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Amalia
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Landlord is selling the leased property. Help!

Sat May 07, 2011 6:03 pm

Please, advise on my friend's situation:

Last August, she signed a 1 year tenancy agreement until July 30th.
April 20th, the rental agent informed her that the unit is on MLS.

Since April 20th, my friend's life is a nightmare.
Selling agent shows the unit frequently and without a written notice - she just gives tel calls.

When my friend tries to discuss the situation and get a schedule, the agent pretends that she doesn't understand English very well (she is a Chinese lady).
My friend sends her the letters requesting to respect Tenancy Act and BC law, but gets no answer.
The selling agent just said that she doesn't like to use an internet.

Communication with the selling agent gets extremely difficult - basically, she is just doing whatever is convenient for her and her clients.
The selling agent even asked my friend to provide her security fob while she is showing around the building. The owner didn't give the selling agent a security fob (it costs $60 and the owner doesn't want to spend extra money).

My friend is working at home on her computer. Because of the showings and distractions, she could not concentrate on the job and her employer informed her that she could be fired.

My friend got very upset and decided to break the lease ASAP, but how it can be done?
The owner doesn't care about the situation and does not want to end the lease by mutual agreement.

Please, help. Any advice would be highly appreciated.
Last edited by Amalia on Sat May 07, 2011 6:19 pm, edited 1 time in total.
 
rofina
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 6:18 pm

Stop paying rent and stay in the unit. The landlord is helpless in this situation. This is a poor deal all around but the tenancy laws are hugely in favour of the tenant, not to mention the landlord is blatantly breaking the tenancy agreement. Don't respect agreement, don't get paid.
 
Amalia
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 6:26 pm

rofina, thank you for your reply.
The problem is that my friend works at home on her computer.
They do showings during daytime while she is working and distract her.
My friend feels that the only way to save her job is to move out.
 
franksin
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 7:04 pm

Your friend has the right to refuse the showings if not given proper notice and approval and your friend should do this so that she doesnt get take advantage of. The realtor should try and schedule alot of appt's at a time to minimize the amount of showings for all parties. As renter she has to stand up for her rights and not let an aggressive realtor do what she wants to do

Not Paying the rent is not a good idea. LL could issue a 10 day notice for failure to pay rent, and can be evicted if not paid in 5. If she wants out quickly - yeah sure but the LL might go after her credit rating
 
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semven
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 7:19 pm

Complain to the Real Estate Agency the Realtor works for..Then the Board
 
Amalia
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 7:58 pm

Semven, I also recommended her to do so, but she isn't sure that it is the best solution for her.

She feels tired to fight with these people and wants to move out on May 31st (May is paid), she feels OK loosing her security deposit.
My concern is that they could be after her requiring to pay until end of the Lease which is an end of July.
 
Amalia
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 8:08 pm

franksin, yes, she wants move out ASAP which is on May 31st.
Are you sure that it is so easy for a LL to lower a credit rating? Shouldn't LL sue first and then will be able to lower a credit score?
 
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Thompson
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 9:32 pm

rofina, thank you for your reply.
The problem is that my friend works at home on her computer.
They do showings during daytime while she is working and distract her.
My friend feels that the only way to save her job is to move out.
Actually, Rofina is right. Stop the payment and change the lock, and go to the arbitration (only $50, and you can get it back)! It's very easy to do, and I believe it is the only way to deal with this kind of landlord and agent. Unbelievable ( are you sure you didn't miss anything? :) ).
 
VanLord
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Re: Landlord is selling the leased property. Help!

Sat May 07, 2011 10:16 pm

Change the locks, do not give the fob to the realtor.

Since the owner hasn't given you proper notice (24hr notice) to enter the suite, she has the right to change the locks per the residential tenancy act.
 
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jesse1
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Re: Landlord is selling the leased property. Help!

Sun May 08, 2011 5:53 am

Your friend is being bullied. Before doing anything else, what is she prepared to do? It sounds like she wants to avoid confrontation so the good suggestion of simply changing the lock to get landlord's undivided attention sounds good but it costs $100-200 to do it (unless you do it). She then needs to deal with Realtor and owner who will be pissed off. Is she prepared for that?

If your friend is unwilling to be assertive she will be helpless no matter what. Want an easy face-saving "everybody wins" answer. Sorry. Not going to happen. But... Since she is a female, I would recommend calling the police and change the locks. Cite she is feeling very unsafe having strange people showing up without her permission. That will get the police's attention as domestic disputes generally annoy them but if your friend legitimately feels scared they love making the other side feeling scared as they can. It is fun to watch.

So, FWIW, change the locks. Next time LL/Realtor show up and bang on the door, call 911 and write the previous problems down when the cops arrive so she doesn't forget anything. Highlight she feels unsafe and 24 hour notice and fair enjoyment are compromised. When cops are there they will understand English fine.

Not fun. But neither is life.
 
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jesse1
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Re: Landlord is selling the leased property. Help!

Sun May 08, 2011 6:06 am

Fair use by Realtor should be no more than 30min-1hr every day and that is likely way on the high side. Given yout friend's line of work they need to find mutually beneficial time. If viewings regular on daily basis she can ask for set times of day for viewings. Would help her schedule work around the showings instead of constant disruption.

Breaking lease will be hard with these people though she can ask. Given LL too cheap to spend $40 on fob do you think they will give any quarter on the lease? Not paying rent will be troublesome and I would not recommend it. JMHO
 
franksin
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Re: Landlord is selling the leased property. Help!

Sun May 08, 2011 6:38 am

It depends on what information she gave the landlord when entering the agreement. Did the landlord do a credit check? Did she give her SIN?
I know it is possible to go after credit, but I have never had to go that far.

Your friend does need to be more assertive and refuse entry.
 
Amalia
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Re: Landlord is selling the leased property. Help!

Sun May 08, 2011 7:02 am

If your friend is unwilling to be assertive she will be helpless no matter what. Want an easy face-saving "everybody wins" answer. Sorry.
Everyone is different, guys. She is a nice woman and always have been very friendly and helpful to people, it is difficult for her to get aggressive and fight.
She will not change the locks, call police etc.

She made a decision to move out on May 31st.

She would like to end the lease by mutual agreement, the problem is that the owner doesn't care.
Seems to me, leasing agent is playing the game - she also doesn't respond on emails like a selling agent.

My friend did NOT provide her SIN, they did not do her credit check on signing the lease.
Last edited by Amalia on Sun May 08, 2011 2:42 pm, edited 1 time in total.
 
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jesse1
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Re: Landlord is selling the leased property. Help!

Sun May 08, 2011 7:25 am

She will not change the locks, call police etc.
So what are you asking for, exactly? She is going to get kicked around by people like that. Just saying, this will not be the last time.

She cannot break the lease easily without providing funding to the landlord to re-let the unit. She will not get back her damage deposit. The landlords may sue if they can track her down. Any of the reasons she gives for lack of enjoyment or violation of the Tenancy Act are not documented and cannot be used as future evidence to justify her vacating or withholding rent. Maybe moving out is her best option but there are risks even if she wants to be nice and avoid conflict.

I would at least suggest she sends a letter to the landlord via registered mail and keep all documentation of communication attempts. If she is sued (unlikely) she has some grounds to make the impact less severe. I would still document that she feels unsafe, even if not necessarily accurate, in any correspondence to the landlord. A breach of safety doesn't look good in front of a judge, and ESPECIALLY if it isn't addressed by the other party!

Good luck!
 
VanLord
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Re: Landlord is selling the leased property. Help!

Sun May 08, 2011 10:45 am

If she breaks the lease, there will be very little the landlord can do. She will lose her damage deposit, but since she has already written that off, then just leave and move on.

Very unlikely that the landlord will sue, that would require going to the RTB getting an order that the tenant owes money for the full lease, and then going to small claims, sueing and collecting. This is very time consuming. its much easier to re-rent the place and / or sell it.

The RTB will not rule for the tenant to pay the entire lease as the landlord should be able to rent the place and recover the loses. The worst case would be having to pay June rent and losing the damage deposit.

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