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View Full Version : How do you deal with an unfair landlord?


newfiee_chickk
Oct 31, 2010, 01:55 PM
I was out by my door having a smoke, and it was warm out but it was raining so I put my laptop just inside the door and left the door open just a little so I could hear my music, my landlord came downstairs and told us off for smoking dope in the house :S we were not even smoking dope, it was a canadian classic cigarette, and we were outside! and they smoke in the house so what would be the difference anyway? And when I tried to tell him that, he looked at me, pointed his finger in my face and said, 'This is my house, and you can consider this your notice, you don't **** with me!'!! I was in shock! I didn't even know what to say! What do I do about that? I can't afford to find a place just like that right now.
And that's not the first thing he has done like that, his wife came down one day and walked right in our apartment and we don't even know these people, only as our landlords, and started telling us off about using the washer too much, when we moved in the deal was that we could use it nighttime and they had it daytime, but most nights we have to go out to their wet clothes in the washer and dryer and some waiting to go in the washer, and they are all asleep so we have to do theirs before we can put ours through.
And another thing I don't think is fair, they have the smallest hot water tank you can get and we share it with the 7 people living upstairs.

ScottGem
Oct 31, 2010, 04:03 PM
You said you were "out by my door". Does your door open outside the building on inside? Did you lease say anything about no smoking? Is your lease currently in force or are you month to month. Where are you (ANY question on law needs to include your general locale as laws vary by area)?

As to the landlord entering your apartment, did she knock or just walk in? As to the water heater, if its up to local building codes then it not unfair.

excon
Oct 31, 2010, 04:05 PM
Hello n:

You're going to have to move, whether this is a good time or not. Who wants to rent from a jerk like that anyway?

excon

Fr_Chuck
Oct 31, 2010, 05:36 PM
So move, some landlords are better than other

newfiee_chickk
Oct 31, 2010, 08:23 PM
Good point lol

newfiee_chickk
Oct 31, 2010, 08:34 PM
It was outside, we are renting a basement apartment, and we do have our own entrance, and yes she opened the door and walked in

newfiee_chickk
Oct 31, 2010, 08:38 PM
Oh yeah and we live in grand falls, newfoundland, canada, and its month to month

ScottGem
Nov 1, 2010, 03:40 AM
Since you are month to month, they can terminate the lease at any time with proper notice. I would check with the local housing authority to determine what proper notice is.

Then start looking.

AK lawyer
Nov 1, 2010, 05:32 AM
... he jus looked at me, pointed his finger in my face and said, 'This is my house, and you can consider this your notice, you don't **** with me!' !!!! ...

I bet that, even in Newfoundland, that's not adequate notice. If he means to evict you, he's going to have to give you written notice to leave. I take this verbal "notice" to mean what he said literally: that you shouldn't " **** with" your landord, not that you have to get out. In any event, if he is going to evict you he first will have to give you a written notice.

newfiee_chickk
Nov 2, 2010, 02:48 PM
OK, so kind of as a continuation from my last question, my land lord came down with a written notice, and it says we have to be out in 14 days, it does not make sense, we rent from month to month and I'm pretty sure the law here in newfoundland sates that he has to give us 3 months. I don't have the money or the resources to be out that fast. What do I do?

tickle
Nov 2, 2010, 03:27 PM
This is the landlord tenant act for Nfld. From EHow.com.

Notices
# Both the landlord and tenant must give appropriate notice upon ending the tenancy. The amount of time required differs depending on rental type. A weekly rental requires no less than seven days, a month-by-month rental requires a full month, and a lease requires two months notice. The landlord may give a notice to end tenancy if the rent is 15 days late, and the tenant may give it if the landlord fails to uphold the rental contract after sufficient time has been given to address the situation.

AK lawyer
Nov 2, 2010, 04:09 PM
This (http://assembly.nl.ca/Legislation/sr/statutes/r14-1.htm#17_) looks to be the actual text of the Newfoundland RESIDENTIAL TENANCIES ACT, 2000:



Notice of termination of rental agreement
17.
(1) Except where a landlord and tenant agree in writing upon a longer period of notice,
...
(b) a landlord shall give the tenant notice as required under subsection (3) that the rental agreement is terminated and the tenant is required to vacate the residential premises.
...
(3) The notice required to be given by a landlord under paragraph (1)(b) is
(a) not less than 4 weeks before the end of a rental period, where the residential premises are rented week to week;
(b) not less than 3 months before the end of a rental period, where the residential premises are rented from month to month;

If so, OP is correct and it requires a 3-month notice.


... what do I do?
Prepare to move out in 3 months. You might want to tell your LL that 2 weeks won't cut it.

newfiee_chickk
Nov 2, 2010, 04:39 PM
Yeah I think that is the same website I was on to reassure my thoughts on the situation. Makes me feel better to know I'm right :)

newfiee_chickk
Nov 2, 2010, 04:41 PM
But the difference being, our rent is always a day early, my roommate and I have not done anything to deserve this insane behaviour, I am having thoughts about calling the institution.

tickle
Nov 2, 2010, 06:11 PM
Hi chick, it seems strange to me that there would be such a big difference between one year and month to month, i.e. 3 months notice for month to month, when I think that should be year to year. It just seems out of wack somehow.

Here is the information, phone, address and website to check this landlord/tenant stuff with the proper people

Department of Government Services —
Consumer & Commercial Affairs Branch
Trade Practices Division
Residential Tenancies Section
Box 8700
5 Mews Place
St. John's, Newfoundland
A1B 4J6
Toll-free: 877-829-2608
Tel.: 709-729-2610, 709-729-2608 or 709-729-5829
Fax: 709-729-6998
http://www.gs.gov.nl.ca/cca/tp/residential-tenancies/
See Web site for all office locations.