Can My Landlord Charge For That?

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GrooveTunes
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Re: Can My Landlord Charge For That?

Post by GrooveTunes »

If the hydro account is in your name I'd be the one at the RTB making a claim especially if it's in writing. But like someone else has said it could be a civil case then it's a pain dealing with small claims court.
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Libelle
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Re: Can My Landlord Charge For That?

Post by Libelle »

GrooveTunes wrote:If the hydro account is in your name I'd be the one at the RTB making a claim especially if it's in writing. But like someone else has said it could be a civil case then it's a pain dealing with small claims court.


So you file with small claims. Serve the respondent yada yada. Get up in front if the judge to state your case, the judge asks that you produce proof that the respondent owes money towards said bill, and you say what?
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GrooveTunes
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Re: Can My Landlord Charge For That?

Post by GrooveTunes »

So you file with small claims. Serve the respondent yada yada. Get up in front if the judge to state your case, the judge asks that you produce proof that the respondent owes money towards said bill, and you say what?[/quote]

She has it in writing in the lease.
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Libelle
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Re: Can My Landlord Charge For That?

Post by Libelle »

If it is stated in the lease about who is responsible for the hydro bill specifically and for how much then that is a RTB matter. Small claims will not grant a judgement/order regarding a residential tenancy matter. BC Supreme Court Judges have limited power as explained in Ross v British Columbia section 23. The RTA is BCs own little taste of North Korea.

[23]        Courts have limited jurisdiction when it comes to reviewing the decisions of the residential tenancy officer or reviewing officer.  Courts are able to set aside a decision if it is patently unreasonable or if it fails to abide by the rules of natural justice and procedural fairness

http://bcjustice.com/index.php?option=c ... temid=1235
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GrooveTunes
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Re: Can My Landlord Charge For That?

Post by GrooveTunes »

If it is stated in the lease about who is responsible for the hydro bill specifically and for how much then that is a RTB matter. Small claims will not grant a judgement/order regarding a residential tenancy matter. BC Supreme Court Judges have limited power as explained in Ross v British Columbia section 23. The RTA is BCs own little taste of North Korea.

[23]        Courts have limited jurisdiction when it comes to reviewing the decisions of the residential tenancy officer or reviewing officer.  Courts are able to set aside a decision if it is patently unreasonable or if it fails to abide by the rules of natural justice and procedural fairness

http://bcjustice.com/index.php?option=c ... temid=1235

Yup, just like I said. What part of
If the hydro account is in your name I'd be the one at the RTB making a claim especially if it's in writing.
do you not understand?
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Libelle
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Re: Can My Landlord Charge For That?

Post by Libelle »

GrooveTunes wrote:If the hydro account is in your name I'd be the one at the RTB making a claim especially if it's in writing. But like someone else has said it could be a civil case then it's a pain dealing with small claims court.


You make reference to both as an option. If it is not in the lease, in writing and the tenant did not pursue a resolution with the lndlord to damned the lease to state as such then a application for a dispute resolution will have to be filed.
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Queen K
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Re: Can My Landlord Charge For That?

Post by Queen K »

I think I understand this now, just like a loan without a promissary note to repay said loan, without that legal document, if the borrower doesn't repay, then the lender has to seek restitution through another party.

Is that right Libelle?
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Libelle
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Re: Can My Landlord Charge For That?

Post by Libelle »

Queen K wrote:I think I understand this now, just like a loan without a promissary note to repay said loan, without that legal document, if the borrower doesn't repay, then the lender has to seek restitution through another party.

Is that right Libelle?


That is an unique enallage QueenK. Sorry QueenK that I do not have an answer for you, but sweet of you to think that I am an expert of sorts. :sunshine:
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normaM
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Re: Can My Landlord Charge For That?

Post by normaM »

so just that I am clear, if you rent a suite in your house you need to have a business license?
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36Drew
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Re: Can My Landlord Charge For That?

Post by 36Drew »

normaM wrote:so just that I am clear, if you rent a suite in your house you need to have a business license?



Yes. http://www.kelowna.ca/CM/page313.aspx
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normaM
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Re: Can My Landlord Charge For That?

Post by normaM »

well I'll be darned. Bet most aren't aware of that. Thanks Lore :/
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grammafreddy
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Re: Can My Landlord Charge For That?

Post by grammafreddy »

LOL, Norma - I'll bet that's why there's so many illegal suites.
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grammafreddy
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Re: Can My Landlord Charge For That?

Post by grammafreddy »

7312 Suite In Residence
The Property Owner must name someone residing on the property as a contact person.
$8.37 for each suite with a minimum fee of $27.50 for each twelve (12) month licence period, or $252.00 enforcement fee plus $27.50 for each twelve (12) month licence fee if the Licence Application is a result of a Bylaw investigation.

http://www.kelowna.ca/citypage/docs/pdf ... 207878.pdf
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normaM
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Re: Can My Landlord Charge For That?

Post by normaM »

I have a feeling that if you call the City to get the suite declared Legal a business license if the least of your worries.
Just wonder where all this money collected goes.
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