Landlord Help Please - Rights as a Tenant?

[5hift]

I'm in a bad situation, and would appricaite any advice or suggestions from those who know how to help.

I live in a condo that I'm signed with a lease and renting. As a renter, I've been given what I think is zero respect, and I havent really made a big deal of it until today.

The landlord and his maitenence crew, think they have the right to access any suite without any notice or anything. I realize the typical beyond response will be to somehow blame it on me for not moving, but this is not an option, so I need to know what to do with this.

A few months ago, I was awaken with my girlfriend, to the sound of someone opening my door with a key. There was no knocks or anything, my girlfriend had been up for a while and said she heard a half knock, and then someone opened the door with a key. It was some 3rd party maintenence guys, without the building manager there, yet with all the keys to the building in their hands, to unclog my sink. Not a big deal, but I was under the impression, I was to be given 24 hr notice, and at least a fucking knock on the door, but whatever I didnt make a big deal about it.

Fast forward to today, they have done this a few times, and I havent made a big deal of it. When I moved in a year ago, I was promised a new fridge. I came home today after class to find my dog all rilled up and he never is, a new fridge put in, and all my groceries spoiled, scattered all over my counters. Whoever came in to upgrade my fridge, did so with no notice, no knock, and took everything out of my old fridge and left it lying all over the place. There was no one in the condo office, so I left a quite angry message. What are my rights as a renter? Is there a government agency I can contact about a complete and constant disregard for my rights as a renter?

Im pretty choked, I cant leave, any advice of how to pursue this?

[G-Suede]

I'd probably end up in shit for doing it, but whatever, if some ignorant fuck came in my place without notice, knocking, etc. they'd get throttled, choked out, and rolled out onto the street.

Next time, just call the police and say you're under a home invasion.

[Weapon_R]

Under the Alberta Residential Tenancies Act, a landlord can only enter a property without notice where an emergency exists or where a tenant has abandoned the property.

Mediation is available to tenants if they file a complaint with the tenant advisory board. Note that attendance is voluntary so a landlord can choose not to attend. If evicted, you may pursue legal action to force the landlord to comply with the terms of the lease, but he/she is not bound to keep you after your lease expires. If you need to stay there right now, it might not in your best interest to challenge the entry and inflame the landlord until you are ready to leave.

[ChappedLips]

Your best bet is to complain directly to the landlord, they shouldn't be randomly coming into your house but you can't really do anything. I guess it technically is a home invasion so maybe you can hit them with a bat or something next time.

How long is left on the lease? Until then there really isn't much available to do unfortunately.

[dannie]

Weapon_R is correct. They have no right to enter your unit unless there is an emergency.

If I were in your shoes, I would call the landlord and tell him that his behaviour is unacceptable, quote the section of the tenancy act that applies and tell him that you expect him to follow the rules.

If he doesn't and it happens again, I would change the locks.

[DayGlow]

There is tenancy act center in Rocky Mountain Plaza

[Redlyne_mr2]

Wow what a horrible place to live.. I'm sorry to hear about what youre going through.

[Kloubek]

Originally posted by dannie
[B]Weapon_R is correct. They have no right to enter your unit unless there is an emergency.

I believe they have the right for them to come in and inspect/maintain if they provide 24 hour notice.

Either way, we can all agree they cannot just waltz in your place at any time.

Tell your landlord this is not lawful, and you "trust" it will not happen again. If it does, you have every right to report him.

Good luck op.

On a related story, I had something like this happen to me several years ago. I was actually doing the nasty with my gf at the time. You can imagine how thrilled I was to hear my front door open....

[crazieness]

Refer to the FAQ's in the Real Estate/Finance section for a 1-800 number to call Alberta Tenancy who can give you all the information you need specific to your circumstance.

http://forums.beyond.ca/st/250716/al...questions-faq/


Weapon_R is correct that it is illegal for the landlord (or 3rd party representing the landlord) to enter unless it's an emergency. Outside of that, I believe the rule is 24 hour written notice and entrance can only occur between 8:00 AM - 8:00 PM Monday to Saturday.

If I were you, the following steps would be made:

1. Formal writing to your landlord sent via registered mail to the address he/she has provided to you (retain the signature receipt as evidence).

2. Log any entrances onto the property that are outside of 8AM to 8PM as well any entrances without warning. Retain any evidence if possible such as maintenance records or delivery receipts with date and time stamp.

It is illegal for your landlord to enter or allow entrance to a third party without providing the appropriate notice and they can only come within the timing allotted by the Alberta Tenancy Act (8AM – 8PM).

Furthermore, I believe it to be true that the landlord must upon first notice of entrance provide a time that is suitable for at least one person listed on the lease to be on premises. Should the time suggested not work, he or she can then set a second time without consideration of your availability.

As noted in another post above, you'd probably want to make sure you have a backup plan in the event things go sour. If you're currently (intentionally or unintentionally) breaking portions of your current lease i.e. having a pet when it's restricted or living with a roommate/spouse that is not listed on the lease, whereby the lease restricts residency to those listed, the landlord can use that as cause for termination and just give you the 90 days and the boot. Thus, make sure you it’s worth your while should you want to proceed.

Hope that helps!

[Xtrema]

Fuck'em, there's no shortage of places to rent. Write a complaint and if you get no response, don't renew the lease.

[BlackArcher101]

I can see a request for maintenance being the equivalent of notice... however... being promised a fridge a long period ago and suddenly finding a new one installed with no notice is wrong.

[TDA]

What everyone else said, Landlord can't do that. Current Landlord here. They need to give you 24 hour notice.

Now, thats going to be a little mess, with complaints, registered letter, etc.

I have one suggestion. This is what'd I do.

Install one of those door chains.

Now, check your lease, you may not legally be allowed to make such modifications. However, the landlord would have to be massively anal to object. Just run it by him/her first without getting in his/her face, say you're worried bout the safety of your gf from thugs in the area, etc. If he really needs to get in, and its a true emergency, ambulance/fire/etc would be called, and they have bolt cutters. If you abandoned it, you wouldn't be able to chain it up on your way out.

Meanwhile you then go ahead and do all those complaint processes that everybody else has mentioned.

At least It'll stop them from bursting in on you at bad momments.

[Supa Dexta]

Tell your landlord the next person that comes in your door without your approval is getting a knife in the throat. And say it with some confidence behind it.

[Kennyredline]

I have property managed the building I live in for 7 years...management has to give you 24 hours WRITTEN notice to enter your residence.
The guy that owns my building kept going into my place with no notice and treating it like an office until I started taking $300 off my rent everytime he did that. That learned him good.

[luv2ride_bikes]

I would change your locks right away, and then talk to your landlord. Another thing you could do is treat it like a B&E, and file a police report. This is technically a B&E since the landlord is not providing written notice when accessing your place. good luck whatever you do and keep us posted.

[GTI CANADIAN]

put a chain on said door.

[max_boost]

Your landlord is a dick. For all legal matters, all you have to do is just read Weapon_R's response and you are set.

[scat19]

Then again, at least they are actually keeping your unit fixed and up to date... Some people have a hard time to get the smallest of things fixed!

However; the entry into YOUR space is being violated, and I wouldn't be happy at all.