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fixed term lease with vacate clause

chrisratcliffe

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Dec 14, 2016
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I live in a tight rental market. I've lived in my current suite for the past 4 years and never felt I had the leverage to negotiate out of the fixed term lease with vacate clause. It has finally come to haunt me. With less than 2 months notice, my landlord notified me via phone call through their newly hired property manager that my rent will increasing 48% should I wish to keep living here. Thats a $650/month increase.
All the advice I've been given so far basically says I'm screwed and don't have a leg to stand on despite the fact that I'm a quality long term tenant. I'm reaching out to the seasoned landlords and experienced people who are reading this for help/advice. Surely there is a way to fight this? As they are obviously exploiting a legal loophole.

Mr. Hutniak CEO of Landlord BC is quoted saying "If no inspection of the unit was conducted and the existing tenant's deposit wasn't returned between the end of a fixed-term lease and the beginning of a new agreement, then the landlord has no right, under the current laws, to increase rents above the prescribed limit".

If the above scenario were to occur, could it be contested in court?
 

Thomas Beyer

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Aug 30, 2007
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I'd say you have good legal grounds that you are on a month to month lease. Don't leave and let them fight you in court.

Also, new GreeNDP government has promised to amend this loophole. Contact David Eby, the new AG at [email protected] to describe your case as a test case to shepard through BC court system.
 

chrisratcliffe

New Forum Member
Registered
Joined
Dec 14, 2016
Messages
8
I'd say you have good legal grounds that you are on a month to month lease. Don't leave and let them fight you in court.

Also, new GreeNDP government has promised to amend this loophole. Contact David Eby, the new AG at [email protected] to describe your case as a test case to shepard through BC court system.


Thanks for the helpful info Thomas.
 
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