Quote:
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
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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
