Can My Landlord Charge For That?

[GrooveTunes]

I've contacted the RTB...but I wonder...am I down the creek without a paddle if I unknowingly signed an agreement to pay? Obviously, she is not going to pay for her share of BC Hydro unless I pay her bills.

She gave you the deposit back in full so the RTB really has no authority anymore. Any outstanding bills, repairs, etc that she thinks she can get from you now will have to go through small claims court. If you signed something without reading saying you will pay??? ...You can argue she forfeited her legal rights for compensation. The courts might even tell her that when she files. Without you signing and agreeing to pay she wouldn't have a chance at all. She might just win this one.

[Libelle]

On what authority does Small claims have to award her damages of loss where a landlord/tenant dispute is involve? Before going to small claims one must have a monetary order in place first, then proof of service of said monetary order before it can be enforceable in a small claims court. Seeking damages for lost of rent or loss of rental income or damages to the rental property is a RTB matter until a decision or order is made. Just because the damage deposit was returned (regardless of anything signed or not) does not mean case closed.

Limitation period for prosecuting offences
96 (1) A prosecution of an offence under this Act must not be commenced more than 2 years after the facts on which the proceeding is based first come to the knowledge of the director.

(2) A document purporting to have been issued by the director, certifying the date on which the director became aware of the facts on which the information is based,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified facts unless there is evidence to the contrary.

[36Drew]

On what authority does Small claims have to award her damages of loss where a landlord/tenant dispute is involve?

The OP will have to clarify, but I think in this case it's a dispute over a hydro bill... that would potentially be a civil matter

[GrooveTunes]

Yes agreed. Small claims won't deal with landlord/tenant disputes.

[jigsalot]

The splitting of the Hydro bill was handwritten by her in the signed RTA as was the inclusion of water. I appreciate all the input. Why can't people just do the right thing? She also did not include the interest on the deposit which is mandated by the RTB. I know it's a tiny amount and I would not make an issue of it if she wasn't trying to cheat me in more substantial ways. I was even going to let go that she locked us out of the kennel yard which was included in the RTA and she promised me a secure fenced area for my dogs.

[kgcayenne]

1. Did she initial the hand-written inclusion?
2. The interest rate for 2013 is 0.0%, this has been the case since 2009; see: http://www.rto.gov.bc.ca/content/calculator/rates.aspx

[GrooveTunes]

The splitting of the Hydro bill was handwritten by her in the signed RTA as was the inclusion of water. I appreciate all the input. Why can't people just do the right thing? She also did not include the interest on the deposit which is mandated by the RTB. I know it's a tiny amount and I would not make an issue of it if she wasn't trying to cheat me in more substantial ways. I was even going to let go that she locked us out of the kennel yard which was included in the RTA and she promised me a secure fenced area for my dogs.

You have the deposit back so "forgetaboutit". You'll drive yourself nuts if you keep worrying. It's up to her to prove any claims she tries to claim against you. By not doing a before/after walkthrough checklist, she's made it very difficult for herself.

[Libelle]

Also if a lanlord does not have a business licence as required by the city then they can not claim anything, any damages any loss of rent etc even if the tenant owes that money. Call the city hall where you live and ask if there is a valid business license before you sign a tenancy agreement. And each year there after that the tenancy is in effect to ensure a valid lisence is in existence.

[Captain Awesome]

I'm not sure what she's thinking giving you receipts for minor repairs and carpet cleaning. Unless it wasn't clean when you did the inspection (and you said she had no problems), these are just costs of doing business.

You got your deposit back, just walk away. Chasing some BC Hydro amounts is stretching. Life is too short.

[Nebula]

Also if a lanlord does not have a business licence as required by the city then they can not claim anything, any damages any loss of rent etc even if the tenant owes that money. Call the city hall where you live and ask if there is a valid business license before you sign a tenancy agreement. And each year there after that the tenancy is in effect to ensure a valid lisence is in existence.

I don't think that's true at all. Landlords do not require business licences.

Further, having a business licence or not has nothing to do with whether someone who generates income can claim expenses against that income.

[GrooveTunes]

A friend of mine in ktown told me he was required to get one. It should be if it isn't.

[Libelle]

http://www.kelowna.ca/citypage/docs/pdf ... 207878.pdf

[GenuinelyInterested]

Also if a lanlord does not have a business licence as required by the city then they can not claim anything, any damages any loss of rent etc even if the tenant owes that money. Call the city hall where you live and ask if there is a valid business license before you sign a tenancy agreement. And each year there after that the tenancy is in effect to ensure a valid lisence is in existence.

I don't think that's true at all. Landlords do not require business licences.

I agree.

Landlords do not require business licences.

UNLESS..They are running a business such as; a rooming house, hotel/motel, hostel, B&B, Inn, or the like. They then must also carry the appropriate insurance and provide amenities like handicapped parking spaces and wheelchair ramps.

[Nebula]

http://www.kelowna.ca/citypage/docs/pdfs/bylaws/Business%20License%20and%20Regulation%20Bylaw%20No.%207878.pdf

Well that's different. According to what I read, if you rent a suite in your home you need a licence. I didn't find anything if you rent a whole home.

In any event, I stand (at least partially) corrected.

[jigsalot]

My initial thought was to let it go...I don't invite stress into my life. Her share of Hydro is $294.55...a significant amount of money to us. Also, it frosts my toes that we were careful stewards of her property, complied with all her demands above and beyond the RTA, removed black mould from the bathroom, swept away cobwebs, cleaned smokers' grime from all surfaces and left the house far better than we found it. Aside from the money...I don't like being taken advantage of...who does?