Popular Post 112 Posted July 22 Popular Post Share Posted July 22 Hi all, I'm in a bit of a predicament here. I will try to explain my situation with as much detail as possible and with good clarity. I rent a basement suite and my immediate family lives upstairs. I moved in after my family began renting the place. As far as I understand it, my father is my landlord and I am subletting, although there was no written agreement and only a verbal one at the outset. There is no shared living space; they have their area and I have mine. I pay $800*mo. in rent to my parents, while the rent for the entire house is ~$2,900. I survive on disability assistance and the expectation is that I pay my rent as soon as my money direct deposits monthly, which is typically on the 3rd Wednesday of every month. I've already paid my rent for the month of August. I am becoming worried that my family will not be able to cover rent for this month and do not know how or if I could be impacted if they are unable to put together the funds. (As an aside, if they can't manage the rental payment for August, I doubt that I will be able to recover my $800, and so finding another place to live on a 10-day eviction notice would be impossible.) I'm wondering what the procedure is in cases like this considering I have already paid my rent to my landlord as a subtenant. If my family can't afford to keep the rental agreement going on their end, would I still be able to live here (at least for next month)? Would I have to make a new agreement with my family's landlord if I wanted to stay here? And would he be allowed to set the rent for that agreement at whatever cost he wants without consideration of the usual 3.5% rent increase limit? I'm beginning to have a pretty anxious headspace here. Obviously I have concerns for my family, too, but I'm also very fearful of my own ass at this point. All help, answers and advice is greatly appreciated. Thanks! 5 Quote Link to comment Share on other sites More sharing options...
Satchmo Posted July 22 Share Posted July 22 3 minutes ago, 112 said: Hi all, I'm in a bit of a predicament here. I will try to explain my situation with as much detail as possible and with good clarity. I rent a basement suite and my immediate family lives upstairs. I moved in after my family began renting the place. As far as I understand it, my father is my landlord and I am subletting, although there was no written agreement and only a verbal one at the outset. There is no shared living space; they have their area and I have mine. I pay $800*mo. in rent to my parents, while the rent for the entire house is ~$2,900. I survive on disability assistance and the expectation is that I pay my rent as soon as my money direct deposits monthly, which is typically on the 3rd Wednesday of every month. I've already paid my rent for the month of August. I am becoming worried that my family will not be able to cover rent for this month and do not know how or if I could be impacted if they are unable to put together the funds. (As an aside, if they can't manage the rental payment for August, I doubt that I will be able to recover my $800, and so finding another place to live on a 10-day eviction notice would be impossible.) I'm wondering what the procedure is in cases like this considering I have already paid my rent to my landlord as a subtenant. If my family can't afford to keep the rental agreement going on their end, would I still be able to live here (at least for next month)? Would I have to make a new agreement with my family's landlord if I wanted to stay here? And would he be allowed to set the rent for that agreement at whatever cost he wants without consideration of the usual 3.5% rent increase limit? I'm beginning to have a pretty anxious headspace here. Obviously I have concerns for my family, too, but I'm also very fearful of my own ass at this point. All help, answers and advice is greatly appreciated. Thanks! I wish you the best of luck. Based on what I've read, it takes a while before renters are forced to leave a rental home. These guys should have better advice than I can give: How do I get free tenancy advice in BC? TRAC's Tenant Infoline (604-255-0546 or 1-800-665-1185) provides tenants across BC with free legal information and referral services. Hours of Operation: Monday: 1-5pm. Tuesday: 1-5pm. Googling renters rights advice prince george bc brings up all kinds of stuff. 1 1 Quote Link to comment Share on other sites More sharing options...
112 Posted July 22 Author Share Posted July 22 Just now, Satchmo said: I wish you the best of luck. Based on what I've read, it takes a while before renters are forced to leave a rental home. These guys should have better advice than I can give: How do I get free tenancy advice in BC? TRAC's Tenant Infoline (604-255-0546 or 1-800-665-1185) provides tenants across BC with free legal information and referral services. Hours of Operation: Monday: 1-5pm. Tuesday: 1-5pm. Googling renters rights advice prince george bc brings up all kinds of stuff. Thank you, Satch. I'll call them tomorrow and hope there isn't much of a queue. 1 Quote Link to comment Share on other sites More sharing options...
stawns Posted July 22 Share Posted July 22 2 hours ago, 112 said: Thank you, Satch. I'll call them tomorrow and hope there isn't much of a queue. Go on the trb site and get ahold of someone. You're in a bit of a different situation as yours subletting, but, essentially you're not in any immediate danger........your family has some time to get it together anc the landlord doesn't have many avenues, other than filing an arbitration case and waiting it out 1 Quote Link to comment Share on other sites More sharing options...
Bob Long Posted July 22 Share Posted July 22 2 hours ago, 112 said: Thank you, Satch. I'll call them tomorrow and hope there isn't much of a queue. That's the best advice, call those who do this every day. I really hope that this works out for you . 1 Quote Link to comment Share on other sites More sharing options...
Popular Post Elias Pettersson Posted July 22 Popular Post Share Posted July 22 I'm pretty much an expert on this so I'll save you the phone call my friend... 1. If you are paying rent to your parents and are not directly on the tenancy agreement, then you are not technically a "tenant" under the RTA, you are an occupant. So, the RTB won't even take your phone call as they don't deal with occupants. 2. If your parents don't pay the rent on time, then the Landlord could serve them a 10-day notice to vacate for unpaid rent. Your parents would have 30 days to respond to this notice. If they do respond and I will tell you that they need to, then the arbitrator will set a date for an arbitration meeting. For unpaid rent this could be a 3-4 month waiting period. So you have lots of time to find a new place and shouldn't be panicking right now. Even if you lose the arbitration, the arbitrator might give your family leniency given your situation and they might give you a "grace" period to find a new home. 3. Since you are an occupant and not an actual tenant as per the RTA, the current rent you are paying does not fall under the 3.5% increase threshold. You would need to apply to rent the place just like any other new tenant and the Landlord can ask for market rent. More than likely, if you are eventually evicted for unpaid rent, the Landlord would market the place for rent at market rents, so you would probably be out of luck. As an aside, I would tell your parents to contact the RTB and let them know of the situation. It's possible they could also file for arbitration. However, I would wait it out to see if your Landlord serves your parents the 10-day notice to vacate. If they do, your parents could also file a counter claim to state their case and then both partis could present their cases in front of the arbitrator. If you want to read up more on this, please go to the link below to the TRAC website for tenants... https://tenants.bc.ca/ Also, you could contact the government to see if you fall under the crisis supplement program. If you are on disability, they might look at your case... https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/crisis-supplement Good luck... 4 4 1 Quote Link to comment Share on other sites More sharing options...
Elias Pettersson Posted July 22 Share Posted July 22 I forgot to mention that your father isn't your Landlord. He is the "head" tenant and you are an occupant and not covered under the RTA. You are not subletting. Subletting is when you take over someone else's lease after they move out. You also need Landlord approval for subletting. I'm assuming you have nothing in writing with the Landlord or your parents, so unfortunately you aren't covered by the RTA. Hope that helps... 2 1 Quote Link to comment Share on other sites More sharing options...
Optimist Prime Posted July 22 Share Posted July 22 Situation could possibly be mitigated with an honest dialogue between your folks and the landlord, pay him what can be paid and all of you work to make up the shortfall as fast as possible between rent due dates. You have paid 800, leaves 2100, how much do the folks have? IMO if they are short hundreds and not thousands, this might be better solution, and honest dialogue won't impact any eviction proceedings at all, other than to show a willingness to pay and attempts at mitigation on your folks end. edit: I also wanted to mention most provinces will have something like this in BC, you can do some google searching to find info appropriate to your location, but maybe this will help for a one time shortfall? https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/crisis-supplement 1 2 Quote Link to comment Share on other sites More sharing options...
Elias Pettersson Posted July 22 Share Posted July 22 (edited) 1 hour ago, Optimist Prime said: Situation could possibly be mitigated with an honest dialogue between your folks and the landlord, pay him what can be paid and all of you work to make up the shortfall as fast as possible between rent due dates. You have paid 800, leaves 2100, how much do the folks have? IMO if they are short hundreds and not thousands, this might be better solution, and honest dialogue won't impact any eviction proceedings at all, other than to show a willingness to pay and attempts at mitigation on your folks end. edit: I also wanted to mention most provinces will have something like this in BC, you can do some google searching to find info appropriate to your location, but maybe this will help for a one time shortfall? https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/crisis-supplement Excellent idea. If the Landlord does take less rent and allows you time to “catch up”, then the RTB would take this as the Landlord agreeing to the lower rent for now, so the 10 day notice might be ineffective for them. I always tell someone who is a Landlord never to accept lower rent and negotiate as the arbitrator will use it against them. And they will. So this will work for 112 and his family IMO. Edited July 22 by Elias Pettersson 1 1 Quote Link to comment Share on other sites More sharing options...
112 Posted July 22 Author Share Posted July 22 (edited) 2 hours ago, Optimist Prime said: Situation could possibly be mitigated with an honest dialogue between your folks and the landlord, pay him what can be paid and all of you work to make up the shortfall as fast as possible between rent due dates. You have paid 800, leaves 2100, how much do the folks have? IMO if they are short hundreds and not thousands, this might be better solution, and honest dialogue won't impact any eviction proceedings at all, other than to show a willingness to pay and attempts at mitigation on your folks end. edit: I also wanted to mention most provinces will have something like this in BC, you can do some google searching to find info appropriate to your location, but maybe this will help for a one time shortfall? https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/crisis-supplement Good thoughts, thank you (and everyone else who's chimed in). I am in BC btw. I'm not sure how willing the landlord would be toward working out a repayment plan, but that's of course the ideal solution. There was a time a couple of years ago now where we were short $500 on the rent (we were able to pay the remainder within a few days) and he came to the door to complain about it. As for what the folks have: I'm not fully certain as they don't talk with me about the money situation much, although my mother mentioned yesterday that my parent's account is in arrears. They're stuck in a cycle of payday loans and have bills to catch up on--e.g. Shaw is threatening to cut our internet and cable right now and mom's trying to get a payment together. My mother doesn't have an income and dad receives a pension which I think is around $1,200 (not sure the exact number) and which goes into their account near the end of the month. I also have two sisters who live upstairs and have (albeit low) incomes, so the situation isn't totally as dire as it seems from what I've written so far. My mother was able to secure a $400 loan this morning and my sisters are in the process of applying for loans of their own. I'll definitely look into the crisis grant idea that you and EP have brought up. I don't enjoy dealing with the Ministry on this stuff, but obviously the rent needs to be paid. I'm hopeful they'll issue me something; the gov website is a bit difficult to navigate, but if I got to the right information, it looks like I could receive up to $550, which would be a godsend. I'm not sure they'd be willing to issue it to me though because I'd really just be making up for other people in the household who aren't able to cover their side of the rent; I'm technically the client, not my parents, and they might see it as funds going toward someone whom they shouldn't be supporting. We'll be in a better situation money-wise in the coming months most likely. There were big costs over the past couple of months that took away from what we're working with in terms of finances. (Although some of it is just plain bad decisions I can't understand why my family makes--i.e. paid $800 to get something out of the pawn shop this month instead of just extending a month until we're in a better place.) e: It looks like the crisis grant is actually more than $550: "Restricted to the actual cost up to the maximum combined shelter and support rates." This could be good... Edited July 22 by 112 1 1 Quote Link to comment Share on other sites More sharing options...
Optimist Prime Posted July 22 Share Posted July 22 best of luck going forward, all too often these situations get out of control quickly I know it is none of my business, but the five of you adults/people with incomes should reconfigure the total 'chip ins' each, if you all paid 580, rent would be covered every month. You are paying a bit more, and your mom doesn't work, perhaps the sisters can chip in their share of 580, or near to it, each and help your folks cover the necessities. Tough conversations for sure, but worth while if it brings stability for the coming year. My thoughts are with you, sorry to chime in with unwanted advice on top of the other asked for advice. 2 Quote Link to comment Share on other sites More sharing options...
112 Posted July 22 Author Share Posted July 22 1 hour ago, Optimist Prime said: best of luck going forward, all too often these situations get out of control quickly I know it is none of my business, but the five of you adults/people with incomes should reconfigure the total 'chip ins' each, if you all paid 580, rent would be covered every month. You are paying a bit more, and your mom doesn't work, perhaps the sisters can chip in their share of 580, or near to it, each and help your folks cover the necessities. Tough conversations for sure, but worth while if it brings stability for the coming year. My thoughts are with you, sorry to chime in with unwanted advice on top of the other asked for advice. Mostly we just pool all the money together for the month. Nobody gets through the month with any kind of savings. e.g. my sisters do a lot for the household with their contributions, and I don't think they have any cash assets put away even though their rent is lower than mine. Part of the problem is frivolous spending (my mom's kinda bad for it), however; my parents both smoke (I quit recently) and drink quite a bit. The cigarettes aren't as bad as they used to be, as I found a contact who sells native smokes for cheap ($40 for cartons of 10 packs), although it gets expensive again when/if we run out and have to buy at the gas station. We have a fair bit of soft drinks and things like that, too. My sisters and dad are all big eaters as well, and our food expenses are probably a lot higher than they reasonably should be for five people, especially because we don't prepare our own meals and mostly eat processed junk you can throw in the oven and then eat--no work involved. Add to that utilities and loan repayments and we cut it pretty close most months. Usually we're able to get through the month, but it's always paycheque to paycheque. Last month, this month and next month are particularly tough, though. I'll see what I can do about getting more involved in the money situation and try to get better perspective on where everything goes. I am somewhat in the dark as I indicated earlier. 1 Quote Link to comment Share on other sites More sharing options...
higgyfan Posted July 23 Share Posted July 23 https://www.bchousing.org/housing-assistance/rental-assistance-programs/SAFER If your dad collects OAP, he may be entitled to get some housing assistance. He can fill out the application that is on the page I'm sending you. 1 1 Quote Link to comment Share on other sites More sharing options...
The Arrogant Worms Posted July 23 Share Posted July 23 2 hours ago, 112 said: Mostly we just pool all the money together for the month. Nobody gets through the month with any kind of savings. e.g. my sisters do a lot for the household with their contributions, and I don't think they have any cash assets put away even though their rent is lower than mine. Part of the problem is frivolous spending (my mom's kinda bad for it), however; my parents both smoke (I quit recently) and drink quite a bit. The cigarettes aren't as bad as they used to be, as I found a contact who sells native smokes for cheap ($40 for cartons of 10 packs), although it gets expensive again when/if we run out and have to buy at the gas station. We have a fair bit of soft drinks and things like that, too. My sisters and dad are all big eaters as well, and our food expenses are probably a lot higher than they reasonably should be for five people, especially because we don't prepare our own meals and mostly eat processed junk you can throw in the oven and then eat--no work involved. Add to that utilities and loan repayments and we cut it pretty close most months. Usually we're able to get through the month, but it's always paycheque to paycheque. Last month, this month and next month are particularly tough, though. I'll see what I can do about getting more involved in the money situation and try to get better perspective on where everything goes. I am somewhat in the dark as I indicated earlier. It sounds like the problems are self inflicted. Smoking....eating junk food....soft drinks. A lifestyle change is needed ASAP for everyone's health. That has to be the long term solution. Not trying to be mean just objective. 1 Quote Link to comment Share on other sites More sharing options...
112 Posted July 23 Author Share Posted July 23 17 minutes ago, higgyfan said: https://www.bchousing.org/housing-assistance/rental-assistance-programs/SAFER If your dad collects OAP, he may be entitled to get some housing assistance. He can fill out the application that is on the page I'm sending you. Thanks for the recommendation! He tried to apply for SAFER a while ago but was declined--can't recall on what basis. 6 minutes ago, The Arrogant Worms said: It sounds like the problems are self inflicted. Smoking....eating junk food....soft drinks. A lifestyle change is needed ASAP for everyone's health. That has to be the long term solution. Not trying to be mean just objective. Oh I agree. The smoking and drinking is really bad but there's not much I can do to persuade my parents to give either habit up; I'll just get yelled at like the last time I tried. My mother's an alcoholic and, while I wouldn't say he's an alcoholic per se, my dad doesn't have a smart relationship with booze and is really old school in how he looks at it. Mom easily consumes above the recommended amount of alcohol in a week and often a day for a woman, but dad says she doesn't have a problem because she's not hauling a 40oz of whiskey home and spending the weekend drinking it in bed. As for cigarettes, both are very addicted and I can't see them quitting, nor do I think they have any real intention to. The topic came up a couple of days ago--mom made an offhand comment--and dad just shut it down, saying he'd be flipping furniture if he tried to quit. Having recently quit smoking, I'm of the opinion that it's not even that difficult, but I seriously doubt either of my parents are going to give it a shot. Because things have been tight, I've been paying for their cigarettes, but I'm going to stop once we're on a better track with the money. Maybe I'm enabling it, but I'm going to be putting my money into the household anyway, so it doesn't seem to matter to me. Dad's health is really poor lately and it's hard to witness. You're right that a lifestyle change has to happen--and not just for dad but for my sisters--but with how the relationships are in the family, I can't very easily broach the topic. I can't just approach someone in the family and go "hey yo, sister a and sister b are looking pretty damn fat, maybe get on that." I can more easily approach my dad about his diet (not the booze/smokes, those are off-limits to debate), but I doubt he'd take me very seriously. Mom's actually in decent health, though, despite the alcohol and with all things considered. Her doctor recently said she's in especially good shape for a 62-year-old. And I don't have any major health concerns I'm aware of- healthy weight, blood pressure fine, only thing is my right kidney is a bit of an ass and I had to have a surgery done on it last year. For food, I usually cook myself breakfast and lunch and eat whatever my family has for dinner. I'm healthier with my breakfast + lunch than we tend to be with dinner. We have veggies, rice, etc. on the side btw, it's just the main dish that's usually frozen. Soda, chips and chocolate bars should be cut out, you're right. Quote Link to comment Share on other sites More sharing options...
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