I am from Calgary, Alberta, CANADA. Is anyone able to give me some advice re: landlord/tenant? I am renting a home and

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Customer: I am from Calgary, Alberta, CANADA. Is anyone able to give me some advice re: landlord/tenant? I am renting a home and because of covid, my husband and I took in a temporary subleaser who lives in our basement. We both were laid off in Covid so we desperately needed the money to help us not get evicted or have to move due to inability to pay rent. We gave our subleased tenant written 30 days notice that we needed the space back now that restrictions are lifted and my husband's 95 year old mother really wants to come visit us finally. The "subleaser" tenant refused and had some friend come to our door telling us that is illegal and he has to have had 3 months notice. We never required a damage deposit from him and were taking him in because a friend of a friend was desperate to find their father in law a space to rent since his place finally sold in rural AB and he had a few days to find a place for himself and his big dog. Turns out they neglected to share with us that he was a heavy smoker and he smoked in the suite on occasion and picked up after his large dog ONE week since he moved in in January. He says he gets 3 months notice but this isn't any signed agreement, nor are we the owners. We made a mistake by thinking we were helping a friend out in a tight spot and now we are being held hostage basically with threats that we cannot do this. Please help me to know what I can do. I have worked for years in a law firm but am laid off the last year due to covid so I have some idea of the complexity but need legit guidance if possible. Thank you Pearl!
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: He never paid a damage deposit nor did any of us sign anything. We told them verbally that his time with us could end suddenly, within 30 days and they all agreed "Yay yay, yay". But it seems they weren't believing he would ever leave until he wanted to. We have found his "liason" that came to our door to tell us this with tenant silent beside her, that we cannot do this. We have found her (the supposed relocation specialist) 8-10 properties in similar price range and she has not forwarded them on and ignores our requests.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: This is in Alberta, Canada.
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, this was all done in a hurry, in cold January, when the subleaser's daughter and son in law were "frantically" looking for a place for him and his dog.
Answered by Debra in 18 mins 1 year ago
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Debra
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Debra
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Jessica

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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
Sounds good!
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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
I am fine with this arrangement re emailing/texting. :)
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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.

Do you share a bathroom or kitchen with the

Customer
Thank you.No we do not share either with him.In fact there is no kitchen even but a big family room that he uses his microwave and hot plate in - another sore spot because we were not told he would have a hot plate as that can cause safety issues - we were verbally told he only uses a microwave. And apparently uses paper plates - and has his own bathroom and private entrance. We share the laundry facilities which are on that walk out basement level.We also have to pick up after his large dog... he did that one week when snow melted but that has been about 4 months ago and he has lived with us in this way since jan
Customer
He also smokes heavily and even in the unit and we were not told that - we also didn't ask - or we would not have taken him in in this temporary capacity.
Customer
He has apologized to my husband after we brought it up to his daughter and he said he would not be smoking inside again...
Customer
Sorry, I didn't see this was in an email format too. I responded via text - should I retype it here?
Customer
I am fine communicating this way, that works fine for me.
Customer
We do not share either a bathroom nor a kitchen with him.
Customer
In fact, there is not a kitchen down there...just a big family room, two bedrooms (*one we have as storage) and a bathroom. We share laundry which is down on that level as well.
Customer
We were told by his son-in-law, the contact person who was looking for his father in law, that he would bring his own microwave and fridge and we wouldn't know he was ever there. This coming from a pastor...he also neglected to mention that this person, Wayne, is a chain smoker and we definitely have noticed smoke smell in our bedroom (from his directly below and his bathroom directly below ours as well). We mentioned it to the pastor son-in-law and the guy, Wayne, approached my husband one day a few days later saying, "Oh sorry about the smoke, I won't smoke inside anymore". He smokes alot and has a 12 year old UNFIXED dog that disposes his waste all over our back yard. We knew he had the dog and we were empathetic originally as he had a very short closing time on his rural home so had to be out asap with a 12 year old intact male dog. We are big animal lovers and so were compassionate that way. My husband told him he needs to pick up the waste regularly. He did one week when the snow left in April and that was it. We have to pick it up or it stays and fills up our yard and sinuses. Very rude. The point is we have been very accommodating and took him in right when he needed it but now with COVID restrictions lifted, we wish to bring my husband's elderly mother here to visit (95). She has been cooped up in a seniors' 300sq feet this entire covid season. She cannot do stairs and our guest bedrooms here are on the walk out level so perfect for her. Also, we told the son in law and daughter initially that we would likely only be giving 30 days notice and they said Oh ya, sure not a problem. Now we get told by some stranger at the door, unannounced that there is no way we can demand that. He gets minimally 3 months and he doesn't plan to move anywhere else. She said there is no place available. I asked her, as a relocation specialist, in our tiny bedroom community if she tried the several blocks of rental units on a particular street (2nd main street here). She hadn't even heard of it and asked me to give her the number so I did. My husband has sent her 8 possibilities that fit his budget and also allow for his dog. I believe we are more than accommodating and generous helping out this way.
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Debra, Expert

It sounds like you have many reasons to evict him almost immediately. He has breached several of the provisions of your tenancy agreement and in fact some of them relate to health and safety issues.

I suggest that tomorrow morning you contact the residential tenancy dispute resolution services and ask them how best to get an order for eviction considering the covid back log and give them your concerns about the health and safety and the fact that you need to take over the basement. You can tell them that this was a temporary arrangement and that you need the basement back but on top of that you have concerns with secondhand smoke and with potential fire hazard. Indicate that there is no kitchen. Here's a link to the contact information that you'll need:

https://www.alberta.ca/contact-rtdrs.aspx

Does that help as a starting point?

Customer
That's an awesome starting point - thank you so much! You have been really appreciated!
Customer
Thank you very very much! He has blown a breaker down there as well so that sounds like that is a great way to reframe this and get further support with.
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Debra, Expert

I sure hope this works out soon!

You are very welcome.

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
Thanks so much! Making the next call momentarily. :)
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Debra, Expert

Great!

Customer
Liked “I sure hope this works out soon!You are very welcome.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.”
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Debra, Expert

Thanks

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