Tenant Consulting Service – Evictions RTA and more
Tenant consulting service – I answer questions about evictions, tenant rights and Alberta Residential Tenancy Act questions usually with same day service.
Concerns About an Eviction?
Not Sure of Your Options?
It’s crazy out there. Between out of control rents, bad landlords and sketchy properties many tenants have little knowledge of the rules and processes and one mistake could lead to an eviction notice and with today’s low vacancy rates, the process of getting evicted can be both scary and confusing.
But it can be easier if someone can clearly break it down and explain your options to you. That’s where I can assist. I can break down whether your situation is an illegal eviction, your rights and approximately how much time you may have to take any sort of action.
Over the years I have helped explain the options available to tenants and landlords when it comes to questions regarding evictions. This gives me a real inside look at how the process works and what steps people can take along the way.
Now, just to clarify, if you’re getting evicted for a valid reason I am not here to help you “escape an eviction”. If however, you find yourself in a tough situation needing answers fairly quickly I can help.
If You Have Questions
If you need answers to how much time you have to move out, what will happen with your possessions, what to do if your landlord won’t reply to you and much more I can probably help you out.
If you believe your landlord is illegally evicting you, or your having problems determining what will happen to your security deposit, I can explain the rules and options for this as well.
Often in these situations you have plenty of time and if you’re not in a hurry you can always leave comments on the site which I answer typically within 24-72 hours. These are public comments and can be seen by anyone, including your landlord.
So if you have specific questions, questions that are urgent or don’t feel comfortable asking where everyone can see, then you may be in need of my consulting services.
How Much & How Does It Work?
Once a session is paid for I get an email immediately sent to me and typically respond within 1-4 hours and can often talk directly to you within 1-6 hours depending on the time of day.
Each session is 30 minutes long and the cost for this is $50 which amounts to nothing when it comes to keeping a roof over your head.
To get started, click below,
Tenant Consulting Service – Evictions RTA and more
Tenant consulting service – I answer questions about evictions, tenant rights and Alberta Residential Tenancy Act questions usually with same day service.
Hi. My landlord’s estranged wife and her realtor are trying to take over my rental agreement with him. For the last three years, I have only been dealing and signing rental contracts with the husband. When the estranged wife and her realtor put our rented property on the market, the husband told me I have nothing to worry about. He and I have agreed not to recognize the 24-hour notice to enter our premises and to change the locks on our front door. Now, my landlord seems to be losing his battle with his estranged wife and I might be evicted. Please advise.
Hi Marie,
I just emailed you directly as it was a long response. I’ll be following up with an actual post breaking down how this works.
Bill
Hi Bill.
Long story short, on March 24th, 2015 I received a letter threatening to evict me if complaints continued for my dog barking. (She is 10 years old this month, and I have never had a noise complaint on her before now). Immediately I called my landlord and explained that the door across the hall from me (leading to the garage) slams loudly startling my dog which causes her to bark a few times. They told me they would schedule a maintenance ticket to have a repair person adjust the closing mechanism. Again on the same day I also purchased a pet anti-barking collar that my dog has worn each time that I have been out of the apartment since.
Today (April 7th), I had an unsigned notice of eviction posted on my door dated April 6th, with a move out of no later than 12 noon on April 20th. (12 days notice). I went to the landlords office and was told that they had received three barking complaints this morning alone! None of them were my dog as I had her with me! Additionally, the girl behind the desk told my cousin that she had spoken with him on several occasions in person about my dogs barking at my apartment. He has not been to my place in over 4 months. They are blatantly lying and either making up complaints, or are simply logging any complaint against any or every dog owner. I am intending to file a notice of objection, but am uncertain of any other steps I can take. File a suit for harassment? Request a TRO? Anything you can help with would be greatly appreciated.
Edward Jones
Fort McMurray, AB.
Hey Edward,
So many problems, where should I start?
Perhaps before you start I’d suggest you start documenting EVERYTHING, just in case this goes further forward.
I wouldn’t bother with a letter of objection at this point until closer to the 12th as it will just accelerate things on their end and right now you probably want more time. From what you’ve told me they simply want you out, but they don’t understand the rules or all the mistakes they made, so your priority should probably be to find a new place as it will just get more difficult over time. By waiting until later to object it will give you more time.
So, the problems, first the notice was unsigned, second they gave the incorrect amount of time for the notice. It’s actually 14 full days plus the day you receive it and the day you are to be out. So just on these two issues, the notice is null and void.
Just because they gave you a notice also doesn’t mean you have to move out. They need to get a court order to evict you and if you have half the evidence you’ve given here available, their eviction will get thrown out. So you almost want to wait until you get the notice of a hearing before you start getting anxious. Once you provide them with a letter of objection, then they can immediately move to the hearing application, so the longer you delay, again the more time you have.
I explain the hearing process in several of my guides, but the bare bones is they have to file for a hearing, then serve you with a notice where you both attend, them with their evidence and you with yours. Whoever has the most evidence and/or appears the most competent wins.
Hope that helps,
Bill
Thank you for your prompt reply Bill. You’ve steered me down the exact path I am planning on taking. I am going to serve them my Notice of Objection on the 17th. I do indeed have proof of everything I’ve stated, but their management (They’re a large Alberta real estate trust company) chose to be rather smug and dismissive to me. I simply told him this would be fought.
I rent a basement suite. I have been there less then 4 months. I reported to my landlord there were bugs, not bed bugs- I took a picture and showed her. She called pest control, got my permission to enter my premise and did so. The next day she text me saying that I brought the bugs in and they were “furniture bugs” and told me I have 24 hours to vacate her premises, she sent several threatening text that evening. I text her back and said wow! I will speak to her after I have spoken to the landlord/tenancy Advisory Board.
the next day, I received several texts and phone call which i took, She behaved badly, cussed and me and hung up on me several time. My question is this, I can not vacate in 24 hours, nor will I tolerate the onslaught of her bad behavior. I am happy to leave, and told her so, that, I would be gone as soon as possible or on the 15th on the month. As she evicted me, what do I owe her or what could I be held liable for. At this point, I am happy to walk away, she can keep the remainder of the months rent,
Hi Melani,
Normally I leave these questions int he queue for 48 hours, but you’re on a tight timeline. Under these types of circumstances she can’t evict you under a 24 hour eviction. Not sure exactly what furniture bugs are, but at issue would be proving you brought them in.
At a minimum for something provable she would have to issue you a 14 day notice or take you to court to get you out and to legally get you out and to have the ability to change the locks on you she would need to get a court order.
If she does evict you with valid grounds you maybe responsible for rent for the remainder of the month (even if you leave early) and potentially any advertising costs to re-advertise the space. there may be circumstances where she can keep a portion or all of your security deposit, but there isn;t enough information here to verify whether she could or not.
Bill
Bill
Thank you Bill; for your quick response, No one knows what furniture bugs are. I had called the company that she said she used and they said they never went out to do a call and had no record of any assessment at that location. Later that day she said she was having a company in to do an assessment between 4-5, made sure I was there… no one came. I had a booked a company to come for 6 pm last night to do an assessment. The bugs are Sow bugs, I gave her a copy of the inspection report as well as information about them. I had also obtained letters from my previous landlord and roommate regarding me and bugs!!. I suggested to her that she look at investing in a dehumidifier and/or look at rectifying the moisture levels in the basement it is also not uncommon nor hazardous, just a nuisance. When I gave her these things she had another tantrum and then barrage of text and calls continued calling me a liar, back stabber were a few of her kind a words that went on well into the evening. ….this time I choose to say nothing.
I did not bring them in.
At any rate, ridding my life of both the bugs and this landlord is a blessing… for months and every month it is something else. for the short period of time that I actually stayed there, as work and relationship often took me away which is moot, but wow! I was quickly sorry I had signed a two year lease. I have loss time from work because of her, re-arranged personal plans and with the constant “hovering” except when she was away was there peace, it too much for me. I am simply unable to pacify her.
In the letter of objection I laid out my terms that. I expected to leave on or before the 15th and I did not expect neither the remainder of the months rent nor my damage deposit, that she should indeed keep it. I would leave the place in clean as best I could under the circumstances, and in exchange I asked her to agree to a) allowed me to leave peacefully without further injury or insult b.) she would agree to release me from the remainder of the lease without further charges or expense to me. and c.) never contact me again in any way, for any reason.
I further added that the remainder of the rent and security deposit is a small price to pay for me to obtain those 3 objectives. This morning it was signed and slipped under my door.
This was a bizarre situation.
Thanks again.
I have lived in this house without a lease for nine years and last month I didn’t pay rent , I understand that I’m in the wrong and now the landlord gave me a 14 day eviction notice, but it only said I have 14 days. To get out and he will change the lock on the 14 th day, but that’s all it said. It didn’t say what I owed or anything. So my question is if I pay the rent will that end the eviction?
Hi Kyla,
This is one of the examples I actually go through in the guide available here. I have a full section that covers all of this fairly in depth.
Off the bat the eviction form is invalid if it doesn’t include the amount owed, I’m sure he is also missing several other items if he missed that basic part, but once it’s invalid, it can’t be made more invalid so any other mistakes don’t make it worse, they just show how little he knows about the process (or that he found free forms online…)
Part two, it’s illegal for him to change the locks without a court ordered eviction. The court ordered eviction part is also thoroughly explained in the guide. At this point though all you need to do is pay the rent before the 14 days (which should actually be 16 days as the date you receive it and the date to be out don’t count) and the notice is null and void no matter how invalid it is, if it’s simply for unpaid rent.
Hope that helps,
Bill