tenants.bc.ca   gov.bc.ca/Solicitor General website   www.tao.ca   http://www.bcli.org/LawInstitute

 Hometheaterhifi.com   cses.com/canada/bcpage   Residential Tenancy Act     Rental Housing Associations


BEORE THE ADJUSTER ARRIVES   http://www.pep.bc.ca/dfa_claims/dfa-intent.html 

Your-clean up will probably begin before the adjuster arrives.

  1. Where possible, damaged contents should not be thrown away until the adjuster arrives. If items must be thrown away, the claimant should take pictures of the items.
  2. For structural damage, if the repairs must be done before the adjuster arrives, please take pictures of the damage before it is repaired.
  3. Start to make a list of items that have been damaged or lost. Keep track, on a daily basis, of the number of hours you and your family or friends spend cleaning up your property.
  4. For small business, farm and charitable organization claimants, obtain a copy of your most recent financial statement. If you have no financial statement, the most recent tax return will do.
  5. Renters should obtain a copy of their lease or rental agreement for their property. Homeowners should obtain a copy of their most recent property tax notice.
  6. If you have rented or hired equipment or other suppliers to assist you with clean up, keep receipts or invoices.

a) the amount required to repair the property to the condition it was in immediately before its use or acquisition, and

(b) the amount required to replace the property with property of the nature, value and quality of the property being replaced.

eligible expense -  to repair damage caused - that are a normal risk of a business, trade, calling or enterprise,

for repair, rebuilding or replacement that cannot be considered essential to a home, livelihood - to repair, rebuild or replace structures, including, without limitation, buildings, fixtures, retaining walls, dikes and septic systems, that had significantly deteriorated before the disaster through neglect or undue wear and tear

eligible materials" means (a) eligible personal effects, (b) eligible business materials

"eligible personal effects" means

(a) for an owner of a structure referred to in section 9 (a), the necessities of life owned by and required for the owner or any of the other permanent residents of the structure, and

(b) for a tenant in a structure referred to in section 9 (b), the necessities of life owned by and required for the tenant or any of the other permanent residents of the structure;

"eligible residence" means a structure owned by a claimant and occupied by the claimant as the claimant's principal residence;

"eligible personal effects" means
(a) for an owner of a structure referred to in section 9 (a), the necessities of life owned by and required for the owner or any of the other permanent residents of the structure, and

(b) for a tenant in a structure referred to in section 9 (b), the necessities of life owned by and required for the tenant or any of the other permanent residents of the structure;

"eligible residence" means a structure owned by a claimant and occupied by the claimant as the claimant's principal residence;

"eligible structure" means (a) an eligible residence, (b) an eligible business structure,

A recovery plan submitted under subsection (3) must include

(a) an estimate of the response costs,

(b) for each project within the recovery plan, a description of the damage incurred, the work to be done and an estimate of the costs required to restore a public facility to pre-disaster condition,

on the completion of that project,  filling and levelling to restore essential access, servicing and space  connections, the eligible residence

http://www.qp.gov.bc.ca/statreg/reg/E/EmergencyProgram/124_95.htm#section%201


Summary of BC Law   1997

Application Fee:


January, 1996

that tenants have all the rights and landlords have to suffer the consequences. "good tenants" to rent to,

This happened to my husband and me, and we were badly screwed, not just by our landlord, but by the system that ultimately backed him up. Here's the story, as told to the BC Residential Tenancy Branch in a bitter letter of complaint after our eviction:

We Just Wanted a Stable Home...

As a result, the security of our living arrangements and our privacy became critical and sensitive issues to us. In addition, moving is a severe disruption to our lives and exacts a significant financial and emotional toll. (As professionals, we have many possessions, including over 1000 books.)

Because of this turn of events, enjoyment of our new house was virtually ruined, right from the beginning. We were forced to dispense with many of our long-range plans, such as starting a garden and buying a pet, because of the instability of our housing situation.

During this time, we cooperated fully by allowing unrestricted entry, keeping the house neat and clean, and staying out of the way.  Understandably, this ongoing invasion of our privacy, with no end in sight, was becoming increasingly tiresome and vexatious for us.

We realized that by cooperating with the realtor and the landlord for showings, we were only helping them and hurting ourselves. Therefore, as a way to compensate us, we asked the landlord for a goodwill gesture of $800 to cover our moving expenses once the house sold. There was no response to this request, so we tried to make him understand our dilemma by showing him that he needed our willing cooperation to sell the house.

Our first move was to put some reasonable restrictions on our terms of consent to enter. Also, we told the realtor that if he wanted to come at times other than the specific times we allowed, he would have to give us the legally-required 24-hours written notice. From this point forward, the realtor and the landlord displayed amazing incomprehension and insensitivity to all our conditions and concerns. When we tried to correct or explain again something they had misunderstood, they would simply continue to misinterpret and misunderstand. They were ignorant about the legislation governing landlord/tenant relationships and we found ourselves having to spell out the law to them. They refused to even talk to us about the possibility of compensating us for our distress, and instead acted insulted and outraged at our suggestions of financial compensation. At one point, the landlord even accused us of extortion.

all we had done was engage in lawful, conventional activities in the privacy of our own home, at the same time that the house was being viewed by potential buyers.

to cooperate with

These grievances were that our common-law rights to "quiet enjoyment of the premises" and "exclusive possession of the premises" were seriously impaired by the intrusions of the realtor and by the actions of the landlord from the very first week of the lease. A further grievance is that neither the landlord nor the realtor made any attempt at any time to address or even understand our objections.

an early termination is "very serious" and is only used in cases where the tenant is "causing extreme damage or endangering the safety of the landlord or other occupants...

tenants' legal rights to quiet and exclusive enjoyment of their home.

should have been entitled to financial compensation under common law and/or civil law,


RE: Residential Tenancy Act rewrite - act quickly to protect renter's >rights! 14 Dec 2001

You can find the draft plain language Act on the Solicitor General website >at http://www.pssg.gov.bc.ca/rto/


What can be done if a landlord won't make repairs?

Without a written lease, a landlord can give a 30-day written notice for a renter to leave at the end of the next month. For example, a landlord can give notice in mid June that he wants the renter out by July 31. A specific reason is not needed. However, they can't discriminate or retaliate for complaining about repairs.

Can a landlord enter a rental unit at any time?

For more information on Landlords and Tenants: Rights and Responsibilities contact the Minnesota Attorney General's Office at 651-296-3353 or 1-800-657-3787. If your income is low, call your local Legal Aid office. 2001/2003

they should be structurally safe, sanitary, weatherproofed, and include adequate water, electricity, and heat.

A landlord should make necessary repairs and perform maintenance tasks in a timely fashion, or include a provision in the lease stating that tenants can order repairs and deduct the cost from rent.

A landlord must give prior notice (typically 24 hours) before entering your premises and can normally only do so to make repairs or in case of an emergency.

If a landlord has violated important terms related to health, safety, or necessary repairs, you might have a legal right to break your lease.

Most states require landlords to return refundable portions of a security deposit within 14 to 30 days after the tenant has vacated the premises, even in the case of eviction (get out).

If a landlord makes life so miserable for you that it forces you to move, it may be considered "constructive eviction," which is usually grounds for legal action.

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