I want to ask if the landlord have the right to stop from leaving her basement even though we did not sign and extended

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Customer: Hi I want to ask if the landlord have the right to stop from leaving her basement even though we did not sign and extended contract with her
JA: What province are you in? It matters because laws vary by location.
Customer: British Columbia
JA: What steps have you taken so far?
Customer: We talk with hee and she insisting that we should stay until June
JA: OK. Got it. I'm sending you to a secure page to join JustAnswer for only CA$5 (fully-refundable). While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Answered by Debra in 9 mins 1 year ago
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Debra
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Hi Debra
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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

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Debra, Expert

Are you saying you're fixed term lease is over?

Customer
Here is my situation- The Landlord of mine is stopping me and my family to leave her basement suite. We are plannning to vacate the suite this coming April. She has two months early notice for that. But she is insisting we should stay until June
Customer
We started to rent on her basement last January 2019 and we signed a contract for a one year stay and afterwards its on month to month lease
Customer
But she change her mind after we finiah the one year she pressured my wife to agree with her to have another 6 montha extension. We dont have a choice because it is instant and we cannot find a place in a short time. We also have a baby and we could not leave easily
Customer
She did not give us a contract paper and we did not aogn for the 6montha extension. I think that is our advantage at this time
What can you say about our situation. Thank you so much
Customer
I believe our fixed term is over and she explain before that after one year its gonna be month to month. We sign the paper regarding about the lease contract
Customer
But after 11 months she asked us if we continue and we thought we can have it month to month now. She changed her mind and told us that it is gonna be another 1 year or 6months. She broke her promise. At that time my wife agrees through phone conversation becase we dont have a choice and we are not prepared to leave. It is also winter ad we have a small baby ao we have to.agrew with.her and opt for 6months
Customer
After couple of montha she did not come to ket us sign the contract extension and we noticed that she is not a good landlord. We are also considering the long travel at work so we looked for a new place. Fortunately we found a place close to our job site.
Customer
Now we mention to her our situation specially about our daughter and we mentioned that she still have a 2 months time to find a new tennant but her heart is hardened and she is trying to intimidate us
Customer
She was asking that we should pay until June 2021 no matter if we are leaving or not. But the thing is she is not a good Landlord even other tenants in the house hate her. She also broke a lot promises like painting the walls on summer and fixing the ligts and other stuffs. We did not sign for the extension and we are not in the best position to make a decision when we agree for anither 6months through phine conversation because we were force and we dont have a choice
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Debra, Expert

Your landlord was dishonest. After the year was up you became a month-to-month tenant. You didn't have to agree to another fixed term and you never signed in any event. If you had it would be under duress.

You need to give her one month's written notice.

She will not be able to sue you successfully based on these facts. She is a lying bully but has not grounds to succeed in court.

Does that help?

Customer
Thank you so much Debra. Your advice was a relief specially to my wife Wendy. God Bless you and I also pray this lawyer site will become more popular and bigger to help those people that in need.
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Debra, Expert

That is very sweet.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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