getting evicted from a house

[Daxin]

A friend of mine is currently being evicted from a house rent. She has not signed a lease and has two dogs. Apparently, one of the dogs has chewed on one of the corners and the moldings and is now being told to leave within a week. She has been living in the house for about 3 months.

Looking for advise as to what her options are. I always thought that renters, even within a lease or contract has 2 months to find a place.

thanx

[ca18det240sx]

Do a search on google for Calgary Tenacy Act

read it.

[Amysicle]

http://servicealberta.gov.ab.ca/tipsheets/landlord_tenant_info.cfm

Scroll down, click on the Information for Landlords and Tenants PDF.

You didn't explain how the landlord found out about the damage, or how extensive the damage was, and how the landlord informed the tenant that they had to leave. If all the hoops were jumped through and done right, and your friend is a "problem tenant" the landlord would have the right to tell your friend to get the fuck out.

[D. Dub]

^^^^ yup pretty much.

[5hift]

Did she even have permission to have dogs in the house? Usually damage done by pets would be taken out of a pet deposit or similar and there wouldnt really be a reason for them to kick her out as they recouped losses caused by her dogs.

Like other mentioned, important details were left out. Most landlords arent dicks, kicking out and finding new tenants is a hassle for them. From my own experience watching my Dad deal with some tenants, I'm pretty sure its more than just a dog chewing on a corner of a molding and more like dogs that werent allowed at all damaged the house.

[pinoyhero]

Regardless of "the law". Why would anyone expect that they can rent someone else's house and have their dog chew up the furniture (and who knows what else) and then not get booted? I mean seriously the rent situation in Calgary is bad, why take risks and be a bad tenant. Then the audacity to consult the law for protection. This is exactly what drives up the cost of rent, land lords having to build in the cost of risk for tenants like hat who are protected by lame laws that distort free markets.

[Daxin]

Forgot to mention that the homeowner lives in the house as well. They are roommates. The damage is not too bad. Just a 7 inch bottom molding needs to be replaced and painted. Usually, the dogs are kept in a kennel in the basement when she is at work and the dogs are kept in the room most of the time.

[Doozer]

Originally posted by Daxin
Forgot to mention that the homeowner lives in the house as well. They are roommates. The damage is not too bad. Just a 7 inch bottom molding needs to be replaced and painted.

Aha ... sounds like the landlord was probably looking for an excuse to get rid of the tenant already.

[TomcoPDR]

Originally posted by pinoyhero
Regardless of "the law". Why would anyone expect that they can rent someone else's house and have their dog chew up the furniture (and who knows what else) and then not get booted? I mean seriously the rent situation in Calgary is bad, why take risks and be a bad tenant. Then the audacity to consult the law for protection. This is exactly what drives up the cost of rent, land lords having to build in the cost of risk for tenants like hat who are protected by lame laws that distort free markets.

:werd: x2

ever had to rip out dog/cat piss and poo stained shag carpets for your parent's rentals for free? :thumbsdow that fun loving odor goes straight into the underlay too. :poosie:

[pinoyhero]

^Yes its really too bad that there are so many, "tenant protection" laws. Why does this government and our society continually protect those who don't have the vested interest. Dont even get me started on the "free" rent program my earned tax dollars are going towards.

[tentacles]

I believe if the landlord lives there as well, then he is covered under the "Innkeepers act" (Forget the exact name), and not the landlord/tenants act. Landlord/tenants only applies for apartments, whole houses, and other "legal" suites.

So your friend is SOL - the owner can have her ass out on the street right now, no eviction process needed. Maybe she should buy the landlord a nice dinner for the trouble and learn to get a fucking grip on her dog. :thumbsup:

[gatorade]

I'm guessing there was probably more problems with these dogs than just the biting corners, they were probably noisy or disruptive to the landlords living space.

[spikerS]

my landlord was not too keen about letting us have our dogs with us, but with my referances, dicided to try it.

we bought our own steam cleaner, and steam clean the whole house 2-3 times a month after vaccuming. While we are at work, the dogs are in thier crates, and after a month or so of using a shock collar on them, they don't even bark. We clean up the back yard 2-3 times a week. Half of our neighbours didn't even know we had dogs. And all of our immediate neighbours have also givin us referance letters stating that we are good tenants and hassel free. This works well for trying to get a new lease when it is time to move.

Coles notes: Be OVERLY responsible with your pets, and you will never have a problem.

[pinoyhero]

^Hmm, dogs in crates all day that get shock collared + 3x steam cleaning monthly ... gotta ask why even have dogs?

[spikerS]

Originally posted by pinoyhero
^Hmm, dogs in crates all day that get shock collared + 3x steam cleaning monthly ... gotta ask why even have dogs?

the dogs are not in thier crates all day. usually the most is 5 hours. As for the shock collar, we tried the citronella ones and the dog loved it. would be barking just to get the damn thing to spray. besides the point, we only had to use the shock collar for about 3 weeks and the dogs learned quick. The collar we got is pretty good. If the dog barks, it would chirp first with no shock. if the dog kept barking, it would chirp and a mild shock, that would increase by 6 levels if the dog still kept barking.

the steam cleaning is so that the home owner we are renting from shows that we are responsible for our pets, and can be assured that there won't be any damage.

Why even have dogs? i am not even going to justify that comment.

[JGerke]

try living in Ontario....as students we rented a house and the place got absolutely trashed. Basically in Ontario you cant ask for damage deposit and cannot kick someone out because of pets. If your landlord tries to evict you, you can protest it for like 6months and live in the house for free that entire time. Makes me never want to own a rental place!

[malaekat]

While ALberta has a formal tenancy act - there is no longer a Tenant advocacy board in ALberta. So short of hiring a lawyer the tenants are hooped. As far as damage caused by pets with out a lease agreement the tenant falls under the basic month to month rental agreement even if there isn't one in writing. The landlord can evict for damage even with a damage deposit because it is the tenants word against the landlords that it was a damage deposit or a security deposit. If the landlord agrees it was a damage deposit say goodbye to it - almost impossible to prove the deposit amount covers the damage amount - hope you don't get a bill for damage exceeding the deposit. It the landlord says it was a security deposit they owe it back to the tenant but the tenant better expect to receive a bill for the damage. Of course the landlord will choose the most expensive way to repair it as well.
If as it sounds like the tenant was a roomate in a house without a rental agreement chances are they were an illegal tenant to begin with and have no legal standing.
And landlords do not have to give two months notice they can get immediate court backed ok for an eviction and while most times courts give 2 weeks in damage cases the courts lean more towards a 24 hour eviction to prevent further damage. Landlords can get court dates faster than anyone else.
Sorry sounds like your friend is hooped. Tell them get smarter get a written agreement and avoid roomate/house situations.

[Daxin]

Thanx for the input guys. I guess she is hooped.

[pinoyhero]

Originally posted by spikers


the dogs are not in thier crates all day. usually the most is 5 hours. As for the shock collar, we tried the citronella ones and the dog loved it. would be barking just to get the damn thing to spray. besides the point, we only had to use the shock collar for about 3 weeks and the dogs learned quick. The collar we got is pretty good. If the dog barks, it would chirp first with no shock. if the dog kept barking, it would chirp and a mild shock, that would increase by 6 levels if the dog still kept barking.

the steam cleaning is so that the home owner we are renting from shows that we are responsible for our pets, and can be assured that there won't be any damage.

Why even have dogs? i am not even going to justify that comment.

OK I'll leave this one alone but I took, "while we are at work" to be a lot longer than 5 hours given commute time and regular working hours.

[pinoyhero]

Originally posted by JGerke
try living in Ontario....as students we rented a house and the place got absolutely trashed. Basically in Ontario you cant ask for damage deposit and cannot kick someone out because of pets. If your landlord tries to evict you, you can protest it for like 6months and live in the house for free that entire time. Makes me never want to own a rental place!

Not in that market eh? And what does that do, distort real market prices which in this case detracts private invesetment from potential investors such as yourself. GOtta hate government intervention and communist/socialist policy embedded in Canadian law.