Can a motel manager deny any outside furniture? We have the rights as a tenant now that we have stayed here longer than

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Customer: Can a motel manager deny any outside furniture? We have the rights as a tenant now that we have stayed here longer than 30 days
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Duncan, British Columbia
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No terms to lease. It’s month to month. Issues with motel room: no power in bedroom or kitchen. Toilet is not working and needs to be replaced and we have no heat or proper flooring
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They just did pesticide spraying
Answered by Debra in 1 hour 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.

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Debra, Expert

Please note that I am working from my computer and not actually texting. 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.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

Customer
No worries! I am just glad to reach someone and help me clarify this issue we having with the motel managers.
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

What does the lease say about outside furniture?

Customer
No lease it’s month to month. We were told from the previous managers before the new ones that “monthly stays” can get their own stuff as it’s considered tenancy and not considered a guest.
Customer
according to google if we stay longer than 30 days we are considered tenants and not guests per the extended stay act or something?
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Debra, Expert

That is not correct and you are not covered by the Residential Tenancies Act but even if you were that doesn't give you the right to have outdoor furniture.

You don't have that right unless your tenancy agreement provides it.

But it sounds like you agreement (even though it was verbal it is still a binding contract) did say you can have this furniture.

At the same time they can evict you as you are not covered by the Act.

So really you are stuck is seems and perhaps you should be looking for another accommodation that allows you to live more freely.

Does that make sense?

Customer
It does. But it was not outdoor furniture it was a bed for my 5 year old son.
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Debra, Expert

I understand no. When you said outside furniture you meant furniture brought into the unit from outside the unit. I am sorry.

They still can say that you have to obey their rules or they will evict you.

Customer
I was told by my support worker that I am covered by the acts as per the “requirements”
For example:
we are living in our unit long term until a permanent housing is acquired
We are paying rent monthly And not renting by season
The unit is our only home
My spouse and myself have the address listed on all our government identification
We brought all of our furnishings into our unit
We do not have access to common phone system in the unit
Motel services are not provided such as towels sheets etc
Customer
Sorry I did not see that I put outside furniture… haha.
Customer
How does the extended stay act work then? We are being told different by our local support team
Customer
Also if we aren’t considered tenants, do they have to fix everything wrong in our unit? We have no power to bedroom or kitchen, we have no working stove (full kitchen suite) no working toilet (whole toilet is broken and needs to be replaced) and our flooring is so exposed we can see the plywood bolted onto the support beam and foundations
Customer
We have given many notices of the issues with the unit and it’s been about a month or two now with nothing being done. Other tenants sorry. Other monthly guests are having issues getting stuff repaired in their units too
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Debra, Expert

Well if your support workers are saying something different I am sure they are right. This must be an exception based on what you just told me.

If they are right then you can put whatever furniture you want in your home, they owe you a duty to keep the home in a state of good repair and they cannot evict you. without grounds.

I suggest that tomorrow morning you call the Residential Tenancies Branch and explain the living situation and ask if you are covered by the Act. Here is their contact information:

https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch

Then come back and tell me what they say.

Customer
I definitely will. I even asked the managers if they are going to compensate me for the purchase as the seller had to pay a third party to deliver our bed and they threatened to call cops on delivery guy as he tried to go to bat for us and ask them to “bend that rule” as it’s a bed for a child. 5 year old child.
Customer
They straight up told me he can sleep on our couch or something else
Customer
I told them I was going to tell my social worker because that’s unacceptable. They can’t deny our every day needs just because they are having a power trip.
Customer
They told me to tell my social worker to call and they will set her straight too but I thought I’d contact a lawyer first and see what my rights are
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Debra, Expert

So make the call tomorrow morning and then come back right to this post.

I am going to bed now but I will here after you make the call.

Customer
Enjoy your evening thanks a bunch for the swift responses and the clarification!!
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Debra, Expert

You are very welcome!

Customer
Hello Debra! I just got call back from the tenancy act, and we were informed to create a dispute application as based on the evidence provided by me and my spouse we are covered but the arbitrator will decide once they inspect the place and after that we can decided if we deserve compensation or rent decrease? And have recommended we call our city by law officer to get the toilet fixed ASAP as we have been without one for almost two months now
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Debra, Expert

This all sounds like excellent progress.

Customer
Does the manager of the motel have a right to know which place and when we have applied to rental places ?
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Debra, Expert

No. It is not their business!

Customer
Okay how do I politely tell them that? After yesterday’s big ordeal about us trying to get a bed for my son they got up in our business asking when we have applied to places and where? I thought it was none of their business.
Customer
They gave us an incident reporting stating I was arguing with them and that the delivery guy isn’t allowed back on premises because he tried to go to bat for us. I have asked someone on here wether or not new furniture has a time frame on when it can come into the unit after being sprayed. He mentioned only after the given time frame for us to be out of the place(2-4 hours) is the same amount of time new furniture can come in
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Debra, Expert

Tell them that you have spoken with the landlord and tenant board and a lawyer twice and you now are fully apprised of your rights and you will not be harassed or treated this way any further and that what you do with your time and your plans and your family are not their business since you will not be damaging the unit and you will be paying the rent.

Customer
Are you able to assist me with the forms for dispute resolution? And can the managers kick us out once receiving the dispute notice?
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Debra, Expert

I am not able to help you with the forms. They can't kick you out with a

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new 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.

Customer
Hello is this legal??
Customer
We have applied for dispute application and this is what we received
Customer
This was taped to our door this morning after filing yesterday
Customer
It’s urgent
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Debra, Expert

I can't see it. Please start another post and please try to show it in another way.

Also be sure to put my name into the post.

Customer
Okay i created another post and it labeled it -landlord -tenant?
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Debra, Expert

I found it!

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