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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:
My landlord wanted me to sign a three year lease stating that the building where his suite is alright. I signed. I found out recently that it is a leaky condo and that the balconies will be bolted from the outside, the stucco will be stripped and that will take 1 year up to mid 2007. There has been a tremendous dust and I was forced to keep my windows shut tight. In ten months time, they construction worker will enter my suite to replace my balcony door and windows, I now have no ventilation as the balcony door was boted by the workers and the windows closed. I am suffering from asthma and in case of fire, my landlord said I have to get a chair, break the balcony window and jump or the fire department can also rescue me. I want to leave and break my lease as I am currently paying $1,000 and he had not offered any reduction of rent. As well, I have no balcony and the noise level from construction is terrible. I would like to hire a lawyer who can issue my landlord a legal letter. I heard that if I go through arbitration, it might take time. Is this a good move? please help. Thank you
A:
If you think you are getting less than you bargained for you have an obligation to directly approach your landlord with this complaint. My advice is to detail in a letter for your landlord exactly what you are complaining of, what you think needs to be done, how the situation should be handled, and by when, and what you intend to do about the situation if it isn't resolved to your satisfaction. If the landlord doesn't respond satisfactorily, and you think you're getting less than you contracted for, then you might give some thought to launching a claim in arbitration for loss of use of services and facilities.
However, going through the arbitration process is incredibly taxing on everyone concerned. The stress is what gets most people; then there is the time expenditure, document processing and serving, and the sitting around a drab waiting room full of surly landlords and tenants all waiting to get at the other side in their disputes. Gathering evidence, witnesses and documents isn't all that much fun, neither is the inevitable bad taste it leaves for everybody. Going through the process is stressful to say the least, but then some people adopt it as a life's work - they enjoy the adventure because it is real live drama, and usually cheap - especially if they never had any intention of paying anyway. Those with more time than they know what to do with sometimes commandeer the process and it provides them with a viable recreational activity - suing the landlord, or the tenant as the case may be.
Having judged these cases for years I marvel at the personalities these disputes draw and the circumstances some people live in - and you can't beat a rock 'em sock 'em landlord-tenant dispute for sheer entertainment either. The nasty things people say about each other is truly an eye-opener as are the creative ways people dream up to get back at somebody. I'm convinced that most disputes aren't about the money - rather, these people, given the opportunity, would elect instead to inflict some serious pain on each other and take that as their reward. That said, I always have appreciated that the decisions people like me make have profound effects on others - physically, emotionally and financially. Maybe that's why I'm recognized as such a good judge in these cases - I can always easily see myself in either of the other chairs and perhaps one day that's exactly where I'll be.
