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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100032
Experience:  Lawyer
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Landlord asked me to leave property on 15 April, due

Customer Question

Hello. Landlord asked me to leave property on 15 April, due to what he claims is his mentally unstable and life threatened brother. No legally written paper of eviction notice was given. All that was provided was a verbal and text message (sms). I felt bad for the landlord and promised I would leave as soon as I have found a place. My search would result in nothing proper that fits my financial abilities. I. Found a place that is available 1st of June so I took on the date of may 11. When I tried to talk to my landlord to ask him for a couple of days, he declined me, so I asked to what I am legally entitled to which is a legally written notice to get me evicted so I can keep for my records.(please note that I did not say I am staying otherwise)
Hw then started threatening me and calling me and threatning that he will take me to court unless I leave by 16th of may. He also claimed that I am causing him so much stress since he gave me the eviction notice.
I don't know what else t do. Thank you.
xxx xxx
Telephone number xxx
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
These are the text message exchanges for today.
Expert:  Debra replied 2 years ago.
Please first set out your province and the basic facts and then your specific question.Thanks
Customer: replied 2 years ago.
I live in British Columbia, Canada and I'm not sure what facts you need that were not included above. The landlord is claiming he will sue me, and hold me responsible for any damages done to or by his brother and claims he will kick me out of his house. I want to know if he can do any of that when he didn't give me a single price of legal documentation asking me to leave.
Customer: replied 2 years ago.
Also what can I do that can help me against him.
Expert:  Debra replied 2 years ago.
There was a problem with your initial question and it didn't post but only your second post did.
But I switched to a different format and now I see that as well.
The problem is that you agreed to move out.
He did have to provide you with a written notice. And you could have refused to go and then he would have had to get an eviction order.
You would ultimately have had to leave but this would have bought you some time. If you had a fixed term lease you would not have to leave until the end of the term.
But it seems that you did agree to move out and once you did that he no longer had to give you any notice.
So you can still refuse to go and that will buy you more time as he will need to get an order but he will be able to get it since you agreed to leave.
Customer: replied 2 years ago.
Would he be able to sue me for any damages that his brother let's say causes?
Also since I agreed to TRY and leave and kept him updated about the situation that I couldn't find a house until late onto that month, does he have the right to decline me the right for a written legal notice as he did provide with a written notice which was in the form of a SMS text message and to the best of my knowledge is completely illegal? Also from what I know is the landlords use of property for a non-imediate family member requires a 60 day not a 30 day notice to end tenancy. Is that true and how does that work exactly?
Customer: replied 2 years ago.
I am just trying to make sure I can be safe from his threats because he was ongoing on how I will pay in every single way possible for the harm I am causing him by not moving out.
Expert:  Debra replied 2 years ago.
I did some research and he cannot evict you because his brother wants to move in at all. A brother in BC is not a close family member under the Act.
So he did not have grounds.
If you didn't actually agree then tell him you are not leaving, he has no right to evict you and that you never agreed to leave.
And because this is not a lawful eviction you will not be liable to him for damages.
I suggest you confirm all of this with the Residential Tenancies Branch next week when it re-opens after the weekend.

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