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Landlord breaking lease
Anome
Registered User regular
Registered User regular
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?
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?
Anome on
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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.
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.
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.
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.
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
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:
If he doesn't use that form, then it's not valid.
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.
http://www.tenants.bc.ca/main/
Although I think the above posts have mostly covered it.
No, don't call his lawyer, call legal aid or something and get your own lawyer. Then let your lawyer talk to his.
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.