TERRIBLE NEW LANDLORDS! OPINIONS AND HELP PLEASE?

[snails]

alright, so about 2 years ago i moved into a single bedroom basement, good size and good quality in a good neighborhood. we had a 1 year lease agreement that cable, internet and driveway parking would be included and everything went perfect, not 1 single problem, completed the 1 year lease and continued living on those terms for a following year.

about 4 months ago those landlords i previously rented from decided to sell their house and new owners came in "living above me" and from there its been a massive headache, they came down and we discussed the previous agreement and they agreed in full "didnt sign any papers"

problems im having now:

no cable, ive talked to them many times and they keep saying telus is coming soon.

i pay extra for parking on driveway "they only have 1 car" but i am consistently being blocked in by there guests even if there is parking behind their car or i come home and my spot is taken by their guest.

internet is a big deal as i dont have cable yet and i also work from home quite often, they did set up a router but its signal is very poor, and i have discussed this with them for months now with no progress yet.

and last but not least they are loud as FCKKKKKkk. all night i hear them walking around, not just gentle walking, it sounds like a fcking stampede up there.


ive decided im going to alter the amount i pay them this month, about 20$ a month for cable since, so 80$ off what i give them, and going to give them an option of me supplying my own internet at their expence.

whats your guys view on this ??...

ps i rather not move

[LC21]

Write a new agreement.
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[GLOW]

i read the entire post and i'm like
i'm outta here...

then your last statement was PS i don't wanna move...

if i were you....I'D MOVE
sounds like shit isn't going to get better...you think their friends are going to park elsewhere when i'm sure they know it's not the owner's car? doubt it.

so you stop paying for the spot and park on the street. you're going to still have these problems:
-loud as fuck. that's how they live - not going to change IMO
-cable most likely will eventually change. Telus/Shaw are slow & busy so it can be 1 to 2 months (had that happen before)
-internet - if there's poor signal you think they're smart enough or tech savvy to solve the signal problem? i highly doubt it. maybe they buy a repeater, do a bridge better router who knows...i'm banking on the average person won't know how or just plain won't and tell you to deal with it.

that's my 2 cents anyways...where do you live BTW?

if i was you i'd just pay what i owe them and move on.

[Recon604]

well u have not much choice except move, if your landlords are like that and your not enjoying the stay. Why bother paying money to the guy?

[snails]

ive never had a case where Shaw or Telus take more then a couple weeks, i could be lucky... but 4 fcking months, also i didn't mention this, im silent, i work in morning, come home and change and out the door again, usually home late in the night, essentially a perfect tenant, anyone have a place to rent in surrey/langley

[Spidey]

you didn't sign any papers.. you are screwed. I would move. If you don't want to move, then stop complaining.

[Glove]

buy, dont rent

[snails]

Originally Posted by Glove

buy, dont rent

21, no co signers= SOL

[Spidey]

Originally Posted by Glove

buy, dont rent

you really think that's a realistic solution? say he buys a place and has dirtbag neighbours... either in a condo or a home... now he's really shit out of luck.

[dinosaur]

Originally Posted by snails

alright, so about 2 years ago i moved into a single bedroom basement, good size and good quality in a good neighborhood. we had a 1 year lease agreement that cable, internet and driveway parking would be included and everything went perfect, not 1 single problem, completed the 1 year lease and continued living on those terms for a following year.

about 4 months ago those landlords i previously rented from decided to sell their house and new owners came in "living above me" and from there its been a massive headache, they came down and we discussed the previous agreement and they agreed in full "didnt sign any papers"

problems im having now:

no cable, ive talked to them many times and they keep saying telus is coming soon.

i pay extra for parking on driveway "they only have 1 car" but i am consistently being blocked in by there guests even if there is parking behind their car or i come home and my spot is taken by their guest.

internet is a big deal as i dont have cable yet and i also work from home quite often, they did set up a router but its signal is very poor, and i have discussed this with them for months now with no progress yet.

and last but not least they are loud as FCKKKKKkk. all night i hear them walking around, not just gentle walking, it sounds like a fcking stampede up there.


ive decided im going to alter the amount i pay them this month, about 20$ a month for cable since, so 80$ off what i give them, and going to give them an option of me supplying my own internet at their expence.

whats your guys view on this ??...

ps i rather not move

This is a little bit of a tricky situation and I don't often deal with basement suites in private homes, but I will try to do my best.

When an apartment building is sold to new owners, the existing tenancy agreements are 'grandfathered' in. This should be the same as private houses. Even though your technical tenancy agreement is with the previous owner, in reality, your agreement is with the address.

The new owner, who was obviously aware of the tenant living in the basement, should have been made aware of the existing agreement you had with the previous owners and unless you signed a different agreement with the new owners, your old one is still valid.

Amenities (cable, internet, parking):

These are items that you pay for that are included in you rent and therefore, you are entitled to them. If these items are cut off, they have breached the contract.

What can you do:

First, I would arrange a meeting with them and make a formal complaint in writing. Give the 7 days (or a reasonable amount of time) to ratify this issue. Connect the cable, fix the internet, give you an assigned parking space as per your agreement (and you better make sure you agreement states these things). Do not 'threaten' per se, but be firm, let them know you want to continue living there, and that you are a good tenant. Let them know that if they do not comply, you will be seeking a Dispute Resolution with the tenancy branch.

If they do not comply or give you proof that they have made the arrangements to fix the problems, I would go to the tenancy branch and file for a DR.

What NOT to do:

Hold back you rent or even hold back a portion of your rent. IF you want to do so, you need to file a DR first and until your case is heard, you pay the tenancy branch. The branch holds your rent payments 'in trust' and will release them or a portion of them when your case is resolved. If you do not do this and just simply hold your rent back (or portion of), your landlords can give you an eviction notice. When they do, you will not be able to fight it and you will be evicted.

Few people know about this system and I have often had tenants threaten not to pay unless x, y, and z are done...I just simply tell them they may want to investigate how that system really works. If you expect your landlords to abide by your agreement and the act, then you need to do the same.

Noise:

Noise is always an issue whenever new people are introduced to the situation. Unless you are on the top floor of a place, you are going to hear noise. So, when does the noise become excessive? When it effects the quiet enjoyment of your residence.

Now, in the act there are a lot of sections that are rather wishy-washy and the term 'reasonable' is tossed around a lot. Unfortunately, this is one of those sections. Your best bet would be to talk to them or send them a formal letter. Try to be friendly, don't go on the attack, and try to be reasonable. They just moved in....are they still un-packing? Are they doing renos? Could this possibly be temporary?

Again, if this become a massive problem, this matter can be brought to a DR case....but, it is not likely going to solve the problem. Some people are just loud. Some people just don't understand that others are living close to them.

So, in regards to the noise....your only hope is to talk to them and hope they get it.

How do they feel about you? Do they want a tenant? Have they ever given any indication they are, at some point, going to need that space? Do you think they are trying to squeeze you out?

If it would make you feel better (and, I'd probably recommend it anyway) you should sign a new tenancy agreement with them. This way, everyone is clear about what is included, etc.

Also, you may not want to and you may not want to hear it...but some times in private rentals such as this, it may be easier to move. But, if it were me, I would take a crack at DR first.

Let me know if you have any more questions

[Spidey]

Originally Posted by dinosaur

This is a little bit of a tricky situation and I don't often deal with basement suites in private homes, but I will try to do my best.

When an apartment building is sold to new owners, the existing tenancy agreements are 'grandfathered' in. This should be the same as private houses. Even though your technical tenancy agreement is with the previous owner, in reality, your agreement is with the address.

The new owner, who was obviously aware of the tenant living in the basement, should have been made aware of the existing agreement you had with the previous owners and unless you signed a different agreement with the new owners, your old one is still valid.

Amenities (cable, internet, parking):

These are items that you pay for that are included in you rent and therefore, you are entitled to them. If these items are cut off, they have breached the contract.

What can you do:

First, I would arrange a meeting with them and make a formal complaint in writing. Give the 7 days (or a reasonable amount of time) to ratify this issue. Connect the cable, fix the internet, give you an assigned parking space as per your agreement (and you better make sure you agreement states these things). Do not 'threaten' per se, but be firm, let them know you want to continue living there, and that you are a good tenant. Let them know that if they do not comply, you will be seeking a Dispute Resolution with the tenancy branch.

If they do not comply or give you proof that they have made the arrangements to fix the problems, I would go to the tenancy branch and file for a DR.

What NOT to do:

Hold back you rent or even hold back a portion of your rent. IF you want to do so, you need to file a DR first and until your case is heard, you pay the tenancy branch. The branch holds your rent payments 'in trust' and will release them or a portion of them when your case is resolved. If you do not do this and just simply hold your rent back (or portion of), your landlords can give you an eviction notice. When they do, you will not be able to fight it and you will be evicted.

Few people know about this system and I have often had tenants threaten not to pay unless x, y, and z are done...I just simply tell them they may want to investigate how that system really works. If you expect your landlords to abide by your agreement and the act, then you need to do the same.

Noise:

Noise is always an issue whenever new people are introduced to the situation. Unless you are on the top floor of a place, you are going to hear noise. So, when does the noise become excessive? When it effects the quiet enjoyment of your residence.

Now, in the act there are a lot of sections that are rather wishy-washy and the term 'reasonable' is tossed around a lot. Unfortunately, this is one of those sections. Your best bet would be to talk to them or send them a formal letter. Try to be friendly, don't go on the attack, and try to be reasonable. They just moved in....are they still un-packing? Are they doing renos? Could this possibly be temporary?

Again, if this become a massive problem, this matter can be brought to a DR case....but, it is not likely going to solve the problem. Some people are just loud. Some people just don't understand that others are living close to them.

So, in regards to the noise....your only hope is to talk to them and hope they get it.

How do they feel about you? Do they want a tenant? Have they ever given any indication they are, at some point, going to need that space? Do you think they are trying to squeeze you out?

If it would make you feel better (and, I'd probably recommend it anyway) you should sign a new tenancy agreement with them. This way, everyone is clear about what is included, etc.

Also, you may not want to and you may not want to hear it...but some times in private rentals such as this, it may be easier to move. But, if it were me, I would take a crack at DR first.

Let me know if you have any more questions

he already mentioned he has not contract stating he is entitled to cable etc... only verbal, which is worthless

[dinosaur]

Originally Posted by snails

ive never had a case where Shaw or Telus take more then a couple weeks, i could be lucky... but 4 fcking months, also i didn't mention this, im silent, i work in morning, come home and change and out the door again, usually home late in the night, essentially a perfect tenant, anyone have a place to rent in surrey/langley

Check out superSandhu's thread right below this one....

[dinosaur]

Originally Posted by BlueG2

he already mentioned he has not contract stating he is entitled to cable etc... only verbal, which is worthless

was included in the original lease. everything goes back to the original lease and when i someone buys a new property they assume existing contracts unless otherwise stated in the sale documents.

[snails]

thanks dinosaur! that cleared up alot for me, its always been hard to talk to them as im never home and they are home pretty late at night as well, i dp personally feel as if they owe me at this point, but getting it straightened out is my priority obviously.

as goes for them squeezing me out of the location that's not likely, its a small family in a very large house.

also forgot to mension, they are a brown family so there is a language barrier ive had to deal with and me being a young guy i dont think they feel the need to have respect for me

[dinosaur]

Some people just don't understand how to have tenants or how to deal with tenants.

Maybe they just need to hear that you know what you are talking about to get their act together. When most people hear 'court', they fix shit pretty quick.

[Spidey]

was the previous agreement actually on paper though, or was it just verbal... Either way, i would move if there are so many issues with the new landlord.. they obviously don't want a renter below them

[Gridlock]

There is an avenue for the new landlords to remove things that were included previously, but they need to reduce the rent by the amount of that service.

So: If they previously provided basic cable, and no longer wish to do so, then the rent gets reduced by the amount of basic cable...not, 1/2, not 3/4. You need to go and get your own cable connection, so ultimately, you should be made whole by the $30 a month or whatever.

Chances are, they bought the house and they've never had tenants before. You might need to "educate" them in how a few things work. The one thing that is NOT going to work is going up and putting a finger in their face and being "you owe me blah blah blah" as that just creates an adversarial relationship.

Here's my deal on these types of conversations. I know what I need to provide. I've had tenants start swinging their dick around with their vast knowledge of the tenancy act. It sets a tone. The funny thing is, they are almost ALWAYS wrong. People don't realize it changes by the province, or hear things from friends or whatever, but I've NEVER had someone educate me on something in the act. I may not remember a number, or a dollar figure, but I'm pretty clear on the rules.

So to have someone sitting there educating me..and doing so wrongly, and not listening to me when I say that's incorrect, and here's why just really annoys me.

But that's part and parcel of the job. So my advice is to have a genuine conversation regarding the issues.

[snails]

in reply to gridlock, alright i understand what you are saying, and i have talked to them multiple times, more formal and assertive each time, just short of writing an agreement, is there a case where i can get money back from stuff not provided for previous months? not that im cheap or anything but they need to get the hint, and if they dont lose anything by me deducting cable or internet from rent from now on i dont see them in a rush to fix it thus i want to penalize them for months prior but not in a large amount, just enough for them to take me more seriously

[Gridlock]

Originally Posted by snails

in reply to gridlock, alright i understand what you are saying, and i have talked to them multiple times, more formal and assertive each time, just short of writing an agreement, is there a case where i can get money back from stuff not provided for previous months? not that im cheap or anything but they need to get the hint, and if they dont lose anything by me deducting cable or internet from rent from now on i dont see them in a rush to fix it thus i want to penalize them for months prior but not in a large amount, just enough for them to take me more seriously

Well, if you feel that you can't come to a resolution between yourself, and them, then its time to file for a dispute resolution. It doesn't always need to be a matter of eviction, it can be just that...a dispute that needs to be resolved between 2 parties.

If you want compensation for previous months, and either services restored or rent adjusted to compensate, then you file a dispute with the branch and have a hearing.

Just be warned...they may not like it, and life may not be comfortable. You thought they were loud before? Just wait.

[saucywoman]

Also if you let them know in a nonthreatening way about the stuff needing from the previous lease being grandfathered in and state that you don't want to have to go to court, but if they don't comply with the arrangements or deduct them off the rent then you have no choice. Chances are(sorry to brown people) but if theyre over 30 and have a language barrier they probably aren't claiming the rent as extra income and won't want to get courts involved and will comply
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[6793026]

as an agreement, it's black and white and it's not subjective.

do they have internet, yes. you can't state you want always 4 bars with min. 50MBPS etc. It doesn't work and you won't win.
parking and spots, well it's reality and it's life, you do have a spot but there will always be people behind you and that's just reality. you can't say you want one spot but i want to have no guest coming near my spot.

just be nice about the internet and setup your own. as for cable, it's telus's fault, nothing they can do.

[snails]

Originally Posted by 6793026

as an agreement, it's black and white and it's not subjective.

do they have internet, yes. you can't state you want always 4 bars with min. 50MBPS etc. It doesn't work and you won't win.
parking and spots, well it's reality and it's life, you do have a spot but there will always be people behind you and that's just reality. you can't say you want one spot but i want to have no guest coming near my spot.

just be nice about the internet and setup your own. as for cable, it's telus's fault, nothing they can do.

agreement was for hardwire access internet, they said they would set up a good wireless system because its easier and cheaper, they failed to do so, i get better recpetion from neighbors wireless system "unfortunatly no password for those, and the driveway cant fit cars behind eachother, parking on a sidewalk is illegal, and its not telus fault that these fcks take 4 months to get it going, i know people have bad experience but never once have i heard of it taking more then a few weeks, they call enough times telus will get off their ass

[dinosaur]

You should really call the Tenancy Branch...they are a great source of info and they will be able to tell you exactly what your rights are. Have all your papers in front of you and explain everything from the beginning. This way, when you have your meeting with them, you will be fully prepared.

Let us know how it goes

[jerkstore]

If worse comes to worse and you have to find a new place. Use this site: www.padmapper.com

Really awesome site. Helped me find a perfect place when I moved.

[dinosaur]

Padmapper is not as accurate anymore, I find.

However, CL is now using this feature with all its ads and its pretty handy!