If your roommates want to be there beyond March 31st, they should be covering your April rent.
There is no benefit to you having the tenancy extend until the end of April. It's in your financial best interest to give notice immediately for an end of tenancy on March 31st. If your roommates want to stay longer, they should pay for it. Use the savings to store your stuff.
Unfortunately since your co-tenants gave notice to end the tenancy, unless the landlord is willing to write a new agreement with you only, the tenancy ends for everyone.
I would recommend messaging the landlord stating that you are willing to stay and take over the entire rental and will add roommates as needed so that the landlord can not claim lost revenue. The landlord does not have to accept this though.
I wouldn't trust the landlord to store your belongings for you. You'd have to reimburse the landlord for the costs of their storage and expenses and they can just toss it if the value isn't high enough. See more here (also linked by /u/hungover247365)
Your co-tenants kind of fucked you by reneging on the agreement you all signed, so if you wanted to, you an just move your stuff out and ask the landlord to end the agreement even earlier with an RTB-8 or just stop paying rent once you are out of there. The co-tenants would have to pay your share or they could be evicted for non-payment of rent. They could try to sue you after through CRT though. The damage deposit would also go back to whichever co-tenant the landlord feels like giving the deposit back to and it would only be given up after everyone has moved out.
My question to you is, what is it that you want out of this? Legally speaking, landlord doesn’t have to agree to anything and you would be responsible for their losses. Landlord does have to mitigate losses, but if there are losses, you would be responsible.
The landlord can store his belongings but he is required to reimburse the landlord for any storage costs - an important fact that you forgot to mention.
Van landlords tend to piss me off more then anyplace.
1st question do you want to move.
2nd question do you just need your stuff taken care of, if the landlord has to store it there are costs to this and they are higher then having a friend do it.
You can file a dispute with the RTB to buy more time.
You can also ask your friends to inform the landlord they have changed there minds and will not more out. They still can but the landlord has the right to make you sign a new agreement.
I actually wouldn't mind moving out of this place however I will be travelling from March through May so I'm essentially paying to have my stuff stored here until I come back. If LL is kicking me out end of April then I want to throw my stuff into storage now before I leave. Ideally I wouldn't even pay for April but the issue is the joint tenancy it would put pressure on the co-tenants to cover that money.
So the move out date is set for March 31? If that’s the case, and you’re not in town, the landlord would have to store your stuff for 2 months but at YOUR expense. You can ask your friends to help you move your stuff out. Regardless of situations you are responsible for your belongings.
Ideally I wouldn't even pay for April but the issue is the joint tenancy it would put pressure on the co-tenants to cover that money.
It's not your problem. They're trying to break the lease early and putting you in a bad spot. Tell them it's in your financial best interest to give notice immediately for an end of tenancy March 31st. Give them the option to pay your April rent in lieu of that notice.
You sound like a good person, but your friends decided to leave costing you money. That is not fair or nice either, So you have full control of where you spend your money. It's your call.
I support my friends growing in their careers and taking sudden jobs as life’s opportunities will never come during a lease break. I’m not going to sue. I don’t mind paying a bit of money but if I don’t have a place to come back to the incentive is for me to leave sooner.
Love this mindset, if you're ok with footing over the extra month of rent so that they can stay another month.
That said, your friends should know that you wouldn't be there so it really should be on them to split your month half-half, esp since now you have to pay to store your stuff (and probably a ST rental when you come back until you can find a place).
The whole travel thing was a recent development as was their job opportunities it’s just bad timing and no one is really at fault for negligence here. I will negotiate with the landlord today and see if I can sublet my room for the remaining month and a half while accepting the eviction.
Yeah for sure, its good to be happy for their jobs, but also have them realize that it is bad timing/has a bad effect on you.
I doubt the LL will have trouble re-renting it out so a month difference shouldn't really affect too much . Subletting has its own concerns, especially if they do end up not taking care of the place in your absence, it might affect your ability to get your damage deposit back (esp if you're not here in person to look at the property).
Good points. And yes it does pose potential trial negatives, I guess I’m just super flexible right now as I’m in between work contracts those months. I am going to negotiate with the landlord and try and sublet my room for the last month while I’m away. The remaining tenants will be there to make sure everything is good.
The landlord is not kicking you out. They are following the rules as per the RBT. Your co tenants are the ones that are kicking you out. The thing is with co-tenantsm they could move and leave you for April and you would be the one responsible for all the rent.
Alternatively, you can stick to the original timeline and give notice to end tenancy at the end of May ( I believe that was the original proposal? ) LL cannot force you to leave a month earlier and if the roommates are ok with this, it allows you some time to get back and grab your stuff as well.
If your roommates want to be there beyond March 31st, they should be covering your April rent.
There is no benefit to you having the tenancy extend until the end of April. It's in your financial best interest to give notice immediately for an end of tenancy on March 31st. If your roommates want to stay longer, they should pay for it. Use the savings to store your stuff.
Unfortunately since your co-tenants gave notice to end the tenancy, unless the landlord is willing to write a new agreement with you only, the tenancy ends for everyone.
I would recommend messaging the landlord stating that you are willing to stay and take over the entire rental and will add roommates as needed so that the landlord can not claim lost revenue. The landlord does not have to accept this though.
Did your co-tenants sign a mutual agreement to end tenancy (RTB-8)? they wouldn't be able to end the fixed-term agreement otherwise (unless you planned to leave at the same time as per s44 (1)(d) of the RTA)
I wouldn't trust the landlord to store your belongings for you. You'd have to reimburse the landlord for the costs of their storage and expenses and they can just toss it if the value isn't high enough. See more here (also linked by /u/hungover247365)
Your co-tenants kind of fucked you by reneging on the agreement you all signed, so if you wanted to, you an just move your stuff out and ask the landlord to end the agreement even earlier with an RTB-8 or just stop paying rent once you are out of there. The co-tenants would have to pay your share or they could be evicted for non-payment of rent. They could try to sue you after through CRT though. The damage deposit would also go back to whichever co-tenant the landlord feels like giving the deposit back to and it would only be given up after everyone has moved out.
Regarding your right sand responsibilities, you should read this document from RTB: https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl13.pdf
Your friends are the ones that screwed you and the landlord over here. The landlord is letting all of you out of the lease. You have no rights.
It’s not so cut and dry, we are eligible for a return on damage deposit and there is room for negotiation.
My question to you is, what is it that you want out of this? Legally speaking, landlord doesn’t have to agree to anything and you would be responsible for their losses. Landlord does have to mitigate losses, but if there are losses, you would be responsible.
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The landlord can store his belongings but he is required to reimburse the landlord for any storage costs - an important fact that you forgot to mention.
Van landlords tend to piss me off more then anyplace.
1st question do you want to move.
2nd question do you just need your stuff taken care of, if the landlord has to store it there are costs to this and they are higher then having a friend do it.
You can file a dispute with the RTB to buy more time.
You can also ask your friends to inform the landlord they have changed there minds and will not more out. They still can but the landlord has the right to make you sign a new agreement.
https://tenants.bc.ca/your-tenancy/roommates/#:\~:text=If%20the%20roommate%20leaving%20gives,agreement%20in%20order%20to%20stay.
I actually wouldn't mind moving out of this place however I will be travelling from March through May so I'm essentially paying to have my stuff stored here until I come back. If LL is kicking me out end of April then I want to throw my stuff into storage now before I leave. Ideally I wouldn't even pay for April but the issue is the joint tenancy it would put pressure on the co-tenants to cover that money.
So the move out date is set for March 31? If that’s the case, and you’re not in town, the landlord would have to store your stuff for 2 months but at YOUR expense. You can ask your friends to help you move your stuff out. Regardless of situations you are responsible for your belongings.
It's not your problem. They're trying to break the lease early and putting you in a bad spot. Tell them it's in your financial best interest to give notice immediately for an end of tenancy March 31st. Give them the option to pay your April rent in lieu of that notice.
You sound like a good person, but your friends decided to leave costing you money. That is not fair or nice either, So you have full control of where you spend your money. It's your call.
I support my friends growing in their careers and taking sudden jobs as life’s opportunities will never come during a lease break. I’m not going to sue. I don’t mind paying a bit of money but if I don’t have a place to come back to the incentive is for me to leave sooner.
your parents should be very proud of you. Its so very rare to see someone put someone else first when asking for help.
edit all that know you should be
Love this mindset, if you're ok with footing over the extra month of rent so that they can stay another month.
That said, your friends should know that you wouldn't be there so it really should be on them to split your month half-half, esp since now you have to pay to store your stuff (and probably a ST rental when you come back until you can find a place).
The whole travel thing was a recent development as was their job opportunities it’s just bad timing and no one is really at fault for negligence here. I will negotiate with the landlord today and see if I can sublet my room for the remaining month and a half while accepting the eviction.
Yeah for sure, its good to be happy for their jobs, but also have them realize that it is bad timing/has a bad effect on you.
I doubt the LL will have trouble re-renting it out so a month difference shouldn't really affect too much . Subletting has its own concerns, especially if they do end up not taking care of the place in your absence, it might affect your ability to get your damage deposit back (esp if you're not here in person to look at the property).
Good points. And yes it does pose potential trial negatives, I guess I’m just super flexible right now as I’m in between work contracts those months. I am going to negotiate with the landlord and try and sublet my room for the last month while I’m away. The remaining tenants will be there to make sure everything is good.
if you are good to go then make sure the landlord signs
https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf
damage deposit is only for damage if your landlord asked for any other kind of deposit it was not legal and must be returned
The landlord is not kicking you out. They are following the rules as per the RBT. Your co tenants are the ones that are kicking you out. The thing is with co-tenantsm they could move and leave you for April and you would be the one responsible for all the rent.
We have figured it out now. Nobody is getting screwed anymore
btw you can sue your friends for breaking the lease to cover your costs if need be.
I'm not suing my friends lmao
good that option sucks :)
As a roommate nothing. If you hold a joint lease one party can end it. If lease in your name then continue to stay
Alternatively, you can stick to the original timeline and give notice to end tenancy at the end of May ( I believe that was the original proposal? ) LL cannot force you to leave a month earlier and if the roommates are ok with this, it allows you some time to get back and grab your stuff as well.