come in to inspect the place, give you the requisite notice to do so, or were they just browsing through on their own time? Because if they did, then they're infringing on your rights big-time.
they were replacing a bad light fixture in my bedroom. The metal spreader bar I had installed into the ceiling joists with eye bolts is in there for all to see. It's been there for a long time. They've seen it before and have never said anything about it. But suddenly they are claiming I never had permission to put it up. Which is bullshit. When I moved into this suite 2006 I was told I could install anything i needed to, pictures, shelves.. as long as I understood that if I did not repair any holes that I would be billed. So.. yeah..... verbal agreements are protected by law. I have so much stuff installed in this suite but... I cannot have a spreader bar in my bedroom ??? I can have eye bolts in the walls.. to tie people down.. but spreader bars ? NO... yeah sexual discrimination.
can you tell what this bar is for ?
: velvetkytten June 13, 2011, 07:51:47 -06:00
can you tell what this bar is for ?
Its for a whole lotta fun!!!
If it was just the bar I wouldn't know. But since there are restraints on it, I have an idea. XD
they have seen it with and without the restraints. It has been up for over a year........
That's a plant hanger, right? Totally a plant hanger! </feignignorance>
whatever it's for, i'm guessing it's not "sale" is it? XD I gotta get me one of those.
The panther in that poster is very pleased at what its seeing :thumbs:
That's hott. I'd wanna get tied up to that.
My ex made it and he does in fact SELL them. He currently has a black one at Deadly Couture and a extra silver one.
He can make more but they wont be ready until mid July. The black one is 80.00 and the silver one is 60.00
These are strong enough for suspension play and oddly enough really good to hang clothes on to dry.
They also work well for chin ups.
He also makes leather restraints and collars.
His email addie is lihtan@gmail.com His name is Squish. :)
I already have a set of leather ankle cuffs, wrist cuffs, and collar. All matching. I got mine from a local master who also makes BDSM equipment. Some of his stuff is also sold at Deadly Couture.
PS: I am the "non-creepy" person that randomly messaged you one day. LOLOLOL