I could use some legal advice

[RDude]

My partner and I have a problem that is not really adult related, but I thought perhaps another Canadian might be able to shed some light on our situation.

We moved into a duplex at the end of July and it's a very nice place. Fairly quiet, newly renovated and I have lots of space to work and play my music etc. I also started drawing again, as I was able to pull out my drafting table. However....while the landlord had no plans of selling the duplex when we signed the lease, it is now up on the market and the house showings are about to begin.

I have talked with a Residential Tenancy Branch rep and she informed me that the landlord must agree to our terms as far as showing the house is concerned. He has agreed to make it the two days a week that we prefer. The problem is he will not state a window of time the house is going to be showed. The rep also informed me that he must state a "relative" exact time frame and cannot say "a 1/2 hour to 3 hours" - which is exactly what he is saying. So he is not adhering to RTA protocol.

While the showings are going on Saturday my partner and I can take off for a while, Wednesday will be another matter though. She'll be at work and I'll be here trying to work. It's no secret what I do for a living of course. LOL. The landlord doesn't know I'm involved with adult and I don't intend to tell him. I also do mainstream web design and that's what I showed him. So here I will be trying to work, complete strangers walking through the house for up to 3 hours (or however long it takes to show it), while working on gay porn. LOL. I will be putting up a divider around my work area with a sign not to disturb. I can't have it any other way.

Ok.....so how can I get this guy to listen to me that I want an exact time how long the house showings will be? My time is money and I have informed him that if he messes with my work time, I will arbitrate the lease. He laughed at me.

If you have experienced this or have some advice, please help.

Thanks:cool:

[dzinerbear]

Put a lock on the door and refuse him entry until he complies with your wishes. He can't kick the door down with potential buyers standing right there. Once he can't get in to show your part of the house, I'm sure he'll start giving you the time frame you want. BTW, you don't need to spend a fortune on the lock, just one of those chain jobbies should send a message to him.

Michael

[tim]

Sorry to hear about this, hope you find as decent a place and a much better landlord, as you deserve it.

[rawTOP]

Having just gone through the sale of our place and now looking for another place we've done open houses at our place and we've been through renter's apartments - so we've seen both sides of the coin.

Just tell your landlord that he can only do open houses for an hour and a half max and only once a week. Trust me, longer open houses don't do that much better than shorter ones. If he wants to do other showings they have to be by appointment at a time that works for you and can't be for more than an hour at a time.

My guess is you don't even have to leave your place during the showing. I've seen a number of places where the tenant didn't leave. It's awkward 'cause you can't look as thoroughly as you would otherwise. If things really get tense with your landlord, walk around in your underwear while he's showing the place, or leave some dildos out by the bed... He'll get the message very quickly that if he doesn't work with you, then you'll ruin every prospective buyer he brings by. You have a lot more power than you might think.

So just state what works for you with a smile and he'll work around it.

[Gaystoryman]

That sucks, sorry to hear that. I don't know if there is any real 'way' to make him listen, but one thing to always keep in mind, have it documented, so that you can arbitrate it, successfully. He said, I said, doesn't cut it, when it comes down to a battle. It is who will be believed, who can prove it.

If he calls, to say he will be bringing someone buy between 1 and 4, you tell him access will be between 2 and 3, and the premises will be secured before and after that time frame. Document it with a registered letter, keep a diary of his calls, of what is said, and while it may not make him listen, it covers your ass for later.

But that is just my opinion, certainly not legal advice.

hope it all works out.
Ian

[MrMax]

My guess is you don't even have to leave your place during the showing. I've seen a number of places where the tenant didn't leave. It's awkward 'cause you can't look as thoroughly as you would otherwise. If things really get tense with your landlord, walk around in your underwear while he's showing the place, or leave some dildos out by the bed... He'll get the message very quickly that if he doesn't work with you, then you'll ruin every prospective buyer he brings by. You have a lot more power than you might think.


yup. I was an agent once and will never forget showing a condo to an old Russian couple. The condo had gay xxx porn posters all over the walls and sex toys out.
The tenants were obviously gay renters who were pissed that their landlord put the condo on the market. It was so uncomfortable but hilarious trying to look at rooms and pretending you dont see the naked cocks and spread asses on the walls lol. The showing went very fast, they just wanted to get out of there.

My landlord once showed my apartment with no notice, just knocked on my door, and I had a fleet enema standing tall on the bathroom sink. When you walked in the bathroom your eyes went right to it. Come to think of it, that was the last time she showed my apartment before i moved out lol.

In your situation I would just move out, its not going to get better. And in this market it could take a LONG time to sell so you may have to deal with this for months. And its annoying to have to keep cleaning the house especially when sometimes buyers dont show up.

The landlord cant give you an "exact" time because the agents only give a time frame "Ill be there between 3 and 4". They just give ranges so thats all the landlord can give you.
If he's too stringent on the time liek saying showing only from 3 to 3:30 then he'll lose a lot of buyers who arent available.

[camcruise]

Sorry to hear that. I agree with Mr Max. Start looking for a new place.
I dont know how this works up north. But in the states when a home or duplex goes up for sale the renter are toast. The new owner may want to live in your unit or sell it to someone else. Or in our case years ago, let their Mom live in it.
We knew that we moving when one of the people showing the house asked Tony how fast could we move out if they put a bid it for it.
It is best to start looking now while you have some time to find a nice place rather than getting short notice and have to move out fast.

[RDude]

Thanks for all the advice folks.

It's interesting to hear a perspective from both landlords as well as from other tenants.

Unfortunately, after checking with the Residential Tenancy Act for the different provinces in Canada, the only person who can relate to me at this point is Gaystoryman. This is not to say that Ontario isn't pretty similiar Dzinerbear, but these things vary from province to province. I wish they didn't to be honest. I like your idea about the chain lock Dzinerbear. I checked and it's actually legal to do. He MUST comply with our wishes.

There certainly is a huge difference between Canada and the US when it comes to this kind of thing. Here in BC, Canada, if a landlord wants to move their family in or wants you out, you must be given no less than 90 days of notice of this, they must pay all your moving expenses, and you as a tenant do not have to pay the last 2 months rent. So renters have a lot of rights here. Which they should. After all, I work just as hard for my money that I pay to these people.

We have the right to take the landlord in front of an arbitration board at this point. The problem is it could take months to get a hearing. Especially being the time of year it is. So basically, the same person we pay our rent to has screwed us out of a Christmas. He said he will be doing showings over the holiday. Nice guy huh? Fuck me.

For those of you I have contracts with, let this issue not worry you. Work will be done per usual. I will just have to lay down the law and if need be, put a chain on the door so he can only get in when I say so. Which is my right.

Thanks again