Restitution for illegal evictions

[Farmmaa]

good thing Steven and Jflem aren't Landlords and good thing LANDM and Kalvin K are and were...

just go for it Farmma...I agree with you, this kind of stuff is happening to MANY BC renters and it can only be stopped with legal disputes..

glad to hear you found a place, sorry to hear it's more than you can really handle, but at least you found something...

I agree ...landlords will only continue to illegally evict tenants if no one ever speaks up about it.
If they start getting reported and fined, hopefully it can at least slow down the number of renters who are facing homelessness over this kind of thing.
I still have to worry about finding myself homeless if I can not find a way to make an extra $400-$500 a month by next month....and even more in the winter when utility bills are higher.

I really have tried everything to work with my landlords. They admitted that they didn't handle this properly from the start, so I made the mistake of being nice and trusting their word.
I didn't want to report them because I'm not a jerk. I didn't want them to get into trouble with immigration over foreign worker housing....but by going back on their word and forcing me to find a place before the end of this month, they have left me in a really bad situation financially.
I don't know if I could have found something more affordable if given a few more months as promised, but it would have been nice to be able to at least try.

I am not out to get them or to try to get vengeance of some kind....I just want to be able to move to my new place without this huge dark cloud over my head because of money.
Despite what some people think, that extra two months rent would go a long way to helping me out.

[Even Steven]

But, of course, it is irrelevant to the situation.

Well the OP claims "thousands of dollars caused by it" without going into details what she means. And she clams up as soon as somebody asking how much was the rent though willing to spill all the other details. Overall that smells somewhat funny especially if you're trying to win support of other people. That's when you want to be as open as possible, not clamming up.

But hey, not my business. I already shared my opinion that it won't go anywhere and wished OP good luck. I think I'll leave it at that.

[Farmmaa]

Well the OP claims "thousands of dollars caused by it" without going into details what she means. And she clams up as soon as somebody asking how much was the rent though willing to spill all the other details. Overall that smells somewhat funny especially if you're trying to win support of other people. That's when you want to be as open as possible, not clamming up.

But hey, not my business. I already shared my opinion that it won't go anywhere and wished OP good luck. I think I'll leave it at that.

I claimed thousands of dollars caused by...what ?
Should people also be obligated to disclose what their yearly salary is just because someone on a message board asked for it ?
It is irrelevant - because, as has already been stated, some people consider several thousands of dollars to be petty, while other feel that it makes a big difference.
Apparently to some, money is no object and not worth worrying over. To others, two months rent makes a huge difference in being able to make ends meet.
it's a lot to me, and that's the only thing that is relevant to my situation.

I am not trying to win anyone support.
I came to ask advice from anyone who has gone through the same thing.
'Support' from anonymous people on a local message board does nothing towards my situation in real life...advice from those who actually know the law does.

[Kalvin K]

Thank you for your factual response, it is appreciated.

I did accept their second notice on the agreement that I could take all the time I needed to look for a new place that I could afford. The landlord then went back on that verbal agreement and said I have until the end of the month to be gone.
So, it was the landlord who ended the tenancy.

My question to you is this:

It is favorable to the RTA that tenants and landlords first try to resolve issues themselves before going to arbitration if at all possible.
So, do I send my landlord a letter stating my intentions to dispute his reason for eviction before filing a complaint ?
I'm afraid that if I do that, he will just temporarily move his mother in until they investigate.
It would be a stupid move, but as you suggested - they really know nothing about the RTA.

You are welcome.

It's still a little unclear to me what was written and what was verbal. Verbal isn't worth much, if the landlord denies the verbal agreement the arbitrators are in a tough spot - they'll be very reluctant to make a decision based on a verbal agreement that 1 party denies existed.

You must frame everything through an arbitrator's eyes. Paper trail/evidence is key in these types of disputes otherwise it boils down to "he said she said". A lesson learnt I suppose - in the future I strongly recommend you get everything on paper. Initial contract, initial inspection, and any eviction notices. In the eyes of the RTA - nothing is official unless it's on paper. A landlord cannot legally evict verbally.

Yes, the RTA office would prefer to not get involved. But that position doesn't really change anything. What do you want out of the dispute/landlord? What do you hope to achieve? This will influence how you would proceed. I don't see how sending a letter could help you at all.

It sounds like so far the process between you and the landlord has been mostly verbal. It also sounds like you've already made a commitment on a new place. Based on this - I don't think you'll be all that successful at arbitration. It'll be unclear to them who is truly in the wrong and they don't like to hand out monetary awards in those circumstances. Generally the settlement would be for the landlord to continue to allow the person to rent until the requirements for legal eviction can be clearly met. This is what would probably occur here. Unfortunately, that settlement won't help you. You can argue that you've already made a commitment for a new place and would rather have 2 months rent - but they'll tell you that you should have lodged the dispute prior to making that commitment.

The arbitration process isn't all that painful and has no cost involved, so you may still want to proceed. But unfortunately, the more I'm learning about the history of the dispute and your current situation - the more I think that you'll likely not be happy with the outcome (even if they side with you and say you weren't legally evicted).

[Gixxer]

Its no wonder homeowners are preferring Air BNB over tenants.

[Farmmaa]

You are welcome.

It's still a little unclear to me what was written and what was verbal. Verbal isn't worth much, if the landlord denies the verbal agreement the arbitrators are in a tough spot - they'll be very reluctant to make a decision based on a verbal agreement that 1 party denies existed.

Written:
Two different eviction notices. One stating they need the house for their foreign workers. One stating they need the house for their own use.
E-mail written stating that they need the house for his brother.

Verbal : They need the house for their foreign workers.
They need the house for his mother.
Apology for going about the eviction wrong and promise to allow me more time to find a new place.

You must frame everything through an arbitrator's eyes. Paper trail/evidence is key in these types of disputes otherwise it boils down to "he said she said". A lesson learnt I suppose - in the future I strongly recommend you get everything on paper. Initial contract, initial inspection, and any eviction notices. In the eyes of the RTA - nothing is official unless it's on paper. A landlord cannot legally evict verbally.

They served me with two different eviction notices....written. Both with a different reason for eviction and use of premises.

Yes, the RTA office would prefer to not get involved. But that position doesn't really change anything. What do you want out of the dispute/landlord? What do you hope to achieve? This will influence how you would proceed. I don't see how sending a letter could help you at all.

What I want is two fold. Firstly, to be compensated for being illegally evicted in a rental market with a 0% vacancy rate and over-inflated pricing. Secondly - for them to realize that they have to follow the regulations when it comes to the RTA or face consequences.

I'm not sure how I would proceed to try to settle without involving the RTA if I don't write them a letter with my concerns and intent ?

It sounds like so far the process between you and the landlord has been mostly verbal. It also sounds like you've already made a commitment on a new place. Based on this - I don't think you'll be all that successful at arbitration. It'll be unclear to them who is truly in the wrong and they don't like to hand out monetary awards in those circumstances. Generally the settlement would be for the landlord to continue to allow the person to rent until the requirements for legal eviction can be clearly met. This is what would probably occur here. Unfortunately, that settlement won't help you. You can argue that you've already made a commitment for a new place and would rather have 2 months rent - but they'll tell you that you should have lodged the dispute prior to making that commitment.

From what I have researched, the two month rent restitution is for people who have been evicted based on false information and false pretenses. In order to show the landlord did not, in good faith, use the house for the purpose they wrote on the eviction notice...one must first actually move out. That is the only way for the RTA to know who was moved in to the house - mother, brother or foreign workers.
I have heard from others that they were indeed awarded restitution after the fact due to the landlords false statement on the eviction notice.

It states, in fact, that in order to proceed, one must have evidence of who is living in the rental until after you move out...or be able to provide proof via an ad for renters at an increased cost, or a statement from the new renters.

You can not lodge a complaint about them lying on the eviction notice until you move out and whoever they intended to move in, actually moves in.

The arbitration process isn't all that painful and has no cost involved, so you may still want to proceed. But unfortunately, the more I'm learning about the history of the dispute and your current situation - the more I think that you'll likely not be happy with the outcome (even if they side with you and say you weren't legally evicted).

As I read it, it costs $100 to file for arbitration.

[Farmmaa]

Its no wonder homeowners are preferring Air BNB over tenants.

It's really very simple.
Know the RTA and follow it if you choose to be a landlord.
Don't try to evict people illegally and you won't have these problems.

[LANDM]

Go to the RTO in Kelowna. Take your information, and see what they say. That is their job.
Some of the details are, necessarily, unclear here and the devil is in the details.

[Farmmaa]

Go to the RTO in Kelowna. Take your information, and see what they say. That is their job.
Some of the details are, necessarily, unclear here and the devil is in the details.

It is absolutely hard to give all of the details without divulging personal details.

I wrote to the tenant Resource and Advisory Centre and will hopefully hear back shortly.

I have found three different locations in Kelowna for the RTA - Bernard, Springfield and Dolphin. Do you happen to know which one is correct ? Or, are they all just different branches of the same office ?

[Fancy]

I already shared my opinion that it won't go anywhere and wished OP good luck.

Other tenants have been fortunate so hopefully Farmmaa will be too.

[mexi cali]

The one I had to go to was on Bernard.

[vegas1500]

As a landlord I have used the tenancy board with good outcomes. On the other hand I have had tenants do a midnight move and leave thousands in damages. The advice I got was to "let it go" as collecting would be next to impossible. As a landlord that did *bleep* me off but dealing with the stress, anger and time it would of took probably wasn't worth it.....life's to short. And yes losing thousands did hurt...

Good luck with your situation just don't let it get the best of you.

[mexi cali]

NO criticism here but I have to say now, looking at this thread that is showing no signs of dieing that the amount of time you are spending here looking for the perfect solution may be fruitless.

I still think you should simply move on, as hard as that may be to do, and try to put this behind you. It doesn't sound to me like your landlord will earn any valuable life lessons from this even if you do pursue it and the RTB decides to go after him.

He will be sorry and it will all blow over for him.

I have a judgement against a tenant sitting on my desk that is for much more than the amounts being spoken about here and I can't bring myself to action it because of the time it will take away from my life.

Not telling you what to do but rather telling you what you might expect.

Best of luck any way you decide to go and for what it's worth, I think you have a case.

[LANDM]

Go to the RTO in Kelowna. Take your information, and see what they say. That is their job.
Some of the details are, necessarily, unclear here and the devil is in the details.

It is absolutely hard to give all of the details without divulging personal details.

I wrote to the tenant Resource and Advisory Centre and will hopefully hear back shortly.

I have found three different locations in Kelowna for the RTA - Bernard, Springfield and Dolphin. Do you happen to know which one is correct ? Or, are they all just different branches of the same office ?

The one on Bernard.

[Farmmaa]

NO criticism here but I have to say now, looking at this thread that is showing no signs of dieing that the amount of time you are spending here looking for the perfect solution may be fruitless.

I still think you should simply move on, as hard as that may be to do, and try to put this behind you. It doesn't sound to me like your landlord will earn any valuable life lessons from this even if you do pursue it and the RTB decides to go after him.

He will be sorry and it will all blow over for him.

I have a judgement against a tenant sitting on my desk that is for much more than the amounts being spoken about here and I can't bring myself to action it because of the time it will take away from my life.

Not telling you what to do but rather telling you what you might expect.

Best of luck any way you decide to go and for what it's worth, I think you have a case.

I'm not spending much time on it at all in 'real life'.
Just have a cold and am putting off sorting, packing and making a dump run today. LOL

No, he will probably not change, but at the very least, it should make him a lot more aware of the RTA regulations and what rights he and his tenants have. As it stands, he has the same attitude as some posters - 'It's my house, I own it and I'll do whatever I bloody well choose'...and there's a good chance he could simply turn around and do the exact same thing to my neighbor if and when the brother comes here. So, if nothing else, it may give him a fighting chance without having to go through the same bull.