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I've lived in my apartment in Kitsilano for nine years. A few years ago, people noticed a bad smell in the middle of the building, but nothing, as far as I could see, was done about it. A month ago, the building was sold, and the new owner started renovations. She got a building inspector down, and they started to search out the reason for the smell. It appears there is some kind of drainage leak, and there may be some contaminated water under the floor in my apartment.

Yesterday, the property manager told me that on Monday, people will be entering my apartment to cut holes in the floor. If they find a drainage issue under my floor I will have to move out. Permanently. She said she'd already given notice to the man in the apartment next to me, to move out. I stress, not to move out temporarily while they fix the problem, but permanently. If they find the same problem with my suite, I'll have to move out at the end of July. When I asked how I could possibly do this -- pack and find a new home and move, all by the end of July -- she told me that was my problem, not hers.

I've done some research at the Vancouver Rentals board site, and I don't think this is legal, but the apartment manager here has told me they can use the excuse of a 'frustrated contract', because of needed emergency repairs. However, if they're not going to do the repairs until August, how is it such an immediate emergency? Also, I don't understand why I can't just move out temporarily, and then move back in. I've tried talking to both managers about this, and gotten no clear answer.

Has anyone here any experience with such a situation? I was going to post at the Vancouver Rental LJ, but it doesn't appear to be active, and this LJ is.

Thanks. I'd be grateful for any kind of data that might help me if it does turn out they insist on me moving out by the end of July.


( 4 comments — Leave a comment )
Jun. 30th, 2014 05:55 am (UTC)
Post to r/vancouver - they might be helpful.
Jul. 1st, 2014 07:52 am (UTC)
This sounds like a opportunistic renoviction on the part of the property owner/managers.

You should contact the Residential Tenancy Branch, ASAP:

To remove you, you normally need written notice, either in the form of a 1 month notice with VALID reasons marked, or a mutual agreement to end tenancy; however they are correct in that frustrated contracts are a reason to end tenancy...

https://www.rto.gov.bc.ca/documents/GL34.pdf covers frustrated contracts; typically this would be if the unit actually becomes permanently uninhabitable.
Jul. 1st, 2014 06:35 pm (UTC)
I'd suggest calling the TRAC tenant hotline and getting their advice. It sounds like you've gotten all the general information, but having someone specifically tell you from the perspective of advocating for tenants (unlike RTO, which is 'neutral') will help you figure out all the options available.

Jul. 4th, 2014 04:58 pm (UTC)
Yeah I would call TRAC they are very helpful and know your rights.

It sounds like they are doing a reno-viction.....
( 4 comments — Leave a comment )

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