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Expert Opinion on landlord-tenant disputes is provided by William.
F. (Rick) Watson, a practicing Arbitrator, Industry Consultant and
CyberSpaceCourt Judge. Rick’s website is www.williamfwatson.com
Rick is the author of 'Landlording 101' which is an easy to read
guide to the application of the Residential Tenancy Act of BC. This
$35 guide is recommended for landlords and tenants alike because
it is written by someone who has actually judged these cases and
shows how the rules are really applied. 'Landlording 101' can be
purchased on-line as an 'E-book' by contacting the webmaster or
by contacting Rick directly. To pose a question, file a case in
CyberSpaceCourt, buy the publication, arrange for Rick to speak
at your next event, or to join the mailing list for Rick's newsletter,
e-mail williamfwatson@dccnet.com
or cyberspacecourt@dccnet.com
Rick is the first in his field to provide and broadcast
real time on-line binding arbitration hearings, pay-per-view, on-line
consulting, netmeetings, and educational Teleseminars. In addition
to landlord-tenant disputes Rick arbitrates small claims actions
and civil disputes, labor grievances, wrongful dismissal and workplace
issues.
Q:
I have lost my job and have no means of paying a full months rent. because I lost my job in the middle of the month I was unable to give notice for the end of the month so I have given my landlord notice for the 15th being willing to pay half a months rent.I moved in in the middle of a month and yet my landlord is still saying that if he finds someone to rent for the 1st of the month I will have to move then. I cannot move on the 1st. what do I do and what are my rights.
A:
As a tenant you are protected by the Residential Tenancy Act of British Columbia. Your landlord can't simply put you out of your rental premises when he likes - he has to go through the hoops like everyone else. As a tenant you are obliged to pay the rent on time and in full. If you don't pay the rent as required, your landlord can move against you for eviction by serving you with an RTO Form 3 - Notice to End a Tenancy. This form identifies the reason for seeking an end to the tenancy and the details. The form will set out exactly what the landlord is alleging; what is owed, what the end date of the tenancy is to be, how you can respond to the notice, etc. You'll have 5 days to pay the rent and make the notice void, or you can also challenge the notice in arbitration. If you do neither you are deemed under the Act to accept the end of the tenancy on the date set out in the notice (bottom left hand corner on page 1).
If you are giving your landlord notice that you're ending the tenancy, you must provide the landlord with at least one full calendar month's notice in a month-to-month situation. So, the idea that you have to leave on the 15th of the month because you don't have the money for the rest of the month has no basis in the Act.
My advice? Try working things out with your landlord first and arrange financing to preserve your home. If you and your landlord are going to argue about what happens when you need to know what rules are in play - which means you and your landlord need to get a copy of the rules and read them. An electronic copy of the Act is found at http://www.qp.gov.bc.ca/statreg/stat/R/02078_01.htm
