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Tenancy Act

Jan. 2, 2014, 12:10 p.m.
Posts: 12253
Joined: June 29, 2006

I know we have had a few of these threads so I am guessing there are a few of you that know this stuff.

I am at the end of a year lease and I am currently looking to buy, so I have no interest in another fixed term which of course the landlord wants. They wanted a year, but now they are asking for 6 months. What are my rights? I know if nothing else is signed we go month to month based on the previous lease, but if I say no, what can the landlord do. The wording in the tenancy act is murky.

"When a tenant is not required to move out at the end of the tenancy
and wants to stay, the landlord and tenant may sign another fixed-term
tenancy agreement, or the tenancy can continue on a month-to-month
basis under the existing terms of the tenancy agreement. Once the
tenancy is month-to-month, the landlord cannot force the tenant to go
back to another fixed term or sign a new agreement."

Jan. 2, 2014, 12:17 p.m.
Posts: 762
Joined: Nov. 19, 2003

tell landlord you will do month to month and be prepared to leave. imo the lease is just convenient for the landlord and not worth the paper it's written on. landlord isn't going to waste time and money if the lease is broken.
show landlord the actual document you got the quote from and go from there.

Jan. 2, 2014, 12:45 p.m.
Posts: 712
Joined: Aug. 10, 2010

why doesn't the landlord want to go month to month, surely you could help them understand that continuity of tenancy is worth more than a fixed term, if you've lived there for any amount of time they will probably need to do some minor repairs anyway.

just read the other post, mine should say I agree with Butler

Shredding hypothetical gnarr

Jan. 2, 2014, 1:26 p.m.
Posts: 12253
Joined: June 29, 2006

I am renting through Century 21 and so I don't get to talk to the landlord directly. When I reviewed the lease agreement I see they do have me by the short ones because it is a fixed term agreement, which I assume is there way of forcing tenants to renew with another year term. I could roll the dice and I doubt they would kick me out but I don't really want to do that.

EDIT: So long story short, there is little I can do. Basically it is their policy to only do fixed term leases so that the tenant has far less power to move when they want and they can simply refuse to extend if they want you out. They can also increase my rent without 3 months notice because you need to sign a new agreement with could have new terms (which they also just did). I am glad this is the last time I rent.

Jan. 2, 2014, 2:36 p.m.
Posts: 762
Joined: Nov. 19, 2003

i would present all that info to the residential tenancy board to see what they say.

Jan. 2, 2014, 7:33 p.m.
Posts: 1186
Joined: Oct. 21, 2008

pretty sure they can't evict you if you refuse to renew. Either they give you 60 days notice [HTML_REMOVED] 1 months rent free or the tenancy converts to month-to-month.

At least, that's how it used to be…

Jan. 2, 2014, 8:03 p.m.
Posts: 34067
Joined: Nov. 19, 2002

Cite to them what you posted here and tell them you're going month to month.

It is easy to dodge our responsibilities, but we cannot dodge the consequences of dodging our responsibilities.
- Josiah Stamp

Every time I see an adult on a bicycle, I no longer despair for the future of the human race.
- H.G. Wells

Jan. 3, 2014, 1:21 a.m.
Posts: 3834
Joined: May 23, 2006

Cite to them what you posted here and tell them you're going mouth to mouth.

fyp

Freedom of contract. We sell them guns that kill them; they sell us drugs that kill us.

Jan. 3, 2014, 10:27 a.m.
Posts: 1521
Joined: Nov. 21, 2002

If I understand correctly, you probably have the box checked on your rental agreement that says something to effect of "This is a fixed term lease and at the end of the term, the tenant must vacate the unit". I've been in a similar situation before, and confirmed with the tenancy board that under those terms, you're SOL. Property management companies always select that option because it gives the tenant zero rights at the end of the term.

Do you have any way of contacting the owner of the unit? You could try to get the owner to rent directly to you since they'll save the 10% that Century 21 takes each month. I did that once with a landlord after the property management company proved to be useless (protip: they're all useless).

Way back from the old school days of NSMB…

Jan. 3, 2014, 10:33 a.m.
Posts: 12253
Joined: June 29, 2006

If I understand correctly, you probably have the box checked on your rental agreement that says something to effect of "This is a fixed term lease and at the end of the term, the tenant must vacate the unit". I've been in a similar situation before, and confirmed with the tenancy board that under those terms, you're SOL. Property management companies always select that option because it gives the tenant zero rights at the end of the term.

Do you have any way of contacting the owner of the unit? You could try to get the owner to rent directly to you since they'll save the 10% that Century 21 takes each month. I did that once with a landlord after the property management company proved to be useless (protip: they're all useless).

You got it. It was written right into their lease and is basically their way of getting around the pesky tenancy act… and it works. It is like you are re-renting after every term. I talked to them and just told them that they should represent both of our interests, not just the owner who they say they represent since I am a customer paying their commission and that all this little move does is piss me off enough to want to move.

Jan. 3, 2014, 4:56 p.m.
Posts: 2430
Joined: Oct. 23, 2004

Yep you are SOL unless you can come an agreement with the landlord's representative. Century 21 is definitely representing the landlord, as I'm pretty sure they are assuming that given the choice, you wouldn't be giving them 10 percent over what the landlord makes on the unit each month.

Pretty sure you know that you also cant just not sign and say "Im going month to month" as a couple have suggested above. Not a good idea. The BC tenancy act gives the landlord the right to reassign the unit anyway, remove your stuff, charge you for that, along with charge you for extra moving costs, storage costs, and short term temporary rent that the new tenant incurred while they waited for you and your stuff to get punted out to the curb.

However, if you sign in to the 6 month lease you have right to sublet or offer up a tenant to reassign the unit to. BC tenancy act does not allow the landlord to be unreasonable in their evaluation process of the new tenant and the landlord will likely take them on. They are going to have to do that anyway if you leave after the 6 month term, and if you get someone to reassign to they can move in right when you leave and the landlord doesnt loose a months rent showing and re-renting the suite. Win Win.

If yer buying just push the closing out to a couple months plus to give yourself time to find a new tenant to reassign to. Or push your closing out to as close to the end of your tenancy as you can. Then do any renos of the new place and some of the moving stuff into the new place yourself, over a few weeks and save yourself some bucks to offset the one or two extra months rent you had to pay.

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