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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98899
Experience:  Lawyer
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Landlord / Tenant Law; I have had on at least two occasions

Customer Question

Landlord / Tenant Law; I have had on at least two occasions someone entering my home, which is a condo rental, and left disturbing things inside. This happened twice when after something the condo board people had a problem with me (actually my daughter), someone would leave an unflushed stool in my toilet. As dispicable as this is, it gets better. I complain to the Calgary Police and accused the condo board of entering my condo. Afterwards they sent a Cease and Desist letter from their lawyer and sent the fees ($600.00) to my landlord. My landlord insists I pay this or she has threatened to have me evicted and take the fee out of my damage deposit. I have accused her of being responsible for my lack of quiet enjoyment of the condo, as someone else has a key. I am absolutley 100% sure the doors were locked that day. I am extremely furious that my privacy can be invaded like this. My lease runs out at the end of July, and I have bought a house anyways and plan on leaving at the end of June. I will give her minimal proper notice, but would like to know if I can or even should take legal action against her and or the condo board. It may be minimal and not recoverable fees to spend on this type of action (please advise). Yes, I replaced the locks.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What was the cease and desist letter about?
Customer: replied 2 years ago.
To stop harrassing the condo board. They are like Nazis. Since then they have never bothered us and won't even look at my girlfriend. they always used to say hello to at least her. I have had the condo board threaten in the past to enter my condo due to water sprinkler yearly maintainance (nonemergency). I threatened them with legal action back then and have not been on good grounds since
Customer: replied 2 years ago.
This was clearly a message from the condo board. The police investigated but they are good liers I guess. I would love nothing more than to get one or more of them in front of a judge but again it may not be worth it. I would also have to take time off work for this. I work out of town and make over $100 a day
Customer: replied 2 years ago.
That is why they threatened to enter my condo because I was out of town and not available to open up for them. Girlfriend was not available either.
Customer: replied 2 years ago.
My thought is that I can easily put a stop payment on my July month's rent and give her a vacate notice at the end of June. But the best would be to have someone charged for B & E of my home.
Customer: replied 2 years ago.
Sorry that should be over 1,000/day
Expert:  Debra replied 2 years ago.
When you started to have trouble with the Board did you tell the landlord?
Customer: replied 2 years ago.
Yes she was notified. As a matter of fact they were the ones that emailed her and then she forward to me. After the first incident when someone enterred the condo, I was not sure anyone would be thatt stupid to do such a thing and wrote it off as one of my daughter's friends doing this. Afterwards I asked the landlord if anyone else has a key and she said no. To this day she insists she did not give a key to the condo board but I say BS, it is her responsibility to ensure nobody else has access to the condo.
Customer: replied 2 years ago.
She never said there were any problems or offered to change the locks. I changed the locks last time myself. When I complained last time I left voice messages, email and text messages and she did not reply for about 10 days. When she finally replied, the first thing she did was find an aliby to show she was not the one who broke in. More concerned with her own ass than mine. I still have not given her a key for the condo.
Expert:  Debra replied 2 years ago.
You are mainly right but not entirely. The condo must have a key. That is for safety issues so the landlord is wrong. And while you are correct they cannot simply enter when they want to do so they can enter for emergencies without notice and to make repairs or for other maintenance with notice. Your landlord also has that right. If you complained to the landlord and she failed to deal with entering without notice then you can seek a rent abatement from your landlord.It is not likely possibly to successfully sue the condo board. You have to prove they did something wrong and that you suffered damages
Customer: replied 2 years ago.
I asked her to be partially responsible and she denies responsibility
Expert:  Debra replied 2 years ago.
You are mainly right but not entirely. The condo must have a key. That is for safety issues so the landlord is wrong. And while you are correct they cannot simply enter when they want to do so they can enter for emergencies without notice and to make repairs or for other maintenance with notice. Your landlord also has that right. If you complained to the landlord and she failed to deal with entering without notice then you can seek a rent abatement from your landlord.It is not likely possibly to successfully sue the condo board. You have to prove they did something wrong and that you suffered damages.
Customer: replied 2 years ago.
K Thanks. Rent abatement means small claims court?
Customer: replied 2 years ago.
The condo BOARD must have a key? I this is the case then it is obvious who is at fault. Also who is the culprit.
Expert:  Debra replied 2 years ago.
That is one option. The other is to use this route: http://www.servicealberta.ca/rtdrs/
Customer: replied 2 years ago.
I like that idea better. Although it doen't give me all the satisfaction. Thank you.
Expert:  Debra replied 2 years ago.
You are very welcome.

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