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They gave me the standard Residential Tenancy Agreement and…

They gave me the standard...
They gave me the standard Residential Tenancy Agreement and it says the landlord may end the tenancy only for the reasons and only in the manner set out in the Residential Tenancy Act and the landlord must use the approved notice to end a tenancy form available from the
Residential Tenancy Branch. The interesting point here is, I am 99% confident, that they have no idea that this is a shared accomodation situation, and will give me 14 days notice on the prescribed forms, then I can go to dispute resolution and claim that the Residential Tenancy Board has no jurisdictions, then they can do the trespass thing, but at least this buys time and maybe a settlement. On the other hand, if they know, this is a shared accomodation, there must be some common law that allows me to leave in an orderly manner then I will sue in Small Claims for the monetary amount of $3300. In BC disputes for small claims starts at $5000, so I have to the Civil disputes tribunal, except when you go there, it states not for landlord and tenant or shared accomodation issues, the small claims court says, fill out their forms, then get a letter from them saying they do not have jurisdiction, then we, the small claims court, will then take your case. Do you find this situation in other provinces and states? The poor uneducated layman, in this case, just does not have a chance, how come no legislative body, considered this case, there must be a lot of shared accomodtion situations. I went to the residential tenancy board offices, and the first thing the officer asked me, do you share a kitchen or bathroom with your landlord, and then I was now on this new course, I gurantee you, the landlord does not have a clue that he is in a better position than he thinks he is in.
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Answered in 8 minutes by:
3/23/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,526
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Why do they owe you the $3300?

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Customer reply replied 3 months ago
Debra,Sorry I took so long to respond, I had to go to a meeting.The $3300, is $2300 for 23 $100 monthly payments to BC Hydro for excess electricity which BC Hydro assures me that there was no excess hydro, lack of the landlord and myself knowledge of electricity usage.$468 for a repair bill on his vehicle which said he would start paying me back weekly, which he didn't.$500 for a bet on the US Election in 2016, which he lost, but not a beep about paying the gambling debt.Total $2300+$468+$500=$3268.00Thank you Barry

If you want to stay longer pay the rent for another month so you have more time. The landlord may not know the law now but if he asks anyone he will know it soon.

So why not pay the rent, stay so you are not stuck with no place to go and sue after you find a place and move out?

And what you are owed is not rent or anything like that so you can sue without being told it is a landlord tenant matter.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
Debra, Lawyer
Category: Canada Law
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 3 months ago
Debrathe $2300 paid to BC Hydro, if not prepaid rent, what is it?

It may be that it is part of the rent but there are so many issues that I believe you can likely successfully lump them together or at least you should try to do so.

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Customer reply replied 3 months ago
I
Customer reply replied 3 months ago
I pay y
Customer reply replied 3 months ago
I pay the April rent, thus they cannot evict for tresspassing in all of April because they accepted the rent? Is that correct?
That is likely what a court would say. Yes.
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Customer reply replied 3 months ago
Hopefully last question, which court?9

Civil Resolution Tribunal (CRT).

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Customer reply replied 3 months ago
Thank you, ***** ***** have a plan

You are very welcome.

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