My friend lives in a trailer court in Northern Alberta - owned by Compass and has a RTDRS hearing on January 14.
The reason is "the tenant informed compass they got laid off and can no longer pay lot rent" - I looked into the evidence they provided and it was an email he sent (when asked when he could pay lot rent) 'I got into a collision with a moose and was recently laid off. I cannot pay lot rent anymore. Im not sure when ill be able to pay it'
The wording of this email is cause he was panicking/being depressed over not having any income. He does tend to overreact in these situations....and this time its landed him in some hot water.
They are seeking: - unpaid lot rent ($955) - termination of tenency - fees for filing ($75)
In early November my friend got into a car accident, hitting a moose and writing off the car. He then got laid off from his job a couple days later. He filed with e.i, had to fight with them and was finally approved for ei and got paid for 6 weeks of ei yesterday.
He immediately paid his lot rent and should be paid up to Feb 1 now. He informed the community manager and she simply replied he would still have to attend the hearing.
He was looking for work during this time, he got a job but it doesn't start until Jan 8 when he flies to a camp job.
I saw he can send in his own evidence so I suggested he send in: Pictures of the car accident, maybe even the police report Screenshots of when he applied for E.I and screenshots of when he started receiving E.I A copy of his offer of employment letter/first couple flight itinerary for his new job.
We arent even sure how he will attend the hearing as he will be working away in a remote area during that time and the community manager said the person he requested represent him cant because they arent on the lease.
I've heard some horror stories when it comes to this stuff, is there any hope for winning his judgment? Any tips or suggestions?
Thank you in advance!
He doesn’t need to send in evidence related to the accident. Unfortunately bad life situations don’t negate the need to pay rent. However, if he is up to date, that is evidence he needs to submit (you can submit online in the portal). His eviction should be negated if that’s the ONLY reason they sent him the notice and initiated a hearing, and he is now up to date.
He has to attend the hearing (or have a representative, like a lawyer, attend on his behalf). Typically hearings are via phone, not in person. He could call RTDRS on Friday and explain the situation, and see if they will postpone it until he’s back, or if there are any other options, if he really can’t make the phone hearing.
ETA: I have gone through a hearing once, as a landlord, and it was very straightforward. I attended the hearing from my car because I was in the middle of driving somewhere - it lasted less than 10 minutes and started promptly at the time they indicated in the notice.
Thank-you! Im glad to know it'll be short and sweet. Im hoping paying his lot rent will help with his case. I honestly think its abit extreme over the wording of that one email but it is what it is and the best we can do is try.
On the form they sent the only reason listed was because he told them he was laid off and can't pay anymore (his dumb wording). Hes had some infractions in the past (lived there 7 years, occasional your grass is too long etc and one to replace the fence which hes dealt with)....if these are not listed in the form can they try to bring them up? If they do can he politely steer it back on topic?
If the eviction is only for non-payment of lot rent, that is what the hearing will be focused on. He’s up to date now so it should go in his favour. Good luck to your friend, I hope he is able to get back in his feet quickly.
Thank you! Have a Happy New Year 😊
Has his tenancy actually terminated? If not, the hearing sounds redundant.
Not that im aware of. He got an eviction notice in early Dec, I think the move out date was supposed to be Dec 29 I think, cause he couldn't pay his lot rent and then the rest of this snowballed after the initial eviction notice
The eviction notice is the end of his tenancy by Dec 29. Has he contacted RTDRS to see if he can change the hearing date?
1) The most important evidence will be proof that he has paid all outstanding rent and fees. The reason for the earlier failure to pay rent isn't relevant. He can provide info about what happened, but the case won't be decided on that basis. Make sure he uploads all evidence as soon as possible. If he delays and uploads it too close to the hearing, it may cause problems.
2) It is essential that your friend or a representative attend the hearing. If they do not, the RTDRS may decide the case based solely on what the landlord says (and it is not unusual for landlords to lie during a hearing).
3) Your friend can have a representative attend for him. It can be a lawyer, a paralegal, or just a friend or family member. Make sure they are familiar with all the evidence beforehand. RTDRS is done by phone, so even if your friend is away, ideally he will be on the call as well.
4) Stop taking advice from the community manager or anyone else associated with the landlord. They do not represent your friend or have your friend's best interests in mind.
5) Your friend may want to call the Edmonton Community Legal Centre to arrange a free (phone or virtual) consultation with a lawyer. He should call immediately and leave a message and clearly state the hearing date, so they know it's urgent.
Thank you! This is all very helpful information and I will send it all to him right away. I am going to meet with him again Friday to help him upload the evidence
100% attend; I've had a landlord try to lie through their teeth during a hearing, and they only got caught in that lie because I was there to call it out (on a filing I submitted for keeping my damage deposit)
No lawyer but if he's paid up in full then the rtds process ends.
Unfortunately hardship doesn’t mean you don’t pay lot rent as he/ she can mitigate by getting EI if eligible.
Absolutely, I understand. He had to fight with ei to be approved
he was laid off but it reactivated an old claim he had previously been denied instead of opening a new one...he got it sorted but it took 7 weeks and a bunch of phone calls.
He ended up missing payments for just about everything and was relying on the food bank a couple times to get by.
He paid off the lot rent first and other things he could as soon as it hit his account. With ei approved and a new job on Jan 8, hopefully things start looking up for him abit!