Facing eviction at christmas????

Canada
December 3, 2008 10:14am CST
Anyone that has live in Alberta, Canada knows how bad the housing shortage is here and how picky the landlords are. My sister who is a single mother just received an eviction notice 2 days ago that states that because of noise she has to be out of her apartment by December 15th. She is going to fight it because the noise was out of her control as it was not even her and to prove that she called the police and had the noisy patron put in jail for the night. My question is.. How in the world can someone be so heartless right before Christmas? To kick out a single mother with a 2 yr old right before Christmas is so wrong. Here in Alberta landlords are not allowed to give less than 3 months notice for eviction when it's the winter but technically it isn't winter because we have not reached the 21st of December yet. I think that is crap seeing as it is already -15 and there is snow on the ground. That's all that should matter. She called the manager of the building yesterday and he basically said he cannot do anything other than file some paperwork to have her removed if she does not leave by the 15th. He is taking orders from the owner of the building and I understand that but he could have given her til January 1st at least. and in my opinion because the police removed the person making the noise at her request should show it is not her fault. Have you ever faced eviction? What did you do? And if you are from Alberta do you know of anything else she could do to fight this eviction?
2 people like this
6 responses
• United States
3 Dec 08
That is terrible for someone to have absolutely no heart or feelings. That is really a strict place to live and they give you no chance to explain or even investigate the situation to see what really happened. Here in the US in the south, our landlord can't just put us out on the streets without solid explanation or proof, at least not here where I live. If we're accused of something we didn't do, we can take them blood hounds to court to prove our case, and win if we have proof we didn't do it. If she has proof, she should be able to prove her case. I don't know how it is there, but that's really messed up.
• Canada
3 Dec 08
We do have that here too but the thing is it doesn't always work and if she has to get out, the shortage on housing is crazy and rents are tooooo high. Her 2bdrm apartment is over $1000/mth. She doesn't pay that tho because she is subsidized. If wshe has to leave she loses her subsidy and doesn't make enough at work to get another place in that short of time.
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@AmbiePam (120738)
• United States
3 Dec 08
That is terrible! Especially since she had the person making the noise removed. I would have at least thought they would have given her until after the new year. I hope she can fight it successfully. I mean it isn't like she committed a crime. To kick her out now, with a child, seems unneccessary.
1 person likes this
• Canada
3 Dec 08
Well yea she has done nothing wrong. They have done everything wrong. Her apartment door does not stay closed unless it is locked and one of her windows is broken because someone tried to break into her place a few months ago. The glass is fine but the window falls out if she isn't careful opening it. They have done nothing to fix the problems with her place. She was also told to have a health inspecter come in and check the place. The place is so old frig my mother, sister and I lived there back in the 80's and it wasn't new then. Just to glace at her partment it looks good but little things like mold have been popping up since about a month after she moved in. grrrr I hate slumlords!
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@AmbiePam (120738)
• United States
3 Dec 08
If she threatened to report him, would he let her stay?
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• Canada
3 Dec 08
She already did and he didn't bite.
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• Atlantic City, New Jersey
15 Dec 08
A good friend of mine was literally pad-locked out of her house by the sheriiffs department on the day before Thanksgiving this year. She was a couple months behind on rent and he evicted her. Now I understand that she was behind on rent and all, but they could have waited till maybe the day after Thanksgiving to do this. She has two small children, they could have considered that fact and allowed them until the end of November if things must be. I just dont understand those that own rental property not having a conscious ~ I have a very good friend that is a rental property owner and he puts up with alot, but he also understands that most of his tenants are section 8 and can barely afford to live.
• Canada
15 Dec 08
That's awful I am thanful they cannot change her lock without going to court first and if the judge says she deserves the eviction and says you have 15days to get out and she is not out on the day the landlord can chage her locks to prevent her from entering the premises. I wish more landlords were like your friend. If she was late on rent or even single and had a place to go it wouldn't be so bad but she has a 2 yr old. As it sits right now she has found a new place and a roommate that can afford the place if she is short cause the rent is outragous. $1400/mth plus $1400 deposit and if she does not fight the eviction in court then she loses her subsidy and will pretty much be screwed if she has to live on her own.
@chrislotz (8136)
• Canada
3 Dec 08
I live in Calgary, Alberta and this kind of thing happens all of the time. The reason being is because of the shortage of housing they can charge a lot of rent and so they do. So by telling her to leave they are then entitled to raise the rent to whatever they want and they will more than likely get it. I am living in a two bedroom basement suite in a house in a not great neighbourhood, not really bad either though, and I am paying $1500 a month rent. It is totally rediculous but we have no choice but to pay it because we need to live somewhere. There isn't much she can do about it, as in the long run she will lose anyways and have to move out. But then maybe because it is winter she may have some recourse, I'm not quite sure what the rental laws are other than there aren't a lot of rules when it comes to renting. But maybe because she has a young child and the weather is starting to get colder here, the rental board may help her. So my advice would be for her to call the rental board and find out what her rights are. Alrighty then, talk to you later my friend, Have a good day, Chris
1 person likes this
• Canada
3 Dec 08
That is outragous. I am glad I don't live in the city. for 1500 you could get a half decent house here. a basement suite would go for anywhere between $800-$1000. Do you pay utilities on top of that? I am pretty sure that he will have no way to get her out once the 21st hits. It is law in alberta that in the winter they have to give you 3 months notice because of how cold it gets here. This morning was -20 like that is crazy cold and to tell a single mother of a 2 yr old that they don't care if she is on the streets with a 2yr old is absolutely crazy, not to mention wrong.
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@chrislotz (8136)
• Canada
4 Dec 08
It hasn't been no -20 here in Calgary yet. I think the coldest we have gotten so far this winter, has been around -15 and that was last night, when you posted this. But I guess that is close enough. It is still pretty cold. I didn't know that Alberta had that law in place. And I didn't know it had to be after Dec. 21st. I hope it all works out for her. I know the rents are crazy here. That includes all my utilities except my cable and internet. Our lease won't be up till May 31 so we will look for something cheaper come then.
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@suzzy3 (8341)
4 Dec 08
She was making no noise then why on earth is she being evicted I would take legal advise and see your local councillor if I were you ,the world is a cruel place but I would fight this because it seems to me that maybe the landlord has got a friend lined up for your sisters place.good luck
• Canada
14 Dec 08
My gosh you sound as bad as her landlord. Your saying it was bad judgement to let this person into her house??? This person is the FATHER of her daughter and there had not been problems like this with him in the past. The landlord has NEVER once talked to her about noise issues and the last time they spoke before he evicted her he told her I don't want to see you leave, Your a good tenant" I was there when that was said so you tell me what is really going on there. Alot of people I have spoken to have said that he probably has someone else lined up for the place like family or something. When she talked to the loser landlord after the eviciton notice was sent he told her that if she paid her rent this month he would give her a good reference. Now how crooked is that landlord? He did not ask the owner if he could do that. The major thing in this is she has subsidy and the landlord KNOWS full well that if he evicts her she loses her subsidy and with the rents here in alberta she will be on the streets or living with me forever. She never defaulted on her rent, her rent is $200 because of subsidy there is no way anyone could not afford it. If there is no such law in aberta then why is it that I have seen the eviction notices for winter and they state that a tenant shall not be removed during the winter months. It is the same as the power and gas companies they are NOT allowed to disconnect you in the winter here in alberta.
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@suzzy3 (8341)
14 Dec 08
Good heavens I never said anything detremental to your poor sister being evicted at christmas the comment below mine did not look very nice ,I think you have sent this to the wrong person my love,I had only sympathy for your poor sister,we have our wires crossed somewhere,please I am really upset to think you think this of me,please respond to me.xxx
• United States
12 Dec 08
There is no such 'cold weather law' in Alberta. Here is a link to the Landlord Tenant act of Alberta: http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm Although this SEEMS like a really unfair situation, I imagine there is more background we are not hearing about. As a landlord, I can tell you in all honesty that the last thing a landlord wants to do is have to find new renters - especially at this time of year. Honestly, if this WAS the first incident of noise, the landlord has no recourse. He can give a noise violation, and if the noise continues to be a problem THEN he can evict, but not because of one incident. Morally, it obviously seems wrong too. My guess is that there has been continual issues about noise and/or late rent, and that this incident just pushed the landlord over the edge. No one like seeing cops called to their rental unit. Yes it sucks that she has a young child. Maybe it would have been prudent NOT to allow someone who you end up having to call the cops on into your house AT ALL, especially given the young child. I would say that this shows a real lack of judgement, and my guess is that this kind of irresponsibility manifested itself in more ways, and at more times, than the 'innocent' renter is letting on. If it IS as she says, then she will win in court. The only thing she can do now is to give the landlord an official letter disputing the eviction (see that portion of the act, which you can get from the link above). At that point he is unable to evict her without first going to court and proving he has a valid claim. Chances are though, that it's probably just best to move out and find a new place...
• United States
3 Dec 08
That is pretty heartless. I wish I knew how she could fight it. Well my company fired me the friday before Thanksgiving.......but then corporate America isn't known for its compassion or generosity.
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