Fussy Tenant

[skiiipi]

This is for Dinosaur and Gridlock....

Its kind of opposite to the thread, but I didnt want to make a new one.....
I am 5 weeks into my tenancy agreement in a basement suite in fort mac.
My landlords seems to be a first time landlord given that this was a brand new suite when I moved in.

During my first few weeks, I found that he was in my suite A LOT when I am not home, his excuse was that he needed to check on the furnace or some bull shit like that. I live in a legal basement suite, so i have a separate furnace from his main unit.

A few times he had mentioned that I need to turn off my lights when I am not home...and one time, I was home, but I left the stair well on, and I caught him entering my suite from the main floor door and turning off my main stairwell lights.

Today he sent me a text saying he saw my bathroom light and my bedroom light on when I am not home and told me that I need to turn off my lights when I am not home. While I admit, I might have left in a hurry this morning and I left the light on, but i am sick of him entering my suite to "check up" on it.

Honestly, he has it easy, I'm at work 6 days a week 12-14 hours per day, I dont drink or smoke, and I live alone. I pay $2500/month for a basement suite that includes utilities, cable and internet. I try to be as considerate as possible and not watch tv loudly or even have music playing after 10pm.

Anyways, so today I finally got frustrated and asked him to give me the respect and courtesy of a 24 hour notice prior to entering my suite. And his response was "if you are not happy here, you are more than welcome to move".

The thing is, I am super busy with work right now that I do not have time to move, my move up here was fully compensated for by my company, and if I were to move out it would be out of pocket. Plus I live in a market where it is hard to find a rental suite (Fort Mac)

I have a 1 year lease with him, is there anything I can do to keep this guy out of my suite while still living here for the remainder of the year?

I already agreed to paying him rent in cash every month so he doesn't need to claim taxes, but I might stop that not since its not a requirement as per my tenancy agreement, and I rather not get screwed by him claiming that I did not pay rent.

Any advice to dealing with an 'overprotective' landlord?

TIA

[meme405]

Originally Posted by skiiipi

This is for Dinosaur and Gridlock....

Its kind of opposite to the thread, but I didnt want to make a new one.....
I am 5 weeks into my tenancy agreement in a basement suite in fort mac.
My landlords seems to be a first time landlord given that this was a brand new suite when I moved in.

During my first few weeks, I found that he was in my suite A LOT when I am not home, his excuse was that he needed to check on the furnace or some bull shit like that. I live in a legal basement suite, so i have a separate furnace from his main unit.

A few times he had mentioned that I need to turn off my lights when I am not home...and one time, I was home, but I left the stair well on, and I caught him entering my suite from the main floor door and turning off my main stairwell lights.

Today he sent me a text saying he saw my bathroom light and my bedroom light on when I am not home and told me that I need to turn off my lights when I am not home. While I admit, I might have left in a hurry this morning and I left the light on, but i am sick of him entering my suite to "check up" on it.

Honestly, he has it easy, I'm at work 6 days a week 12-14 hours per day, I dont drink or smoke, and I live alone. I pay $2500/month for a basement suite that includes utilities, cable and internet. I try to be as considerate as possible and not watch tv loudly or even have music playing after 10pm.

Anyways, so today I finally got frustrated and asked him to give me the respect and courtesy of a 24 hour notice prior to entering my suite. And his response was "if you are not happy here, you are more than welcome to move".

The thing is, I am super busy with work right now that I do not have time to move, my move up here was fully compensated for by my company, and if I were to move out it would be out of pocket. Plus I live in a market where it is hard to find a rental suite (Fort Mac)

I have a 1 year lease with him, is there anything I can do to keep this guy out of my suite while still living here for the remainder of the year?

I already agreed to paying him rent in cash every month so he doesn't need to claim taxes, but I might stop that not since its not a requirement as per my tenancy agreement, and I rather not get screwed by him claiming that I did not pay rent.

Any advice to dealing with an 'overprotective' landlord?

TIA

I'd say hold the cash thing over his head, try to leverage a deal with him.

Just remember he has no grounds to evict you judging by what you are saying, and as you stated yourself he cannot enter the suite without at least giving you notice, explain this to him and if it persists explain to him you are well within your legal rights to report him to the tenancy board.

The tenancy board has given the renters a lot of rights in this area, and they wholeheartedly stand by them. So if this ever escalates I see no reason they would not side with you.

EDIT: oh and i looked it up, you can leave all your lights on 24/7 if you want and he can't do fuck all about it.

[dinosaur]

Originally Posted by meme405

I'd say hold the cash thing over his head, try to leverage a deal with him.

Brilliant advice given if you are planning on being evicted!


Now for real advice....

First, as you are aware, a landlord must give you 24 hours notice to enter your suite. Furthermore, a landlord can not give you this notice and enter more than once within 30 days unless there is an emergency (fire, flood, needs access to electrical panel, etc.).

If I were you, I would write a letter to the landlord stating that you require proper notice and should he fail to do so, you will file a dispute resolution. I would also include this: http://www.rto.gov.bc.ca/documents/F...ts/RTB-107.pdf

Do not move. If he continues to enter your suite, record the time, date, and evidence you have that would indicate he is still doing so. You can file a dispute resolution (online as you are up North) where a judge will rule that he is in the wrong. There is a monetary penalty for landlords who do this. "Court" is on the phone which is beneficial for someone in your position. Of course, this is the worst case scenario. Writing a letter and including branch documents should be enough to scare him.

And, here is something EVERYONE should know:

You are NEVER allowed to personally hold back rent for ANY reason. When a situation arises where is may seem okay to do so (damages to your property, repairs need to be done, supplies you have bought, etc.) you must file a Dispute Resolution with the branch PRIOR to rent being due. You then pay the Tenancy Branch your rent where it is held In Trust until your court date.

If you hold back you rent without doing to above, you will lose any case you file and you will be evicted.

[dinosaur]

Also, if you are paying in cash, you better be getting proper receipts.

They landlord is also not allowed to restrict "ways" of paying (with exception to methods such as credit cards, direct deposit, etc.). He must accept cash or cheques (money orders included).

[dinosaur]

Soooooooo.....when I skimmed your post I thought I read Fort St John.

The information I gave was based on the Tenancy Act of BC. You will need to check the Tenancy Branch of Alberta for correct info as they Acts vary greatly between provinces, my bad!

[dinosaur]

Here you go....print this and give it to him:

http://www.servicealberta.gov.ab.ca/...T_OF_ENTRY.pdf

[meme405]

Originally Posted by dinosaur

Brilliant advice given if you are planning on being evicted!

How so? i'm not saying don't pay him, I am saying tell him you are going to start paying via cheque, and then he will realize that he will have to claim tax on that, something he is obviously not doing right now (thats his choice).

As you stated yourself he cannot evict you for choosing to pay him in a different form, money is money and he has to take it unless it inconveniences him in some way (you can't pay him in nickles and dimes...)

[Gridlock]

I toured a suite once where he was a "cash is king" guy. Didn't like him or his "fo and leave me alone basement rat" attitude either. I would still want a receipt for the rent, and I'd like to know that his tax benefits are reflected in the rent I'm paying, you know?
Posted via RS Mobile

[MindBomber]

In case you start feeling spiteful, skiipi.

Informant Leads Program

[skiiipi]

Originally Posted by dinosaur

Here you go....print this and give it to him:

http://www.servicealberta.gov.ab.ca/...T_OF_ENTRY.pdf

Thanks a lot, I will hold this in my back pocket until the next time I catch him in my suite. In the mean time, I guess I'll double check my lights to make sure they are all turned off before I leave for work and hopefully he leaves me alone.

I simply send him a polite text last night that I would really appreciate the 24 hour notice unless it is a legit emergency.

Is there a template I can print out for the landlord to fill out so I get a proper receipt for cash payment in rent? I don't mind paying cash, as long as I don't end up getting screwed over somehow.

Thanks a lot for the help!

[skiiipi]

Originally Posted by meme405

EDIT: oh and i looked it up, you can leave all your lights on 24/7 if you want and he can't do fuck all about it.

Thanks, do you by chance have the source for this?
Not that I will intentionally do it, but if I leave for work in a rush and forget a light and he bugs me about it again, I want to show him something that will tell him to get off my back.....

[dinosaur]

No, your landlord can go to the dollar store (if there is one up there) and buy a receipt book...hand him cash...he gives you receipt. Its just like a store.

In regards to the lights, I know you don't HAVE to turn your lights off but just try and turn them off....you seem like a real good guy so I doubt you do it to be a dick and I doubt you will leave them all on on purpose now. Maybe write a "TURN OFF LIGHTS" note on your front door so you will see it before you leave

[subordinate]

Originally Posted by dinosaur

No, your landlord can go to the dollar store (if there is one up there) and buy a receipt book...hand him cash...he gives you receipt. Its just like a store.

In regards to the lights, I know you don't HAVE to turn your lights off but just try and turn them off....you seem like a real good guy so I doubt you do it to be a dick and I doubt you will leave them all on on purpose now. Maybe write a "TURN OFF LIGHTS" note on your front door so you will see it before you leave

Anyone anal about lights being on, worth a couple of bucks a month, is spelling trouble in the long run.

Skiipi is paying his rent on time, barely at home, and can't even leave a light on?

Crazy I tell you. The first mistake was not getting receipts. Unfortunately, I bet the landlord will already be suspicious about the receipts and promptly say no to them. Unless he's an idiot?

And I wouldn't have sent the text to him, I think it's better in person to tell him, "hey, I'd really appreciate 24 Hours unless its' an emergency; I mean, I need some privacy right? What if I have my pants down....."

[dinosaur]

I'm not saying he has to turn his lights off....I'm just saying he should avoid perpetuating the problem. Furthermore, if the landlord is using this as an excuse to snoop, take that excuse away. If the landlord continues to to enter and complain about mundane shit, the problem is bigger than the lights.

Buddy can do what he want...he can turn on every device, appliance, electronic, light, etc. on in his suite and leave for the weekend....but, if he wants a good relationship with his landlord, that wouldn't help.

At the end of the day, what your landlord is doing is wrong. Telling him is requires 24 hours notice along with everything else that has been discussed here with HOPEFULLY solve the issue.

[Lomac]

Shit. If the landlord freaks out about a lightbulb staying on, I wonder what he would say about me leaving my rendering computer running 24/7... On the plus side, it throws off enough heat that I would never have to pay for a heating bill ever again...

[subordinate]

Originally Posted by Lomac

Shit. If the landlord freaks out about a lightbulb staying on, I wonder what he would say about me leaving my rendering computer running 24/7... On the plus side, it throws off enough heat that I would never have to pay for a heating bill ever again...

agreed.

That's what I was getting to Dino. I'm all for trying to turn off the lights, etc, to avoid the potential conflict.

But if I get a warning each time about such a small thing, what's next? Take out the plugs from the outlets if I'm not using them?

[skiiipi]

Originally Posted by dinosaur

No, your landlord can go to the dollar store (if there is one up there) and buy a receipt book...hand him cash...he gives you receipt. Its just like a store.

In regards to the lights, I know you don't HAVE to turn your lights off but just try and turn them off....you seem like a real good guy so I doubt you do it to be a dick and I doubt you will leave them all on on purpose now. Maybe write a "TURN OFF LIGHTS" note on your front door so you will see it before you leave

Originally Posted by subordinate

Anyone anal about lights being on, worth a couple of bucks a month, is spelling trouble in the long run.

Skiipi is paying his rent on time, barely at home, and can't even leave a light on?

Crazy I tell you. The first mistake was not getting receipts. Unfortunately, I bet the landlord will already be suspicious about the receipts and promptly say no to them. Unless he's an idiot?

And I wouldn't have sent the text to him, I think it's better in person to tell him, "hey, I'd really appreciate 24 Hours unless its' an emergency; I mean, I need some privacy right? What if I have my pants down....."

Originally Posted by dinosaur

I'm not saying he has to turn his lights off....I'm just saying he should avoid perpetuating the problem. Furthermore, if the landlord is using this as an excuse to snoop, take that excuse away. If the landlord continues to to enter and complain about mundane shit, the problem is bigger than the lights.

Buddy can do what he want...he can turn on every device, appliance, electronic, light, etc. on in his suite and leave for the weekend....but, if he wants a good relationship with his landlord, that wouldn't help.

At the end of the day, what your landlord is doing is wrong. Telling him is requires 24 hours notice along with everything else that has been discussed here with HOPEFULLY solve the issue.

Yea, i feel that he is using he light as an excuse to enter my suite, but yea I honestly dont intentionally leave the lights on, its just some mornings I am in a hurry and accidently leave 1 light on in the bathroom or smth.

But yea this time was the first time that I gave him any sort of push back about coming into my suite without notice....he has done it a few times in the past, but this time he caught me on a bad day that I actually decided to a) respond his text and b) come to revscene for advice and I'm glad that I did.

I will mention the receipt part to him when I give him my rent next week....I will be giving him my rent for Nov early (on the 22nd) as I am out of town from the 22nd to the 2nd of Nov, and I'd rather not be 1 day late, but yea I think I would like to have the peace of mind that I get a receipt, so I don't return on the 22nd to find all my stuff outside cause he claimed that I didn't pay rent or something.

I am also thinking of motion sensored security camera at the stair well where he usually comes in (there is a door that opens from his main floor, there is a deadbolt on his side, but no way for me to lock it on my end. Just so I can have some proof if he decides to come in and snoop.

Also I know for a fact that he ha been in my suite before a few times, because I would always come home to find sometimes new "additions" to my furnished suite, like a new (used) coffee table in my tv room, or a new floor mat in my stairwell.....I didn't say anything as I appreciated the kind gesture, but now I am starting to think that its an excuse for him to snoop.

[subordinate]

Does this guy have a family?
Sounds creepy to come down to leave "additions"

Getting receipts is one way...but I might want to be more covert.
Tell him you are having cash issues / or have to run out of town shortly, and e-transfer him the money?

And in the details section, put, October 2013 rent money?

If he accepts it, I mean, the proof is in the pudding right there.

If the receipts idea doesn't work, or you rather not take that route?

- this only works if he has online banking tho...unfortunately.

[skiiipi]

Originally Posted by subordinate

Does this guy have a family?
Sounds creepy to come down to leave "additions"

Getting receipts is one way...but I might want to be more covert.
Tell him you are having cash issues / or have to run out of town shortly, and e-transfer him the money?

And in the details section, put, October 2013 rent money?

If he accepts it, I mean, the proof is in the pudding right there.

If the receipts idea doesn't work, or you rather not take that route?

- this only works if he has online banking tho...unfortunately.

Yea i would prefer to e-transfer him the money too, cause since my daily withdrawal limit is $500, i either have to go into the bank during operation hours, or take out $500 everyday for a week to get enough $ to pay him.

Yea he is a middle aged east indian guy, with a family, 1 young daughter, he is a civil engineer for Syncrude, and he got his Degree from University of Calgary.

We kinda did a mutual interview before he agreed to rent to me, and I agreed to rent from him....he seemed like a well educated, professional guy....but he is coming across as a stingy landlord that obviously have little or no trust in me.

Keep in mind, to get this place, I had to pay 1 month security deposit + 1 month rent up front.....(I just read Dino's stickie which said the max security deposit is 1/2 month, but it seems like in Fort Mac, everywhere ask for a full month rent as damage deposit, so im guessing maybe in Alberta it is okay?) Also I gave him my record of employment + proof of salary up front so he knows that I can afford his place....and isnt some unemployed bum that is going to trash the place.

[Inaii]

Originally Posted by skiiipi

Yea i would prefer to e-transfer him the money too, cause since my daily withdrawal limit is $500, i either have to go into the bank during operation hours, or take out $500 everyday for a week to get enough $ to pay him.

Yea he is a middle aged east indian guy, with a family, 1 young daughter, he is a civil engineer for Syncrude, and he got his Degree from University of Calgary.

We kinda did a mutual interview before he agreed to rent to me, and I agreed to rent from him....he seemed like a well educated, professional guy....but he is coming across as a stingy landlord that obviously have little or no trust in me.

Keep in mind, to get this place, I had to pay 1 month security deposit + 1 month rent up front.....(I just read Dino's stickie which said the max security deposit is 1/2 month, but it seems like in Fort Mac, everywhere ask for a full month rent as damage deposit, so im guessing maybe in Alberta it is okay?) Also I gave him my record of employment + proof of salary up front so he knows that I can afford his place....and isnt some unemployed bum that is going to trash the place.

Kepp in mind Dino's thread was for BC. I looked out of curiosity and found that Alberta can charge up to 1 month's rent.

AMOUNT OF SECURITY DEPOSIT
A security deposit cannot exceed what the tenant would pay for the first full month of the residential tenancy agreement. It cannot be increased at any time during the tenancy, even if the monthly rent is increased later.
(see the next section “Increase of security deposits”). If a residential tenancy agreement contains a clause that
requires a security deposit in excess of one month’s rent, that clause is illegal and unenforceable

http://www.servicealberta.gov.ab.ca/...Y_DEPOSIT_.pdf

[dinosaur]

Never forget that tenancy acts vary drastically b/w provinces. It is important for everyone to know their rights as a tenant.

[Gridlock]

You have to also keep in mind that some people think they are cut out for landlordin', and they aren't.

Especially if its someone in your basement.

I put blood, sweat and more blood into some apartment renos, finish everything up, it looks awesome, "well, it will never look this good again". Goes through my head every single time.

You got to let it go. If this guy is freaking over a light bulb and a quiet guy thats working all the time, I'd LOVE to show him a real tenant with real issues. I've got a guy named Jim that would just be a real treat.

[finbar]

I had a similar issue occur last month.
We were out of town for a week when the landlady (unstable) posted a 5 day notice to enter.
We have always granted access in the past and did not like this aggressive development.
A letter from the lawyer was effective.
We are in Van BC, YMMV.

I am dismayed to hear that you posted a notice on my door knowing that my husband and I are out of town. I am also disappointed that you are unilaterally announcing that you will show up at my home on Monday seeking to enter without my agreement. This is particularly concerning as we have been excellent tenants.

Under the Residential Tenancy Act, you have a right to access on notice for purposes that must be reasonable. Showing up the day we arrive back from vacation to “view the premises for showing” is not reasonable.

I would like to work this out with you amicably, as we are not intending to deny you access to the premises, but you are taking very aggressive steps. We have consulted our lawyer, and if you persist in saying you will unilaterally enter our unit without agreement, we will be applying to the Residential Tenancy Branch for orders that the locks be changed, that a monetary penalty be awarded against you, and that conditions be set on your right to enter the unit.

We will not be ready for you to enter Monday. We will not be turning off the alarm, and if you enter the police will be called and our lawyer will be filing an application seeking monetary penalties at the Residential Tenancy Branch. However, we are willing to allow you to enter on Tuesday, October 1, 2013 at 5:30pm, and to consult with you on a cordial basis for access from time to time if you need to show the unit.

Please let me know your response as soon as possible. I don’t want to escalate this, but your aggressive actions are leaving me no option.

[dinosaur]

You visited a lawyer for this? Over-react much?

If you go to the branch and file an dispute resolution, you'll lose. Also, no reputable lawyer will attempt to fight the RTA.

Good luck with that.

[finbar]

You visited a lawyer for this? Over-react much?

It's my home, all she has to do is call and we can come to an arrangement.
Her email implied a series of these notices were coming, pretty much walk in any time she wants.
So yes, much over reacting was had.

She has no filter and needs firm managing.

The letter straightened her out, I doubt the board will be involved now.

Here is an example of a good idea she had,


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