I have a tenant that lives in our RV on the property, she figures she does not have to listen to us the landlord and can

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Customer: I have a tenant that lives in our RV on the property, she figures she does not have to listen to us the landlord and can do whatever sh likes such as feeding the birds which is attracting bears and rodents, what can I do about this. She has been asked to stop feeding and to clean up her mess. i told her in September of 2020 to stop but she continues. she is also trying to add building/garden stuff to the property we do not want this
JA: What province are you in? It matters because laws vary by location.
Customer: BC
JA: What steps have you taken so far?
Customer: asked her to stop, try to deter her from doing it and have told her we will contact the residential tenancy board but she threatens every thing with the welfare office and what her rights are. and says we are bullying her
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that i know of

Answered by JulianaS222 in 3 mins 1 year ago

JulianaS222

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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JulianaS222

96 Satisfied customers

10+ years of experience

JulianaS222

10+ years of experience

96 Satisfied customers

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JulianaS222, Expert

Hi there, my name is ***** ***** I am a lawyer, I will try to answer your question. First of all, do you have a lease or tenancy agreement with this tenant? And does she share any facilities with you such as a bathroom or kitchen?

Customer

no the trailer is self contained and just rents the trailer no lease of written agreemnt

JulianaS222, Expert

is her rent paid to you from the province I.e. social services or welfare?

Customer

no she pays the rent

Customer

hello?

JulianaS222, Expert

Ok understood.

JulianaS222, Expert

It is possible for you to evict the tenant if her conduct is significantly damaging the unit or significantly endangering you. Would you say that the danger from bears is significant?

JulianaS222, Expert

A landlord can evict a tenant with one months notice for the following reasons. The tenant has:
Caused extraordinary damage or put the landlord’s property at significant risk
Damaged property over and above reasonable wear and tear and have not made repairs within a reasonable period Seriously jeopardized the safety or rights of the landlord or another occupant
Significantly interfered with or unreasonably disturbed the landlord or another occupant
Adversely affected the quiet enjoyment, security, safety or physical well-being of other occupants
Engaged in illegal activity that has caused or is likely to cause damage to the rental property

JulianaS222, Expert

If you don’t think you have these grounds there are still a few options.

Customer

the danger of bears is great, we have a ***** ***** 2 yr old and other tenant has a small dog also, we can not take them outside without a leash. there have been more than 6 incidents of bear in the last 2 weeks than we have in 20 yrs

JulianaS222, Expert

You can provide the tenant with written notice that her persistence in feeding the birds and/or making changes to the property is breaching a fundamental term of the tenancy agreement and that she will be evicted if she doesn’t cease and desist

JulianaS222, Expert

that’s another option if you don’t want to go straight to eviction.

JulianaS222, Expert

It sounds like her conduct is significantly interfering with your safety and that of the other tenant as well as the quiet enjoyment of the other tenant.

Customer

ok i see but we are afraid that she will cause further damage to the place

JulianaS222, Expert

I think you have two options - either send her a cease and desist notice in writing, or serve on her the 30 day eviction notice.

Customer

it is legal to evict her even with COVID?

JulianaS222, Expert

a threat to safety is one of the instances where evictions are still permitted

Customer

ok thank you for your help, we will do the 30 day eviction with the safety of others around her and the bear incidents, because it doesnt matter what we say she will do what she pleases

JulianaS222, Expert

Here is a link to the current forms you need to evict if you choose to proceed https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice

Customer

thank you

JulianaS222, Expert

Ok good luck with it. If I have answered your question I will mark this one completed, and I would appreciate your positive feedback. Please come back any time if you have more questions!

JulianaS222, Expert

Best of luck and come back if you need more assistance.

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