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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am helping a friend with her Landlord Tennant Issues. She

Customer Question

I am helping a friend with her Landlord Tennant Issues.
She rented from a landlord resident in Vancouver.
The house is in West Kelowna.
At the beginning of her short tenancy the Landlord began to make all kinds of sexual innuendo communications by texting. The landlord came to Kelowna to visit and wanted the tenant to take him home with an apparent desire to sleep with her.
She eventually decided that due to poor maintenance, sexual harassment and other reasons to vacate the property.
The landlord let her out of the lease after she found a new tenant.
However the landlord is going after the tenant for $7500 which appears to be a vengeance for her rebuffing his advances.
We have a complete record of texts starting in March of 2015.
She played a long for awhile because she was scared of losing her rental property.
As I said she eventually gave up and move out Oct 31 2015.
The landlord has played a lot of games, file a dispute resolution and now is emailing her suggesting she should settle because he is likely going to take her into bankruptcy.
She is very scared.
Tell me what advice should I give to her.
Thanks,
Mark
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

I am sorry to hear this.

What is his explanation for this amount that he is seeking?

When he agreed to let her out of the lease was there any agreement about her having to pay any sort of fee for this? Was this in writing? If not were there any witnesses? Is he denying that he agreed to let her out of the lease?

Customer: replied 10 months ago.
The majority of his claim is his insistence that he had to replace the carpets.
He claims that her dogs urinated on the carpet which a carpet cleaner could not remove.
He claims that she caused stains on the carpet.
There was no move in condition inspection report and no move out condition inspection report provided to the tenant.There was no agreement for the tenant to pay any sort of fee to the landlord for moving out. (Therefore nothing in writing)
There are witnesses to the house being in great shape when she moved out.
I have lots of documentation that I could provide to you by email.
Expert:  Legal Ease replied 10 months ago.

So is the next step for her to attend the dispute resolution hearing?

Customer: replied 10 months ago.
Expert:  Legal Ease replied 10 months ago.

I am so sorry. I just saw now that my answer did not post. I provided it immediately. This tends to happen from time to time but I never know when it happens or why and I am really sorry about that.

I will provide my answer again right now.

The landlord, aside from being a total creep, is a bully. He has no possibility of bankrupting your friend and that sounds like a mean and nasty quite ridiculous threat so please tell your friend that this is what I am saying. She has no reason to be terrified of some ridiculous and pathetic man.

She did not cause damage to the carpet and she left the place impeccable. He is angry that she has gone and angry that he didn't get what he wanted with her. He owed her a duty of care and she had the right to peaceful enjoyment of her home and he denied her that duty and that right. She should be seeking a rent abatement.

He will have to prove the damages if he wants to collect and he won't be able to do that as your friend didn't cause the damages and has witness she can produce and should. As well, he failed to comply with his legal obligation to do the inspections and make the reports and so has little likelihood of succeeding even for that reason alone.

As well, the $7500 is patently absurd and I am sure the adjudicator will see this for what it really is. It is a punitive action by a man that was rebuffed by a tenant.

But be sure your friend tells the adjudicator about this man's advances so that his motivation becomes clear.

Does that help?

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