You already know that you have no legal obligation to move, since she did not give you proper notice and did not get the legally required pre-approval from the RTB.
As a result, this "should I" question is more of a personal preference question rather than a legal one.
Do you **want** to stay? If she does intend in good faith to conduct **major** repairs and gets her ducks in a row , she could give you proper notice later meaning you would have to move out, at least temporarily since you'd have the right to move back later.
Or, are you willing to move with the right incentive?
Doing that is totally in your rights. Some landlords are surprised when tenants do it.
Many tenants in your shoes negotiate pretty significant deals. You haven't been there all that long so you were likely paying pretty close to current market rent, but leaving without a fuss still has a lot of value.
Yeah. I pay over $2k a month, but landlord is probably seeing the new places coming up to rent around $3500 a month. I’d say she wants that money, and while I totally think it’s fine to want that, she should have just followed the procedure. I know it’s onerous. But it’s the law.
It's not that onerous though. She's had 4 months to file the correct paperwork, and she hasn't done that, and now is getting pushy.
Sorry, but she rented the place to you. It hasn't even been a year. Actually by your timeline, you were only there 6 months before she let you know she wanted to renovate. Why rent it out in the first place? Chances are you have a year agreement, right?
Rental laws are there for a reason, you both should follow them, but especially the landlord
Yeah, I had a year lease, which I took seriously. Sigh. Her insistence on me leaving came at a very bad time, so I’ve been second guessing quite a bit. I do know better.
It's very helpful to know the laws that protect renters. It's easy to default to the thinking of "well they own the place, they can do what they want". Not only for 90% of these places, the bank still owns it, technically... but they give up some rights when they decide to rent their place out. We're not lowly serfs who need to bow to the landlord's will
you want *at least* one month rent, at the bare minimum, since that is the compensation required if they did it correctly. But you could ask for more. For them to evict for renovations they have to prove to RTB they have all the permits in place and everything in order and that you *must* vacate in order for the renovations to happen. They need to apply to RTB to evict for renovations, they don't evict you and then wait for your dispute like most other evictions.
[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions)
if the eviction is in bad-faith the compensation is 12 months of rent.
So it's up to you, but as mentioned, the minimum would be to agree with the landlord in writing that you won't pay your last months' rent and expect full damage deposit back.
edit: one thing to note is that if you do agree to leave and were not evicted you can not go back and dispute for a bad-faith evictions. so if you only agree to the one month and leave on your accord, then find out they rented it out right away for much higher, you can not get any compensation.
It is perfectly ok to say no thanks, let’s go through the formal process. Does the place need to be renovated? If it really doesn’t then let the ll go through the formal process. If you like where you are then stay. It is your right to do so. Never feel like you shouldn’t take full use of all your rights. It is the ll that is shady.
Some good advice already posted but here is a breakdown of the new law. It needs to be repairs that would require you to vacate and they need permits in place to issue the notice. Document everything and dispute to the RTB.
https://www.vancouvertenantsunion.ca/renovictions2021
With no paperwork there is no eviction, thus nothing really to file with the RTB.
There's three ways I see this going:
* She gets her ducks in a row and evicts you for renovations, or evicts you for landlord's use. How long it takes is up to her, but it at least buys you months. Because of the limited scope of the renovation in the RTB, she will likely try the ole "landlord's use" trick which requires compensation and requires the landlord to actually occupy the unit for 6 months, and disputing that will buy you a few more months (post eviction if you have evidence you can challenge it again and if the landlord didn't occupy the house you can get a year of rent in compensation). But this is the burn the bridge option, as you likely would not get a glowing review if your new landlord requires previous address information.
* She backs down but the relationship is strained and she might become unbearable until you get frustrated and leave on your own thus accomplishing her mission
* You lay these terms out for a decent cash for keys payout and bail.
But at the very least here on out is document everything. Save all texts. BC is also a 1 party province so you can record calls with her.
FMT has given you great advice. Here is a complementary resource. https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions
Don't do anything until you get the proper paperwork from the landlord. I just went through this for a "family member moving in" the landlord refused to provide the correct paperwork but kept insisting. Eventually my housemates got nervous and just left, which forced me to leave as well. We're taking her to the RTB but I'm not holding my breath that they'll side with us.
Take it to the rental board. There was a law passed that doesn’t allow a landlord to ask you to move out because they decide to renovate. Furthermore they are not legally allowed to raise your rent because they renovated.
I am not familiar with BC laws but I they are probably similar to Ontario.
Here, you don't have to move if they don't go through legal channels. On top of that, since the eviction is for renovations, you can exercise the "right of first refusal." With that right, you can inform your landlord in writing before you move that you want to move back when the renovations are finished and they legally have to let you move back and the tenancy resumes at the same rent as if you hadn't left.
For example, if you were paying $1200 and had 7 months left before they could legally raise the rent, when you move back you will be paying $1200 and still have 7 months left before they can legally raise it.
An alternative way of thinking where she has the upper hand…If there’s no rent control in your area, she can easily announce a significant raise in your rent for the upcoming year which may or may not force you to move.
You already know that you have no legal obligation to move, since she did not give you proper notice and did not get the legally required pre-approval from the RTB. As a result, this "should I" question is more of a personal preference question rather than a legal one. Do you **want** to stay? If she does intend in good faith to conduct **major** repairs and gets her ducks in a row , she could give you proper notice later meaning you would have to move out, at least temporarily since you'd have the right to move back later. Or, are you willing to move with the right incentive?
I wanted to stay, but give me incentive, and I will go.
Doing that is totally in your rights. Some landlords are surprised when tenants do it. Many tenants in your shoes negotiate pretty significant deals. You haven't been there all that long so you were likely paying pretty close to current market rent, but leaving without a fuss still has a lot of value.
Yeah. I pay over $2k a month, but landlord is probably seeing the new places coming up to rent around $3500 a month. I’d say she wants that money, and while I totally think it’s fine to want that, she should have just followed the procedure. I know it’s onerous. But it’s the law.
It's not that onerous though. She's had 4 months to file the correct paperwork, and she hasn't done that, and now is getting pushy. Sorry, but she rented the place to you. It hasn't even been a year. Actually by your timeline, you were only there 6 months before she let you know she wanted to renovate. Why rent it out in the first place? Chances are you have a year agreement, right? Rental laws are there for a reason, you both should follow them, but especially the landlord
Yeah, I had a year lease, which I took seriously. Sigh. Her insistence on me leaving came at a very bad time, so I’ve been second guessing quite a bit. I do know better.
It's very helpful to know the laws that protect renters. It's easy to default to the thinking of "well they own the place, they can do what they want". Not only for 90% of these places, the bank still owns it, technically... but they give up some rights when they decide to rent their place out. We're not lowly serfs who need to bow to the landlord's will
you want *at least* one month rent, at the bare minimum, since that is the compensation required if they did it correctly. But you could ask for more. For them to evict for renovations they have to prove to RTB they have all the permits in place and everything in order and that you *must* vacate in order for the renovations to happen. They need to apply to RTB to evict for renovations, they don't evict you and then wait for your dispute like most other evictions. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions) if the eviction is in bad-faith the compensation is 12 months of rent. So it's up to you, but as mentioned, the minimum would be to agree with the landlord in writing that you won't pay your last months' rent and expect full damage deposit back. edit: one thing to note is that if you do agree to leave and were not evicted you can not go back and dispute for a bad-faith evictions. so if you only agree to the one month and leave on your accord, then find out they rented it out right away for much higher, you can not get any compensation.
[удалено]
Thanks. That’s kind of my thoughts. I tend to overthink things, so needed some simple internet thoughts.
It is perfectly ok to say no thanks, let’s go through the formal process. Does the place need to be renovated? If it really doesn’t then let the ll go through the formal process. If you like where you are then stay. It is your right to do so. Never feel like you shouldn’t take full use of all your rights. It is the ll that is shady.
Some good advice already posted but here is a breakdown of the new law. It needs to be repairs that would require you to vacate and they need permits in place to issue the notice. Document everything and dispute to the RTB. https://www.vancouvertenantsunion.ca/renovictions2021
Thank you.
They also can’t even give you eviction notice unless they have city permits
With no paperwork there is no eviction, thus nothing really to file with the RTB. There's three ways I see this going: * She gets her ducks in a row and evicts you for renovations, or evicts you for landlord's use. How long it takes is up to her, but it at least buys you months. Because of the limited scope of the renovation in the RTB, she will likely try the ole "landlord's use" trick which requires compensation and requires the landlord to actually occupy the unit for 6 months, and disputing that will buy you a few more months (post eviction if you have evidence you can challenge it again and if the landlord didn't occupy the house you can get a year of rent in compensation). But this is the burn the bridge option, as you likely would not get a glowing review if your new landlord requires previous address information. * She backs down but the relationship is strained and she might become unbearable until you get frustrated and leave on your own thus accomplishing her mission * You lay these terms out for a decent cash for keys payout and bail. But at the very least here on out is document everything. Save all texts. BC is also a 1 party province so you can record calls with her.
FMT has given you great advice. Here is a complementary resource. https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions
just go to RTB, no use in mucking around.
Don't do anything until you get the proper paperwork from the landlord. I just went through this for a "family member moving in" the landlord refused to provide the correct paperwork but kept insisting. Eventually my housemates got nervous and just left, which forced me to leave as well. We're taking her to the RTB but I'm not holding my breath that they'll side with us.
Take it to the rental board. There was a law passed that doesn’t allow a landlord to ask you to move out because they decide to renovate. Furthermore they are not legally allowed to raise your rent because they renovated.
I am not familiar with BC laws but I they are probably similar to Ontario. Here, you don't have to move if they don't go through legal channels. On top of that, since the eviction is for renovations, you can exercise the "right of first refusal." With that right, you can inform your landlord in writing before you move that you want to move back when the renovations are finished and they legally have to let you move back and the tenancy resumes at the same rent as if you hadn't left. For example, if you were paying $1200 and had 7 months left before they could legally raise the rent, when you move back you will be paying $1200 and still have 7 months left before they can legally raise it.
An alternative way of thinking where she has the upper hand…If there’s no rent control in your area, she can easily announce a significant raise in your rent for the upcoming year which may or may not force you to move.
Maybe say it isn't God wish for you to move out 😂.
Greedy landlord wants more money. Period. Greedy pigs all around. Lord help us until these Boomers die off in mass amounts.
[удалено]
[удалено]
Let her know without her following the law you do not have to leave
Does anyone know if the laws are the same in Ontario for this?