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***Anyone that knows anything about law*** law students please.

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Kazabazua
Posts: 3529 - Karma: 1,128

Story time:

so i've been living at this house since august with about 10 other students. There's a lady that lives in the same house and shes the landlord. So i've lived there for 4 months now and today i come home from a business exam and all of my stuff is gone. The lady has put all my stuff in her van and was like your leaving tonight no warning at all. This was news to me. so her reason for kicking me out was because i don't always wash my dishes and because i was playing guitar at 12 last night (and stopped as she let me know). sooo im just wondering if I can bring this to court and if what she did was illegal.

Dec 4 2008 3:13AM
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Aerozol
Posts: 1124 - Karma: 488
I asked my friend (third year law student), and he laughed and said no fucking way (can she do that).
here in NZ we have the Tenancy tribunal, which is basically a free service for tenancy problems, which I doubt you have, but definitely look for some kind of Civil Litigation, which you will have available for free (or nearly free).
You might not be able to move back in, which I doubt you want to anyway, but compensation is definitely in order.
Your contract/ lease should specify stuff like how much notice she has to give you, but even if you didn't sign anything, paying rent weekly is an implied contract.
Main thing is not to let yourself get pushed around- landlords can be real assholes when they get a god complex, but as soon as they know that you know your shit, have talked to some authorities, and wont back down, she'll be coughing up the cash.

Good luck!
Dec 4 2008 3:33AM
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Kazabazua
Posts: 3529 - Karma: 1,128
yea i didnt really sign a contract but i did sign this gay little rule sheet she put together, im gonna get her to send me it and go to a lawyer. but she really isnt allowed to go through my things soooo i can get her on that.
Dec 4 2008 3:42AM
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Aerozol
Posts: 1124 - Karma: 488
I dunno what the rules are where you live (US?), but over here there are laws that guard tenancy agreements no matter what you sign. eg you could have signed something saying she can fuck you in the ass with a weed eater, but she still couldn't go into your room without two days notice.

But honestly, your laws may suck a little more.
Just make sure you talk to a lawyer or someone- don't wait for her to send you a copy of the agreement, get the lawyer to mail her and ask for it, if that's what they recommend.

Man fuck people who think they can screw with students. So sick of it aye
Dec 4 2008 4:11AM
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Kazabazua
Posts: 3529 - Karma: 1,128
yea dude, good idea. it's so shitty because im right in the middle of all my exams, it is really not fair. shes one of those people thats a hardcore 'christian' too, its like ya your doing a great job following the ways of the lord.
Dec 4 2008 4:14AM
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Kazabazua
Posts: 3529 - Karma: 1,128

The landlord can serve the tenant with a One-Month Notice to End Tenancy where the tenants or their guests have:

  1. • engaged in illegal activity that has caused or is likely to cause damage to the landlord’s property.

  2. • adversely affected or is likely to adversely affect the quiet, enjoyment, security, safety or physical well-being of another occupant of the residential property.

  3. • engaged in illegal activity that has jeopardized or is likely to jeopardize a lawful right or interest of another occupant, or the landlord.

  4. • significantly interfered with or unreasonably disturbed another occupant or the landlord.

  5. • seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant.

  6. • put the landlord’s property at significant risk.

  7. • caused extraordinary damage to a rental unit, residential property, manufactured home site, or manufactured home park.

  8. • damaged the rental unit to an extent that exceeds reasonable wear and tear, and the tenant has failed to take necessary steps to repair the damage within a reasonable period.

    9. Ending a tenancy without full notice

    s. 56 RTA and s. 49 MHPTA

    A landlord can apply for dispute resolution asking for an order to end a tenancy immediately if a tenant or the tenant’s guests have:

    1. • significantly interfered with or unreasonably disturbed another occupant of the property, or the landlord,

    2. • seriously jeopardized the safety, rights or interests of the landlord or another occupant,

    3. • engaged in illegal activity that has caused or could cause damage to the landlord’s property, disturb or threaten the security, safety or physical well-being of another occupant of the property, or jeopardize a lawful right or interest of another occupant or the landlord, or

    4. • caused major damage to the property or put the landlord’s property at significant risk.

      5. Basically there supposed to give one month unless you seriously disturb someone or do something illegal. she told me she gave me my one month, but i can EASILY say that is bullshit because i gave her my december rent and she cashed it. so no she didnt give me one month and no i didnt significantly disturb someone. i may have disturbed someone a few nights of living there the 4 months i had been living there but i wouldnt call that significant. i try and be pretty quiet and keep to myself.

Dec 4 2008 4:24AM
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Kazabazua
Posts: 3529 - Karma: 1,128

here's my summary of the case that i'll show to my lawyer

I was living there for 4 months with 12 students and jacquelin siebert in one house, I had paid my December rent, as shown with this cheque. I have 5 witnesses that can vouch that she without my permission went into my room and packed all of my things up and loaded them into her van on Wednesday December 3rd without warning she told me ‘you are leaving tonight’, and drove me to a house in East Vancouver that without my permission she had set up for me to live in. I denied to stay in the place and called a friend to stay with them where she drove me and dropped me off with all of my belongings in over 15 boxes that she had packed herself, I couldn't find any of my things because SHE packed them.

On other occasions she had been in my room when I had come home to do maintenance things without warning. When I told her that she was not allowed to go through my things and be in my room on December 3rd she said ‘well it’s my house’. I was renting the room for the price of 650$ a month. I paid my rent every month, in October my cheque bounced even though I had a sufficient amount of money in my account. She didn’t notify me of this until November 30th when I paid my December rent. She told me she had given me a month’s warning to move out which she didn’t she just assumed I was moving out January 1st because I had been looking for places. I told her no I haven’t found a place yet I might move out at the end of January instead we had this discussion mid november. So her months ‘warning’ didn’t make any sense and I have proof of that because she cashed my December payment, here on my bank statement.

Dec 4 2008 4:44AM
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alexL
Posts: 512 - Karma: 28
yeah what she did was definately beyond what she could do as landlord, make sure she hasnt stolen anything cuz it deff sounds like she would do that kinda thing ask her if she inventoried everything she packed up because you could hold that against her as well if she didnt (to show it as being completely irresponsible) and just the whole thing like setting u up in a different house just seems weird she must think she owns you, go get her.
Dec 4 2008 5:16AM
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2814
Posts: 292 - Karma: 10
Heh, I'm not in law school yet, but I was about to pull up the same section from the RTA. So aside from all that, here's what else she did illegally.

She had no legal right to enter your premises. She would have had to give at least 24 hours notice. The only time they can enter without warning is if they are repairing something or there is an emergency, like a fire. Since there was no warning, she entered without your consent.

The only time a landlord can touch a tenant's property is when the tenant has defaulted on rent and is moving out, none of which you were doing. She had no legal right to move any of your belongings.

What she did amounts to breaking and entering and theft. If anything, you can sue her. Also, ignorance of the law is no excuse. So even if she has never read the RTA, she is still wholly liable for violations of it.
Dec 4 2008 9:13AM
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fujarome
Posts: 8630 - Karma: 1,561
exactly, by you paying rent, she essentially gives up a lot of her rights to your room. Basically, she no longer fully owns that section of the building, you pay for it, therefore it is your own personal space. You legally pay for it=it is yours. She broke into your room, and that's a bne charge.

Pretty much the whole thing sounds wrong. But you're going to need to prove that you weren't be disruptive or anything that would give her the right to evict you so suddenly. But in any case, i don't think she would be allowed to pack your things up herself. (You can more than likely get her on theft if some of your stuff is completely unaccounted for)

keep us updated, i'm interested in this one
Dec 4 2008 9:55AM
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skeedle
Posts: 6156 - Karma: 628
duuuuuuuuuuude
go red the Capilano students union agenda all this shit is in there.

that fucking sucks! right in the middle of exams too. i hope something works out for you

Dec 4 2008 10:01AM
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Corben
Posts: 710 - Karma: 49
good luck with the case thing,

i would just steal her van right after i fed her to pigs and burned her house down.
Dec 4 2008 12:15PM
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wrenegade
Posts: 6631 - Karma: 41
....Paging JD to the white legal courtesy phone.

Definitely take a read over this, Residential Tenancy Act of BC:

http://www.rto.gov.bc.ca/documents/RTAGuidebook.pdf

It really sucks you didn't sign a lease. Don't do that again. Whatever recourse you may or may not have because of that fact, chances are you can fuck her over for having that many people living in the house. Unless the house is absolutely massive, there is no way that is legal. Also, find out what the zoning is for the place you live at. It's quite easy. Go here:

http://vancouver.ca/VanMap/

Find your address, get the zoning designation, then look the zoning up in the city bylaws (should be able to search a PDF very easily). That will definitely tell you whether or not you were even living legally in the residence. Whatever you do though, unless you can reason with her (doesn't seem like it) talk to a lawyer before throwing out threats or allegations.

I'm a real estate broker, but am rusty on my residential law unfortunately. I took my license more than a year ago, and have been practicing commercial stuff for 2.5 years.


Dec 4 2008 2:21PM
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da-bling
Posts: 1145 - Karma: 11
pretty sure she can't take your things and put them in her van without notice first
Dec 4 2008 2:52PM
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Palardy
Posts: 176 - Karma: 11
Honestly dude, going to court or getting a lawer and shit is going to cost a lot of money and a lot of time. Its not worth it.

Just tell her to fuck off and get your friends to stop paying rent until she lets you back in. She can't legally evict tenants for not paying rent until its been at least 3 months and there have been a certain amount of warnings. As you said your 12? people in it. She isn't going to be able to find 12 paying tenants overnight to replace all your friends. She'll cave and let you in. to get her money
Dec 4 2008 3:38PM
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fappy
Posts: 2960 - Karma: 15

what the fuck kind of local laws do you have that allow 10 random people to live in one house together?

also, is this her on facebook:

http://www.facebook.com/people/Jacqueline-McConnell-Siebert/741853867

thinking of messaging her a bunch of atheist shit

Dec 4 2008 3:56PM
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Kazabazua
Posts: 3529 - Karma: 1,128
the thing is dude, i dont want to go back. she invaded my privacy and i wouldnt feel safe there anymore. I'm going to FAIL my german exam tomorrow because of this because I have so much other shit to do like find out which boxes all my shit is in, i don't even know where my notebook is, i have to find a new place to live and study for 2 exams . She is basically going to pay for all of my time in my German and accounting classes and what it cost me to take them + my added tuition at my college + my rent that i've paid all equalling over 50,000$, basically she needs to pay for the price of my time and cost of living here because if i fail these exams then my time here was a waste, that goes on my transcript and fucks me up for the rest of my life. the only reason I'm IN vancouver is to go to college and ski, so if for some reason i don't do well in my college because of HER then i think she should pay for it.
Dec 4 2008 6:11PM
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2814
Posts: 292 - Karma: 10
Is this by any chance German history from 1800 -1914? If so I have some super dope notes for that class that you are more than welcome to
Dec 4 2008 6:40PM
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Kazabazua
Posts: 3529 - Karma: 1,128
ahaha thanks man but no it's the language german
Dec 4 2008 6:43PM
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2814
Posts: 292 - Karma: 10
Ah, well good luck anyway
Dec 4 2008 6:45PM
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