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Vancouver Off-Topic / Current EventsThe off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum.
Have a friend who's moving into his unit that he had rented out for last few years. He gave his tenant 2 month's notice but tenant disputed it with RTB and wants landlord to prove he will be actually moving into the unit.
Anyone know what kind of proof the arbitrator would require? It would make sense if she went to RTB after she moved out and he never moved in, but not sure how to prove beforehand.
Did he get a letter from RTB requiring proof? If not, proceed with moving in on date of possession
RTB32 form does not require any proof of "moving in"
No, the hearing won't be till January or February. It says online that the onus is on the landlord to prove that they will move in. No idea how to prove this
No, the hearing won't be till January or February. It says online that the onus is on the landlord to prove that they will move in. No idea how to prove this
Where is friend currently living? If they're currently renting, then notice to end that tenancy would be proof. If they're selling that other place they're living in then sales documentation... etc. Things of that nature.
If the tenants have correctly filed dispute with RTB, then no they can't do as Donk suggests and " proceed with moving in on date of possession" Your friend will have to await the results of their hearing before they can do anything now.
Lol.. having to prove you’re moving into a unit you own.
Yay for communism?
If you own two homes, and you’re leaving one to move into the other, why should that be a problem for anyone? Like this shit is a joke lol if the home you’re leaving rents for more than the one you’re moving into, then it shouldn’t translate into some sort of grievance for the person renting your lower rent property.
Also in that case, if the old tenant lived there for 3-4 years and he’s been a decent landlord, and now you try and pull this shit, good luck getting a reference for your next rental.
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Dank memes cant melt steel beams
Oh the irony of someone who in another thread literally explained how he would do a bad faith eviction to get higher rent how easy that would be, now complaining that the eviction process is more difficult...
Govt. at all levels have created this issue. If there wasn’t a demand where you could boot a tenant out and get double the rent then this scenario would -never- arise
Crazy what happens when 2 million people move in and there’s what, 30,000 additional homes for those people? Lol
So now the person who owns the property suffers the consequences of piss poor management of housing? To the point where they can’t even move into a unit they own? Lol
As much as turd hates Russia, we sounding a lot like the Soviet Union these days hehe
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Dank memes cant melt steel beams
No, the hearing won't be till January or February. It says online that the onus is on the landlord to prove that they will move in. No idea how to prove this
Fuck me
Clear case of tenant squeezing as much cheaper rent out of a landlord as possible.
Sep 2 month eviction, Oct/Nov, plus Dec, Jan, and maybe Feb. Then 30 days for a decision possibly stretching into March.
I feel bad for your friend
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No, the hearing won't be till January or February. It says online that the onus is on the landlord to prove that they will move in. No idea how to prove this
Get a notarized letter as it will legally bind your friend to move into the unit.
A notarized letter will become common place very soon.
No, the hearing won't be till January or February. It says online that the onus is on the landlord to prove that they will move in. No idea how to prove this
mail / bills sent to that address and showing hardcopy proof of that? that's the only thing i can think of.
Richmond landlords accused of ending a lease so they could sell their unit were ordered to pay the tenants almost $19,000 in compensation.
Tenants of the Richmond unit took the landlords to the Residential Tenancy Branch (RTB) after discovering the property on the market around three months after they moved out.
In an RTB decision issued last month, the tenants claimed the landlords terminated the lease in bad faith and asked for 12 months’ rent in compensation.
“The tenant stated that they were evicted at the peak of the resale and rental markets, which cost them a significant amount of money, as their new rental unit was 45 per cent more expensive,” reads the decision.
The tenants moved out in July 2022 after the landlords served them a two-month notice to terminate the lease so their son could move into the unit.
According to the tenants, they later found the unit on sale in October of the same year, and the listing agent told them it was possible to get a quick closing date because the unit was vacant.
They claimed the landlords’ son did not move in within a reasonable date. They believed he never intended to do so and he only moved in after they filed an application with the RTB and the landlords wanted to avoid paying compensation.
The tenants added the unit was renovated for the purpose of selling it because “they had asked for similar renovations and repairs throughout their lengthy tenancy, without success.”
The landlords, on the other hand, claimed they terminated the lease because their son and his partner were originally planning to move in.
They claimed the circumstances changed when their son and his partner broke up, and their son wanted to find another place closer to his workplace in Burnaby instead.
“The landlords and (their son) stated that several months of renovations to the property were being done in anticipation of the agent’s occupancy of the rental unit, but when plans changed, the property was put on the market for sale instead,” reads the RTB decision.
The landlords told the RTB they received the tenants’ application for compensation in October and cancelled the listing.
Their son then moved in between October and November and has been paying $1,000 per month in rent ever since.
The landlords denied having served the two-month notice in bad faith and said they were “accommodating landlords” because they chose to issue the two-month notice rather than a one-month or 10-day notice.
They added they wouldn’t have to terminate the tenancy for the sale because the new owners could have taken over as the landlords.
They also claimed they didn’t know the listing agent the tenants mentioned and said the unit’s preferred possession date was May 2023.
The RTB adjudicator sided with the tenants and concluded it was more likely than not that the landlords’ son did not intend to move into the unit when the two-month notice was served.
The adjudicator also found the landlords would not have removed the listing if the tenants hadn’t apply for compensation, and their son would not have moved in as a result.
The landlords and their son failed to submit evidence to prove their son had meant to move into the unit at first, said the adjudicator, and they also failed to prove the renovations were made for the benefit of the son.
The adjudicator decided it was “more likely than not” that the son only moved in to “reduce the likelihood that compensation would be owed by the landlords to the tenants,” and the landlords failed to prove they took steps within a reasonable period to accomplish the purpose set out in their two-month notice.
According to the Residential Tenancy Policy Guideline, a reasonable period for a landlord or their close family to begin using a unit depends on specific circumstances but is usually a short amount of time such as 15 days.
As a result, the landlords will have to pay the tenants a total of $18,720 for 12 months’ rent and reimburse them $100 for the RTB filing fee.
Just tell your friend to provide a sworn affidavit that he's moving in, it's that simple. The arbitrator nor the tenant can deny his claim.
The issue is the rtb hearing will take a long ass time.
Make sure your friend serves the tenant with a 10 day notice if he doesn't move out on the requested day and follow those steps.
That way when you have the hearing, you can also ask for a writ of possession.
I wonder if the future play will be to call the RTB, tell them you will be evicting the tenant, send them a copy of the notarized letter in advance so they have it in their records, and THEN serve notice.
If the tenant disputes, the RTB will already have a copy of the letter.
I wonder if the future play will be to call the RTB, tell them you will be evicting the tenant, send them a copy of the notarized letter in advance so they have it in their records, and THEN serve notice.
If the tenant disputes, the RTB will already have a copy of the letter.
That wouldn't matter, RTB can't make a ruling until the hearing date, so it doesn't matter. Also, the RTB will not accept evidence prior to a complaint as there is no file to submit it to.
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