Hardcore Rock Superstar

iTrader: (2)

Hey folks....running into some issues, know that some people on here are cops or lawyers and looking for info on whats what and who might be in the right or wrong.

Me and two other guys have rented the basement of a house for about 6 years now (give or take a year. Over the last few months we've had some major mice problems which were never solved until about 2 weeks ago i'd say. April 1st, my landlords (live up stairs) decided they're gonna totally gut the basement and rebuild it all starting may 1st, thus we had 1 month to get out.

We said if thats the case, due to the conditions we've had to live in that we're simply not paying our last month of rent if they're kicking us out. None the less, we managed to get out this past sunday (april 30th - last day of hte month) and had everything out except for some stuff we put in the garage as they said we were fine to leave in there until we could pick it up. Went back today to pick it up, only to find, they had taken my roommates bike (~$400) and his R7 golf driver (~500). We found this out from the construction guys working there that they'd taken some stuff.

Buddy went upstairs found a cell phone for the landlord guy and said whats the deal, and he said he was just goign into a meeting and couldn't talk about it.

So this is where we stand, i dunno who's in the right, who's in the wrong, or what rights either side had.

To Recap: Thru out our ~6 years we never had any sort of contract written up what so ever. Just rented on a month to month basis, until they said we have 1 month to be out. We said we weren't paying rent cause we had no money due to a downpayment on a house (was our excuse and somewhat true), they said maybe we could trade (and even asked if they could keep our dog), we said no. Moved out, except for the few things we set aside in the garage as they allowed, now 2 days later, some items are missing.







Whats the deal...can we go to the police and say that they essentially stole those items if they refuse to return them? Were they allowed to give us only 1 months notice to vacate? Are we obligated to pay?

I did find:
http://governmentservices.gov.ab.ca/pdf/tipsheets/RTATipsheet.pdf
which if i read right, i think said they have to give us 3months notice (page 9). But because of no written notice i don't know whats right and whats wrong, it's too late to phone these folks and inquire with them, so yeah...i'm just checking to see what you folks know.

Thanks for any replies or help you guys have.

MR2NR

iTrader: (66)

Yes, a theft charge is more than appropriate as your items were removed without your consent, either in verbal or written form. The items removed were also witnessed by a third party who informed you that they were removed. This is a separate issue altogether from the rental agreement. A landlord and a tenant must both abide by the laws that govern the rental of a property. The rules will differ from province to province, here in BC, we have the Residential Tenancy Act that is legally binding on both parties. As you are in a different province, check how this act will apply to your situation.

GrizZzled

Yup, I'd phone a cop and ask advice. He/she may tell ya to call someone else, like the Sheriff or something, but they'll get ya started. And yep, they'll tell you to report the items as stolen.

Xiph0id

iTrader: (1)

Also call the Landlord and Tenant board in Edmonton.

They can be of great help.

Team Shadow

i think your screwed, because they are innocent until proven guilty. all they have to say in court is there was never a bike there. and then its up to you to prove that you left the bike there.....do you have proof of just your word? do you have a pic of it in there or a video...or somehting that shows it in there. cause you can't just go into court and say ..yes he let me leave it in there.....all he has to say is...what are you talking about and then its on you to prove it.

as far as a letting you out.....you had nothing in writing they can give you 1 days notice as you are not in contract....not like a contract will change that. but you can stay as long as you pay...if you wanted to stay there without paying that's exactly what a judge would say..no pay.... no stay. you pay....you stay.

last thing....just because you win in court just means that you can go forward to the court of queen bench and submit form(that costa bout 100) to try to get your money back... doesnt mean that you will get your money back...just means that you have the right to try. i won a case for 500 clams and then didnt get a penny because you basically have to pay to get your money back....comes out to very timely and expensive to submit all the forms(garnishes and stuff) and no garantees. id spend your money on buying a new bike and golf clubs.

had somehting similar happen so that is why i am advising you.

Dukk

^ If it was me, the bastard would be innocent until proven I could drive my leg, up to the knee, into his rectum...

Emilio

i own my own townhouse and rent out 3 rooms 1) ur tenats should have given u rent reciepts. to do ur income tax and 2) u can still take then to court for kicking you out of the house its 2 months notice here.

Hardcore Rock Superstar

iTrader: (2)

In a wacky update.....

Apparenlty roommate talked to one of hte landlords...who chewed him out about everything, he couldn'tg et a word in. So he called her husband (the other landlord) and he explained that he told hte contractors (gutting hte basement) to take whatever they wanted outta what was left of our stuff and that he'd just take it off the final bill for them gutting the basement. Thus they took the driver and bike.

They also explained how they're mad that we took our bbq with us. They thought we were jsut gonna leave it .

So as a resolution, my roommate said we'd buy them a bbq ($300ish no more), assuming he gets his driver and bike back, and that we never want to hear from them again, nor are they welcome in the places of business that we work (agreed to by the business's). Mainly a large sports store in edmonton (possibly the largest in canada).

And i guess thats the end of it...i'm still confused on how they think up this random crap!!! keep the bbq, keep our dog???

Hardwrkr

iTrader: (5)

Sounds like you've made a decent comprimise. If you call the police in your area they will contact the other party and find out their side from them as there are more than a few variables here. They will more than likely try to get the two of you to work together to find some sort of agreement without having to drag things into court. This is beneficial for everyone.

If you have an agreement to pay rent to live somewhere (whether verbal or written) there is a difference between saying at the end of the month "we have no money for next months rent so we will move out before the start of the next month" and living in the place for a month under the assumption that the rent for that month will be paid at the end and then leaving without paying your bill.

Anyways, glad to hear you sorted things out.