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Landlord breaking lease

AnomeAnome Registered User regular
edited September 2009 in Help / Advice Forum
My situation with all details from the beginning:

In May I moved into a my current place. At that point I had 2 roommates who were technically on the lease and I was not. At the end of July one of them moved out and I took her place on the lease. The way this was done was to write that I was taking her place on a piece of paper and we both signed it. We talked to 2 lawyers (hers and my landlord's) and got exact wording from them to make sure this was all on the up and up. This lease was until February 2010.

On Sept. 1, my landlord called me to let me know he was coming by to pick up the rent. No problem, I had it ready and when he came I gave it to him. It was at this point that he informed me that I had to be out by Sept. 30. From what I understand a lease is a document that gives certain rights to all parties and part of that is that this place is mine and my roommate's until the lease runs out. Looking into it more I found this document which seems to indicate that he a) needed to give me at least 2 months notice and b) owes me this month's rent back if I do indeed manage to get out.

Now, having thought I was secure in this place until at least February I have not been budgeting to move and if I don't get this money I'll have a lot of trouble managing it. So am I right? This applies to leases, right? I'm so woefully ignorant of this stuff. I have someone willing to be my roommate (current one is likely moving back with her family for a bit) and we'll probably find a place so, as much as it sucks, I'm willing to accept the shortened timeline, but the money thing is bothering me.

tl;dr: Landlord kicking me out 3 months before my lease is up, do I get my final month's rent back?

Post edited by Anome on

Comments

  • RiemannLivesRiemannLives Registered User regular
    edited September 2009
    You really should just give the lawyer who drew up that lease change a call.

    If you want advice here, at the least you are going to need to specify what country and state / province you are in. Absolutely do not listen to any advice that does not take that into account as it varies a lot from place to place.

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  • VisionOfClarityVisionOfClarity Registered User regular
    edited September 2009
    As per this it doesn't sound like he can kick you out if your lease is valid.

  • DarkewolfeDarkewolfe Registered User regular
    edited September 2009
    I can tell you that you're going to need a copy of the original lease, if the new document you signed just says that you're subject to the terms outlined in it. Did he ask why he's forcing you to leave? If he's sold the property then, as above poster said, the rules vary state to state here in the U.S. but there are often terms in the lease which state that the lease will be void if the property is sold.

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  • AnomeAnome Registered User regular
    edited September 2009
    Oh sorry, I thought BC, Canada from my av was enough. I live in Burnaby.

    Also, he has specified that he and his wife need to move in. I think they should still have been able to give me more notice.

  • ArtreusArtreus Hamlet Registered User regular
    edited September 2009
    It sounds kind of messed up and that he screwed himself by signing you on the lease. I guess he ran into troubles with wherever he used to live and only has the place he was renting to you to fall back on.

    But yeah, that lawyer thing sounds like a good idea. Because as much as it sucks to be in his situation, you are getting screwed here and you signed a lease.

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  • VisionOfClarityVisionOfClarity Registered User regular
    edited September 2009
    Anome wrote: »
    Oh sorry, I thought BC, Canada from my av was enough. I live in Burnaby.

    Also, he has specified that he and his wife need to move in. I think they should still have been able to give me more notice.

    As per that document I linked in my first post he has to give you 2 months notice if he or a family member is moving in and it also appears he must give you one month's rent. Look up section 12.2.

  • AnomeAnome Registered User regular
    edited September 2009
    Anome wrote: »
    Oh sorry, I thought BC, Canada from my av was enough. I live in Burnaby.

    Also, he has specified that he and his wife need to move in. I think they should still have been able to give me more notice.

    As per that document I linked in my first post he has to give you 2 months notice if he or a family member is moving in and it also appears he must give you one month's rent. Look up section 12.2.

    Okay, so section 12.8 says:

    "A tenant that receives a two-month notice can move out earlier than the date specified on the notice, unles the tenancy is for a fixed term. The tenant must give the landlord at least 10 days written notice and pay the rent up to the move-out date. Where the tenant has already paid a full month's rent, the landlord must refund the rent.

    When a landlord ends tenancy for the landlord's use of the property, the landlord must give the tenant the equivalent of one month's rent on or before the move-out date"

    So does this mean that I need this official notice (which I have not been given) and that if I move out before the 2 months I don't get money back? I don't understand the wording completely, I feel so dumb right now. If I'm reading this right it says I have to pay up to the early move out date unless I've already paid, in which case I get it back. I don't understand.

    edit: and if I've got a lease until February does that make it fixed term and so I can't move out early? Why is this so confusing to me?

  • Bionic MonkeyBionic Monkey Registered User, ClubPA
    edited September 2009
    Anome wrote: »
    Anome wrote: »
    Oh sorry, I thought BC, Canada from my av was enough. I live in Burnaby.

    Also, he has specified that he and his wife need to move in. I think they should still have been able to give me more notice.

    As per that document I linked in my first post he has to give you 2 months notice if he or a family member is moving in and it also appears he must give you one month's rent. Look up section 12.2.

    Okay, so section 12.8 says:

    "A tenant that receives a two-month notice can move out earlier than the date specified on the notice, unles the tenancy is for a fixed term. The tenant must give the landlord at least 10 days written notice and pay the rent up to the move-out date. Where the tenant has already paid a full month's rent, the landlord must refund the rent.

    When a landlord ends tenancy for the landlord's use of the property, the landlord must give the tenant the equivalent of one month's rent on or before the move-out date"

    So does this mean that I need this official notice (which I have not been given) and that if I move out before the 2 months I don't get money back? I don't understand the wording completely, I feel so dumb right now. If I'm reading this right it says I have to pay up to the early move out date unless I've already paid, in which case I get it back. I don't understand.

    edit: and if I've got a lease until February does that make it fixed term and so I can't move out early? Why is this so confusing to me?

    Call the goddamned lawyer.

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  • AnomeAnome Registered User regular
    edited September 2009
    I can't until Tuesday. And I don't know who it was, I was present for the phone conversations (neither lawyer was actually there) but I didn't get names. I know that I should have gotten more information but unfortunately I'd never done this before and made mistakes. I'm calling the residential tenancy branch on Tuesday, I swear. It's just frustrating to be stuck without answers until then.

  • DocDoc Registered User, ClubPA regular
    edited September 2009
    He's supposed to:
    1. Give you the reason that he is having you move (must be either construction, or he is going to use the residence for himself or a close relative)
    2. Give you two months of notice
    3. Give you another month's rent as restitution
    4. Actually use the unit for the purpose he cited after you move out. If he doesn't, you can file a claim against him for the value of two months' rent.

    The whole act is here and it clears up your question, I think:
    http://www.bclaws.ca/Recon/document/freeside/--%20R%20--/Residential%20Tenancy%20Act%20%20SBC%202002%20%20c.%2078/00_02078_01.xml#section49
    (1) A tenant who receives a notice to end a tenancy under section 49 [landlord's use of property] is entitled to receive from the landlord on or before the effective date of the landlord's notice an amount that is the equivalent of one month's rent payable under the tenancy agreement.

    (1.1) A tenant referred to in subsection (1) may withhold the amount authorized from the last month's rent and, for the purposes of section 50 (2), that amount is deemed to have been paid to the landlord.

    (1.2) If a tenant referred to in subsection (1) gives notice under section 50 before withholding the amount referred to in that subsection, the landlord must refund that amount.

    (2) In addition to the amount payable under subsection (1), if

    (a) steps have not been taken to accomplish the stated purpose for ending the tenancy under section 49 within a reasonable period after the effective date of the notice, or

    (b) the rental unit is not used for that stated purpose for at least 6 months beginning within a reasonable period after the effective date of the notice,

    the landlord, or the purchaser, as applicable under section 49, must pay the tenant an amount that is the equivalent of double the monthly rent payable under the tenancy agreement.

    So it's the act of him giving you the notice that causes him to owe you the rent, not the act of you moving out at the end of the two months. If you move out sooner, then he still owes you the money, I think. He could potentially give it to you after you've moved, though.

    Also, he needs to give you notice in a very specific way:
    Form and content of notice to end tenancy

    52 In order to be effective, a notice to end a tenancy must be in writing and must

    (a) be signed and dated by the landlord or tenant giving the notice,

    (b) give the address of the rental unit,

    (c) state the effective date of the notice,

    (d) except for a notice under section 45 (1) or (2) [tenant's notice], state the grounds for ending the tenancy, and

    (e) when given by a landlord, be in the approved form.

    If he doesn't use that form, then it's not valid.

  • EliminationElimination Registered User regular
    edited September 2009
    I live in British Columbia too, very close to you in fact. And what he did is completely illegal. Ontop of that he is not allowed to ask you for rent if he is kicking you out without 2 months notice. Just the same as if you break a lease you have to give the same notice. I had to do this before when i split with my ex. It goes the same both ways.

    He also has to give you some kind of form i believe. Not just come and say "hey i want rent, oh yeah and you have to leave by the 30th im kicking you out, seeya!" It doesn't work like that. He is not allowed to screw over his tenants like that, BC has protection against it and there is a tenants rights board as well in BC i believe.

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  • SerpentSerpent Sometimes Vancouver, BC, sometimes Brisbane, QLDRegistered User regular
    edited September 2009
    This is a good website for tenancy advice:
    http://www.tenants.bc.ca/main/

    Although I think the above posts have mostly covered it.

  • VisionOfClarityVisionOfClarity Registered User regular
    edited September 2009
    Anome wrote: »
    I can't until Tuesday. And I don't know who it was, I was present for the phone conversations (neither lawyer was actually there) but I didn't get names. I know that I should have gotten more information but unfortunately I'd never done this before and made mistakes. I'm calling the residential tenancy branch on Tuesday, I swear. It's just frustrating to be stuck without answers until then.

    No, don't call his lawyer, call legal aid or something and get your own lawyer. Then let your lawyer talk to his.

  • DocDoc Registered User, ClubPA regular
    edited September 2009
    There is no reason to get an attorney yet. The laws in this matter are pretty straight-forward. In order to force you out before your lease is over "for landlord's use of the property," he needs to give you notice with that form in the OP. Then you withhold your last month's rent if he doesn't cut you a check for the month you are due by then. Then you move out before the effective date. If he doesn't actually use the apartment for the reason he is claiming, you can sue him for 2 months of rent.

    Just tell him that you want him to go through the legal process for this, and give him a copy of that form you posted. He's going to make you move out either way, so there's no reason to be a dick. This ensures that he knows what the laws are, and you get what you are legally entitled to.

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