eviction based on "personal feelings"

velvetkytten · April 15, 2011, 04:30:42 PM

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 :-\

EmoFox · April 15, 2011, 06:10:46 PM

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.

Zen · April 15, 2011, 09:50:07 PM

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.

Lt ReiStark · April 16, 2011, 12:13:16 AM

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 :(

Gizmo · April 16, 2011, 01:32:55 AM

Quote from: Zen on April 15, 2011, 09:50:07 PM
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

Quote from: velvetkytten on April 15, 2011, 04:30:42 PM
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 ...

velvetkytten · April 16, 2011, 01:42:40 PM

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.

EmoFox · April 16, 2011, 02:59:40 PM

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.

velvetkytten · April 16, 2011, 03:40:02 PM

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.

spuug · April 18, 2011, 04:36:28 AM

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.)

velvetkytten · April 18, 2011, 01:44:39 PM

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

Gizmo · April 18, 2011, 02:27:02 PM

Quote from: velvetkytten on April 18, 2011, 01:44:39 PM
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 ...

EmoFox · April 18, 2011, 02:39:01 PM

The RTO website 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.

velvetkytten · April 18, 2011, 11:05:59 PM

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.

Gizmo · April 18, 2011, 11:09:25 PM

Quote from: velvetkytten on April 18, 2011, 11:05:59 PM
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?

velvetkytten · April 19, 2011, 01:33:45 PM

May 11th