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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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served eviction notice

Resolved Question:

served eviction notice, but were not served notice correctly.It did not include dispute resolution proceeding letter or the dispute resolution proceeding information package. There is no date shown for when hearing is scheduled or proper method listed to show how to present our side of dispute. 

this is in province of BC

Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
I see.

So the notice may have been wrong but you moved out already.

And also you are never allowed to withhold rent because that is always grounds for eviction.

If he was disturbing your peaceful enjoyment of the home you could have brought an application to get an order for him to stop and even for a rent abatement but you cannot withhold rent on your own.
Customer: replied 2 years ago.

we were behind on rent, but intended on paying it . the notice was served while we were still living there. we had not started to pack until we got notice.


Expert:  Legal Ease replied 2 years ago.
I understand.

But being behind on rent is grounds for eviction.

If you had paid it he could not evict you for non-payment of rent.

If you were late a few times he could evict you but it would not be a short eviction.

So no matter how the notice was done you still owe the rent.
Customer: replied 2 years ago.

rent for Oct I can understand, but I don't see how he can for charge for Nov : He gave us notice on the second of Oct

Expert:  Legal Ease replied 2 years ago.
It's because you had to give at least one month's notice.

So if you were leaving mid October that is like notice given mid October. That notice would be valid for your ending the tenancy at the end of November.

But why not say you will pay for October if he signs a release.

That is a good settlement.

I am in Ontario and it's past midnight. So I am going to bed but will check back first thing in the morning in case you still need me.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 94695
Experience: Lawyer
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