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I have one more question. Is this a good form to send to my…

I have one more question...
I have one more question. Is this a good form to send to my property Managment company? Loss of Quiet EnjoymentDate: Insert Date
 
Tenant's Name: Insert Your NameTenant’s Address:
Insert Street Address
Insert City, BC
Insert Postal Code
 
Landlord’s Name: Insert Your Landlord's NameLandlord’s Address:
Insert Street Address
Insert City, BC
Insert Postal Code
 
Dear Insert Your Landlord's Name,
 
According to section 28 of the Residential Tenancy Act (RTA) (www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28), I have the right to quiet enjoyment. The RTA states
 
(1) A tenant is entitled to quiet enjoyment including, but not limited to, rights to the following:
(a) reasonable privacy;
(b) freedom from unreasonable disturbance;
(c) exclusive possession of the rental unit subject only to the landlord's right to enter the rental unit in accordance with section 29 [landlord's right to enter rental unit restricted];
(d) use of common areas for reasonable and lawful purposes, free from significant interference.
 
My right to quiet enjoyment is being violated in the following way:
 
                                                     Insert Description of How Your Right to Quiet Enjoyment Is Being Violated                                                      
As a landlord, you have a legal obligation to make a reasonable effort to correct the situation. Should the matter not be resolved, I have the right to apply for dispute resolution through the Residential Tenancy Branch (RTB) to ask for an order that you comply with section 28, as well as monetary compensation for loss of quiet enjoyment. I am hopeful that we can resolve this matter without the need for dispute resolution.For additional information on this matter, please see RTB Policy Guideline #6 “Right to Quiet Enjoyment” (http://www2.gov.bc.ca/gov/content?id=C9E865601539459690DEF276FFEF09CA), or contact the Residential Tenancy Branch (www.gov.bc.ca/landlordtenant) at(###) ###-####or 1-***-***-****.
 Thank you,                              [Signature]Tenant's Name:
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Answered in 11 minutes by:
3/24/2018
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,906
Experience: 10+ years defending Misdemeanor and Felony cases.
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Thank you for requesting me. I am not sure where you got that from but it does not look as though it applies to Florida. You can use it as a framework but want to hit on the implied right to quiet enjoyment and how that is being violated.

Implied Covenant of Quiet Enjoyment

Under this covenant, tenants have an exclusive right of use of the unit they are paying rent for. Tenants are entitled to privacy as well as reasonable peace and quiet. Quiet does not mean silence; it means to be free of legitimate nuisances. This includes but is not limited to landlords or neighbors creating disturbances or frequently engaging in disruptive behaviors. Additionally, when landlords repeatedly enter occupied units without giving proper notice or handle personal property without consent, that also qualifies as a legitimate nuisance.

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http://www.epgdlaw.com/what-is-residential-constructive-eviction-in-florida/

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Customer reply replied 5 months ago
Would Constantly being bombarded with emails and texts wanting to show the unit be considered as a nuisance? It certainly feels like it.
We really feel uneasy in our own home. It has become extremely stressful.
We are trying to do the right thing
How often are these sent?
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Customer reply replied 5 months ago
Daily
They need to reach out to arrange a showing if there is a buyer so when they are contacted they need to see if it can be shown. However, you should try and give them certain days or times, if possible that are almost preset whereby they can just schedule a showing and let you know so you do not need to be bothered.
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Customer reply replied 5 months ago
Thank you again for all your help

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,906
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified
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