Tenancy Law?

[zenia]

Ok, so I am having huge issues with my current roommate. Or would she be considered my landlord, since I have never dealt with either of the two guys who have owned this house at one point, I pay my rent paid my DD directly to her. According to what I have read, if she is considered my landlord, but we share a kitchen and bathroom (which we do) then the Tenancy Act does not apply to our situation.

If it does not apply, then I am not required to give her 30 days notice of my intent to move out... right?

Close to the beginning of the month, I had finally had enough of her. I started looking for a new place to live. A couple of days later, she asked me to move out. Around the 12th or so, she told me that someone was interested in renting my room for Feb 1st, and if I could be moved out by then. I said no at the time since I hadn't found a new place yet. 3 days later, I did. I let her know... and now all of a sudden, she is freaking out since I am not giving her 30 days notice, but when she asked if I was going to be out by feb 1st, that wasn't 30 days for me either. I brought that up to her (like why is it ok for her to give me less than 30 days, but not for me to give her less than 30 days) and she actually said "I only said it was ok for you to leave if there was someone to replace you!" ... But she didn't continue looking for a roommate, which she could have found EASILY.

Besides the fact that I think the Act does not apply to us, she had written up a roommate agreement that we both signed, which says on one of the lines: "There is no tenancy agreement." and "Less than 30 days notice will result in loss of damage deposit." I am perfectly fine with letting her keep the $200 DD.

I stupidly have this place down as my current address and the place that I should have lined up to move to talked to her and she told them all sorts of untrue things about me so I may not have the new house after all.

She also threatened to have the house owner come down and change the lock on the detached garage (before the end of this month that I have paid for) so that my belongings are not available to me until I give her rent for February (first she said $450, and has since downgraded it to $300, but she wants to keep the DD) whether I am staying there or not... and she has changed the password on the Internet that is supposed to be included with my rent so I can't use it and has said I can't have the password until I give her the money... I am using the only unsecured network near my house to be on the Internet now, and it is very unreliable.

Does anyone know what I can do? Am I right? Is she right? I don't know what to do and this is so frustrating. If she runs my name through the mud with everyone she can think of (and has threatened to) then I will have no where to live. I can't be homeless. T_____T

[Renwaldo]

Given that she is holding your property ransom without any authority or legal justification, making falsified statements to your new potential landlords (which she has no business talking to anyways) about your character, revoking services that you both agreed you would receive as long as you were legally living and paying rent under that address, I suggest you sue the bitch.  :-\

The fees for hiring an attorney will put you back a bit, but I guarantee you it is better than winding up homeless.

[Blue]

And sometimes simply threatening to sue is enough to make someone back the eff down...

[Renwaldo]

No I suggest she follow through with any threats to sue.

[Akonite]

This all comes down to who's name is on the tenancy agreement with the owner. your friend is NOT your landlord. She is 'subletting' space to you, unless you are also on the lease agreement, in which case you are responsable as a tenant. If you have a signed agreement stating that you do not require 30 days notice (but not get your DD back) then thats what the terms are. You cant change a signed agreement just cause she's in a rough spot. If she is short on rent due to you moving out, unfortunately that is her issue as she is the leaser. If she was smart she would have put you on the lease making you dually responsable.

More and legal information can be found here: http://www.rto.gov.bc.ca/content/resolvingIssues/default.aspx

I suggest you have a read. There is also contact information, so you can call someone and explain your situation and get proper advice and answers: http://www.rto.gov.bc.ca/content/contactUs/default.aspx

I hope this helps you. you do have rights.

[zenia]

Yeah, I am not on the lease at all. She put it in writing that we don't have a tenant agreement between us and that she can keep the DD if I give less than 30 days. I think I am in the clear. At least my boss and coworkers think so too.

I just have to meet with my potential new landlord and explain everything and ask for a chance. She knows my former boss well and he will speak up for me.

I am not sure if the garage lock has been changes (I haven't looked), but the night before it was supposedly to happen, I went out there after she had gone to sleep and brought the only boxes that I care about (movies/books/comics) up to my room.

[mediar]

I have had a lot of shitty roommates and I know that:

She also threatened to have the house owner come down and change the lock on the detached garage (before the end of this month that I have paid for) so that my belongings are not available to me until I give her rent for Februar

Is ILLEGAL, she can not withhold you personal items. Call the Po-po and they should give you passage to move your stuff out.

I'd suggest you call the Rental Tendency Board and talk to a person on the phone.

[EmoFox]

I'd sue her for slander among other things. you can ALSO have her cover your legal costs. if you really want to teach her a lesson. She can't do any of what she's threatening you with, it's extortion (fancy word for blackmail) and that's illegal as well. I would tell her that you've talked to a lawyer and if she doesn't follow the contract that she wrote out, then you will seek legal action.

But, apparently i'm vindictive, so.

[Ravenwood]

Filing a lawsuit for defamation of character, while it may be very satisfying, is unlikely to get you much.  It would seem unlikely that she would have any assets that could be paid to you.  There is little gain from that route, though threatening to do so could be used as leverage against her.

Basically, as far as the courts go, they would only go by the agreement that you have with each other as written contract, as well as the Tenancy Act.

She can not touch your property.  Period.  She can not deny you access to your property.  Period.  If she tries to do either, you just call the cops and have them attend.

If she has the lock changed while you are still in legal possession of the living quarters (meaning before your official move out date), then you can call the police.  They may elect to force entry, if the situation warrants.

Having 2-3 people that can vouch for you, and at least one person that can vouch for the other woman that told the lies on you would help a lot.  And tell the new landlord that you are considering suing her for defamation of character.

What are you out:  The damage deposit can be legally claimed in accordance with your rental agreement.  BUT she must either have you sign a form allowing her to keep it, or submit a request to the Tenancy office to apply for a claim against it.  If she fails to do that, then you wait 2 weeks and then you can submit a request for renumeration, which is normally done at a penalty of the leaser having to pay double the damage deposit to you.  That is a court-enforced payment.

Denying services provided as a part of rental is a breach of the agreement.  So denying you internet when it is specifically part of the rental agreement is a breach, which gives you more points in a legal pushing contest.


As a side note, I would bet that she is illegally subletting that place.  In 23 years of renting places, have yet to see a lease agreement that allows someone to sublet.  If you can find out who owns the place, (which is usually easily done with a single call to the City to ask them,) you can get her in serious trouble with her landlord.


Hope that helps.  You can contact me for more help if you want.

[EmoFox]

As a side note, I would bet that she is illegally subletting that place.  In 23 years of renting places, have yet to see a lease agreement that allows someone to sublet.  If you can find out who owns the place, (which is usually easily done with a single call to the City to ask them,) you can get her in serious trouble with her landlord.

Except it's against the RTA for a landlord to disallow subletting.

http://www.rto.gov.bc.ca/content/rightsResponsibilities/assignment.aspxIf a request is made by the original tenant, the landlord's consent cannot be unreasonably or arbitrarily withheld if the tenancy agreement is for a fixed period of 6 months or more.

[Gizmo]

As a side note, I would bet that she is illegally subletting that place.  In 23 years of renting places, have yet to see a lease agreement that allows someone to sublet.  If you can find out who owns the place, (which is usually easily done with a single call to the City to ask them,) you can get her in serious trouble with her landlord.

Except it's against the RTA for a landlord to disallow subletting.

http://www.rto.gov.bc.ca/content/rightsResponsibilities/assignment.aspxIf a request is made by the original tenant, the landlord's consent cannot be unreasonably or arbitrarily withheld if the tenancy agreement is for a fixed period of 6 months or more.

Unless it states specifically that subletting is allowed, typically any standard lease agreement provides for the provision of subletting is NOT allowed.

Given that she is holding your property ransom without any authority or legal justification, making falsified statements to your new potential landlords (which she has no business talking to anyways) about your character, revoking services that you both agreed you would receive as long as you were legally living and paying rent under that address, I suggest you sue the bitch.  :-\

The fees for hiring an attorney will put you back a bit, but I guarantee you it is better than winding up homeless.

Suing for tenancy issues is restricted ONLY to the Residential Tenancy Office. In a lot of cases, the police will not interfere with a civil matter and MUST be dealt with thru that office and an arbitrators decision is deemed final (usually).

Filing a lawsuit for defamation of character, while it may be very satisfying, is unlikely to get you much.  It would seem unlikely that she would have any assets that could be paid to you.  There is little gain from that route, though threatening to do so could be used as leverage against her.

Basically, as far as the courts go, they would only go by the agreement that you have with each other as written contract, as well as the Tenancy Act.

She can not touch your property.  Period.  She can not deny you access to your property.  Period.  If she tries to do either, you just call the cops and have them attend.

If she has the lock changed while you are still in legal possession of the living quarters (meaning before your official move out date), then you can call the police.  They may elect to force entry, if the situation warrants.

Having 2-3 people that can vouch for you, and at least one person that can vouch for the other woman that told the lies on you would help a lot.  And tell the new landlord that you are considering suing her for defamation of character.

What are you out:  The damage deposit can be legally claimed in accordance with your rental agreement.  BUT she must either have you sign a form allowing her to keep it, or submit a request to the Tenancy office to apply for a claim against it.  If she fails to do that, then you wait 2 weeks and then you can submit a request for renumeration, which is normally done at a penalty of the leaser having to pay double the damage deposit to you.  That is a court-enforced payment.

Denying services provided as a part of rental is a breach of the agreement.  So denying you internet when it is specifically part of the rental agreement is a breach, which gives you more points in a legal pushing contest.


As a side note, I would bet that she is illegally subletting that place.  In 23 years of renting places, have yet to see a lease agreement that allows someone to sublet.  If you can find out who owns the place, (which is usually easily done with a single call to the City to ask them,) you can get her in serious trouble with her landlord.


Hope that helps.  You can contact me for more help if you want.

As a building manager of over 10 years experience, I can say that for the most part, what Ravenwood says is correct. The only thing I would add would be - GET IT IN WRITING. An arbitrator will take documents scenarios rather than hearsay. If you can have your situation witnessed, even better. Be honest. Don't try to take her for anything. It might be difficult to get much out of the withdrawl of services since there is not agreement for such. If there IS an agreement (in writing) that you get certain services, then you have a case. Check your documents.
Contact me as well, if you want more help ...

Filing a lawsuit for defamation of character, while it may be very satisfying, is unlikely to get you much.  It would seem unlikely that she would have any assets that could be paid to you.  There is little gain from that route, though threatening to do so could be used as leverage against her.

Basically, as far as the courts go, they would only go by the agreement that you have with each other as written contract, as well as the Tenancy Act.

She can not touch your property.  Period.  She can not deny you access to your property.  Period.  If she tries to do either, you just call the cops and have them attend.

If she has the lock changed while you are still in legal possession of the living quarters (meaning before your official move out date), then you can call the police.  They may elect to force entry, if the situation warrants.

Having 2-3 people that can vouch for you, and at least one person that can vouch for the other woman that told the lies on you would help a lot.  And tell the new landlord that you are considering suing her for defamation of character.

What are you out:  The damage deposit can be legally claimed in accordance with your rental agreement.  BUT she must either have you sign a form allowing her to keep it, or submit a request to the Tenancy office to apply for a claim against it.  If she fails to do that, then you wait 2 weeks and then you can submit a request for renumeration, which is normally done at a penalty of the leaser having to pay double the damage deposit to you.  That is a court-enforced payment.

Denying services provided as a part of rental is a breach of the agreement.  So denying you internet when it is specifically part of the rental agreement is a breach, which gives you more points in a legal pushing contest.


As a side note, I would bet that she is illegally subletting that place.  In 23 years of renting places, have yet to see a lease agreement that allows someone to sublet.  If you can find out who owns the place, (which is usually easily done with a single call to the City to ask them,) you can get her in serious trouble with her landlord.


Hope that helps.  You can contact me for more help if you want.

Suing for defamation of any type, you would have to prove that you have been emotionally or financially hurt by the actions of your roommate. In most cases, proof can be difficult.

And sometimes simply threatening to sue is enough to make someone back the eff down...

I find that idle threats don't work ... if you threaten, make sure you can back it up.

[MOD]Please do not post back to back to back :police:[/MOD]

[zenia]

Thanks for the help guys. I ended up giving in. >__< I asked my grandma to lend me the money until I can pay her back with my tax refund.

I was this close *holds fingers less than the width of a hair apart* from not getting the new place. I met with the new landlord at lunch and after a long talk she decided to give me a chance. Two catches are rehoming my pet rats and paying the current roommate the money she wants (the two know each other and the new landlord used to employ the current roommate).

[mediar]

Good luck!