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Hi there, Can I use my security deposit as half of the last month rent?...
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Tempting isn't it, but it gets tried unsuccessfully every month by thousands of renters. It seems to go this way: "if I owe the landlord this much for rent, less what I should have coming back from m...MORE...
I lived in an apartment for over a year, and recently moved out. My landlord decided to keep part of my security deposit for "damages" without my consent and without an inspection of the suite. I coul...
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Why so many landlords decide to keep security deposits without consent is truly a marvel. It isn't the landlord's money to keep - it's yours. The security deposit is only an instrument to insure again...MORE...
Subject
ID #- 655
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I am a little confused about the fixed term leases. I have been renting the upstairs suite of a house for 3 years. When I first moved in, the landlord had me sign a one year lease, which I did. Eve...
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When a lease expires yet the tenant stays and pays rent, he is deemed under the Act to have entered into a month-to-month tenancy agreement. Where the lease has a set start and end date, it is meant ...MORE...
Subject
ID #- 658
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I would like to know what rights if any I have to my furniture and personal belongings not moved during the tenancy. Situation is landlord tenant and landlord have dispute - landlord evicts, tenant tr...
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If it is true that you've involved the Residential Tenancy Branch and received Arbitrators' orders, which are legally binding and enforceable, then I'm surprised you haven't gone to them about the lan...MORE...
My tenent is causing multiple problems i.e denying access to our freezer washer and dryer, harrassing me, borrowing money, stealing food etc. etc. She was a charity case and does not pay rent only he...
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One thing is certain - this is going to cost you time, money and resources. It will cause you and your family stress and anxiety. If the rental unit is in a divided house that you also occupy, you'll ...MORE...
I have a fiance who owns his own home, and he rents out a full one bedroom basement suite. I wrote up the rental agreement, and my fiance dictated the rules and regulations of the said agreement. I ...
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You make a good example Roger, even if it's a bad example. You broke rule number 1, for starters; now you're compounding your mistakes. You are in business. You are failing miserably. You are running...MORE...
i am a landlord who rents an apartment with a full kitchen and washer and dryer. my tenant called me to say the dryer wasn't working. i mmediately got my apartment manager over to the apartment and ...
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Your tenant has approached you anticipating that you're likely to compensate him for the loss of use of laundry facilities. You think $350 is high and it may be. It is up to you to negotiate a reason...MORE...
I am a landlord and I made clear in my rental agreement it was not allowed to have pets and or smoke as well as pay the rent late. After 4 days of late rent it would be penalized by 25 dollars a day....
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The very first thing you should do if you want to know "the best way to deal with this issue" is to find out what the rules governing landlord-tenant legislation are and how they apply. In my view, y...MORE...
Hello
Thanks for your excellent column. I bought your book and use it as a reference since I am a new lanlord. I havent seen a solution to my specific situation in your book, so I am asking here.
We...
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An advantage to a lease for many landlords is that when the term ends the landlord is free to negotiate a new or throw the bums out. The landlord can invite the tenant to stay on in a month-to-month ...MORE...
I rented an upstairs suite and there were other tentants downstairs the landlord said that we were to go half on the utilities. There were three tenants that moved in out and never paid a thing to hel...
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Your landlady obviously has her own rules about when a security deposit must be returned - and when it can be held back. Your landlady is in for a small shock when you show her an extract of section ...MORE...
I found this room for rent in a 3 BR house online. Met my 2 roommates, passed credit check with landlord. Roommates said, as advised by landlord I should pay security deposit to the ex-roommate who mo...
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It seems to me that your argument is with your two roommates. The landlord has a continuing tenancy agreement. I suspect he is holding a security deposit of one half of one month's rent, which he can...MORE...
I have rented my house to a family for a period of 2 years. I have given them permission to rent the downstairs suite if they wanted. I have recently contacted them and informed them that I need to mo...
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27(2) deals with restricting services and facilities. What you are proposing is to materially alter the rental agreement. You've rented the whole house to these people, which means you have given ove...MORE...
Subject
ID #- 671
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My Landlord ask for 6-months' checks when we moved in. We had paid the half month rental fee as the security deposite when we signed the agreement. I know it is a 6-months lease, but can I just sign t...
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Asking for 6 month's worth of post dated cheques isn't uncommon, nor is it against any provision of the Act. It is a negotiable way to handle how the rent gets paid. Some landlords like to show up on...MORE...
I recently moved out of my apartment, I have no signed lease agreement with my landlord however still gave him 30 days notice I was leaving. When I moved out he returned my deposit less 4 days outst...
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It appears that your landlord has made an arbitrary deduction from your security deposit, which isn't permissible under the legislation. Section 38 of the Act governs how security deposits are to be h...MORE...
In the heavy rains of the last week or so, it has been discovered that there is a leak in the foundation, allowing water to seep into a downstairs room (sunken basement). When we contacted the landlor...
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You're obviously looking at a construction problem the landlord isn't prepared to spend money on. Instead, he expects you to absorb things (sorry, I couldn't resist the pun). You might want to approa...MORE...
I am wanting to break my lease, but if I do there is a $400 penalty. (which is the same as my deposit). If I am evicted, do I get my deposit back? ...
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Penalties aren't generally enforceable in residential tenancies because the courts hold that "the promisee should receive by way of damages only that sum which would compensate for his actual and pro...MORE...
My parents (age 70 and 72) were moving from Ontario to B.C. I found a home that could be suitable for them, but would need some work - actually a lot of work. My parents were at that time will to do...
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Your mom and dad are going to be talking about the reason(s) the notice to end the tenancy was issued - not whether the landlord owes them for time, investment, energy expended, etc., that they've sp...MORE...
My previous landlords did not provide any address or contact information in our Rental Agreement. I know where they live, and also found their commercial address through the phone directory. Which a...
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Section 88 of the Act talks about serving documents. Basically, it says that documents can be served by leaving a copy with the person; if the person is a landlord, by leaving a copy with an agent of...MORE...
Subject
ID #- 678
Q:
If I give my landlord a rent cheque on the 1st when it is due, and it is being cashed 13-15 days later. Is there any control over the amount of time that a landlord has to cash the cheque before I ca...
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You're probably running into banking problems because your landlord delays cashing your rent cheque for weeks at a time. While there really aren't any hard and fast rules about when the landlord must...MORE...
I have verbally applied to lease a single detached house in BC and the owner have asked for references and half month deposit in order to consider my application. The owner then confirmed that I was q...
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The rights and obligations of a landlord and tenant take effect from the date the tenancy agreement is entered into, whether or not the tenant ever occupies the rental unit. The landlord can't charge...MORE...
We are trying to end our lease through "Assignment of tenancy". We are working with the property manager to find a new tenant. We have been paying for the advertising and taking the calls. We have dis...
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The rent the owner's want shouldn't be an issue in an assignment of the tenancy - the rental amount in an assignment should be the same as that set in the agreement. If it were otherwise the landlord...MORE...
Dear Mr. Watson,
My wife and I rented a suite in downtown Vancouver for a month. We just needed a place to stay for that period of time as we were waiting for a Townhouse we just bought. The place ...
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Your question for me is: "Do you think the arbitrator is going to believe me or him?" A Johns Hopkins study I once ran across said that knowing the background and predispositions of a decision maker a...MORE...
How do I write a letter of "Notice of intention to move"...
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Section 45 of the Act sets out how to end a tenancy. The tenant gives notice to end a month-to-month tenancy by "giving the landlord notice to end the tenancy effective on a date that (a) is not earl...MORE...
I have heard that BC law now requires an inspection of rental presimes every three months. I reside in NL but have rented my house in Kamloops. Can you clarify this for me? Many Thanks....
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The Residential Tenancy Act of British Columbia allows the landlord to inspect his rental properties regularly, but the reason for the inspection must be reasonable. Section 29 of the Act sets out th...MORE...
We are on a month-to-month lease with our current landlords. We pay $1450 every 15th of each month.
On January 5 we were served a Notice to Vacate by March 5 so the landlords could renovate the prop...
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You'll want to have a look at section 50, which sets out how the tenant can handle a section 49 notice. It allows for an early end to the tenancy. It says: "50 (1) If a landlord gives a tenant notice...MORE...
Hi there, just a quick question. Ive lived in my surrey home for 6 months of a two year lease. when signing the agreement my landlord pursuaded me to take responsibility for all appliances, stating th...
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What you've agreed to in your tenancy agreement is determinative in this situation. Why you'd accept responsibility for appliances you don't own is a wonder to me, but it seems that's what you've agr...MORE...
i have to leave my contract 3 months early as per my roomate is moving. i have found someone to rent it and they went to the office to apply for the suite. they were excepted and their damage deposit ...
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From the information you've given, it seems that you've ended your tenancy and another party entered into an agreement to re-rent the premises. Now the second party wants to back out of their deal wi...MORE...
i have been having trouble with the people in the apartment above me, regarding noise(music, etc) i tried going up myself to ask him to turn it down, but with no luck. i then had no choice but to go t...
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Nope. Section 45 of the Act sets out how to end a tenancy and it doesn't allow exemptions because one tenant is bothered by the noise of another tenant. In a month-to-month tenancy the tenant is requ...MORE...
Subject
ID #- 695
Q:
my friend has just got a eviction notice due to the landlord saying shes been late more than three times in the past 6 months with her rent but it has been all paid in full, and was paid by the 5th ea...
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If your friend has a question about how the Residential Tenancy Act applies in her situation, ask her to contact me. FYI though, if the landlord is moving after your friend for late payment of rent, ...MORE...
Mr. Watson,
My husband and I rent a house we love but have discovered that it has black mold. We are trying to have a baby and are concerened about the health issues. I have repeatedly contacted the ...
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Municipal authorities are the ones to call if you genuinely think there is a health hazard in your rental premises but you're a long way from getting your rental premises identified as a health hazar...MORE...
Hi Mr. Watson
My apartment was flooded. The cause was the water leaking of the upstairs radiator. When the accident happened, I was not in home. The landlord failed to inform me in time. So I a...
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This is a good example of why I advise everybody involved in the landlording business to carry adequate insurance - landlords and tenants alike. Here, it's apparent that you've suffered damages throu...MORE...
We signed a one-year fixed term lease for a suite within a century-old mansion that was converted to apartment units. The suite is in a high-end neighbourhood, and the suite's architectural & heritag...
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You're right, you're on the hook for the rent but you can end a fixed term tenancy by consent, for cause, and by expiration of the terms. In some leases there is a liquidated damages clause which is ...MORE...
Do the Landlord and Tenant both have to have original signed copies of the agreement, or will a photocopy for the tenant suffice delivered within 21 days....
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Really? If your tenancy is starting off this way, and whether you've got a photo copy or an original is already an issue, then you'd better hunker down for all types of conflicts and disputes that wil...MORE...
