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Frequently asked questions

Tenant

Landlord

Answers

Tenant

I need some legal advice because I am having problems with my landlord.

The Community Legal Clinic can help. The Legal Clinic holds clinics in each area of the County one day a week. They also have duty council available at the Rent Tribunal. Their clinic is free and they provide legal advice to tenants who need assistance regarding any problems that relate to the Tenant Protection Act. Call 1-800-461-8953 for an appointment in your area.

My landlord wrote me a note telling to leave my apartment. What do I do?

A written note is not legal to evict you. The landlord must give you an official Rent Tribunal form to evict you no matter what the reason.

My landlord gave me an N4 form for non-payment of rent and it says I have to move in 14 days. What do I do?

The N4 form is the first step in the eviction process. No papers are filed with the Rent Tribunal at this point. If you owe the amount of money that is stated on the N4 form and you pay it within the 14 days the notice is cancelled. If you owe the money and cannot pay it within the 14 days the landlord can file with the Rent Tribunal on the 15th day for a Writ of Possession. If you want legal advice call the Community Legal Clinic at 1-800-461-8953.

I got notice from the Rent Tribunal that my landlord has filed for eviction and a court date has been set. What should I do?

You must file the dispute form that is attached to the notice WITHIN 5 DAYS if you wish to fight the eviction. It is very important that you plan to attend the hearing if you want to fight the eviction. If you want legal advice call the Community Legal Clinic at 1-800-461-8953.

My landlord won’t do repairs to my place. I want to hold back my rent to force him to do repairs.

YOU CANNOT WITHHOLD RENT BECAUSE THE LANDLORD DOESN’T DO REPAIRS. The landlord can evict you for non-payment of rent. You should give your landlord a written request to do repairs by a certain date. If the repairs are not done and they make your place unsafe you may wanted to call your area building inspector who can issue work orders against the landlord. You may also wish to file a T2 for with the Rent Tribunal. The Tribunal may find that you are entitled to rent abatement because repairs are not completed. You may want legal assistance through the Community Legal Clinic to file these papers. Call 1-800-461-8953.

I live in a room and the landlord told me I had to leave right away. Can he do that?

If you live in a rooming situation where you share a bathroom and/or a kitchen with the landlord, he can ask you to leave without notice. If your landlord does not share a bathroom and/or a kitchen he must follow the rules under the Tenant Protection Act to evict you for any reason.

My landlord is threatening goes into my place when I’m not there. What do I do?

It is illegal for your landlord to harass or discriminate against you. The landlord must give 24 hours written notice to enter your apartment for a specific reason such as necessary repairs (unless it’s an emergency). If you want legal advice call the Community Legal Clinic at 1-800-461-8953.

Landlord

I have tenants who have been a good tenant until two months ago when they fell behind in the rent. I hate to lose them because they have been with me for six years now and they do take care of the place but I need the rent money. What can I do?

Talk to the tenants about what has occurred in the last two months to cause the problem. Refer them to the Housing support service in your area. Qualified counselors may be able to assist the tenants to resolve their problem. They may be eligible for additional financial assistance. The counselor may also be able to mediate a resolution to avoid eviction.

How much notice do I have to give to raise the rent?

The landlord can raise the rent by the percentage set by Rent Control each year. Notice for an increase in rent must be done in writing 90 days ahead and should be on the official rental increase form provided by the Rent Control office. You may call the Rent Control office at 1-800-461-2882 for information regarding the rate for this year and where to get forms.

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