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Residential Tenancy Act Case Example

Loss of Quiet Enjoyment

Date: June, 2020

Tenant’s Name: _______

Tenant’s Address:________

Penticton BC

Section 28 of the Residential Tenancy Act states

28 A tenant is entitled to quiet enjoyment including, but not limited to, rights to the following:

  • Reasonable privacy;
  • Freedom from unreasonable disturbance;
  • Exclusive possession of the rental unit subject only to the landlord’s right to enter the rental unit in accordance with section 29 [landlord’s right to enter rental unit restricted];
  • Use of common areas for reasonable and lawful purposes, free from significant interference.

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My right to quiet enjoyment and my ability to have reasonable privacy; and freedom from unreasonable disturbance has been  violated in the following way: Since the third week of our tenancy you have driven by  my hoome at 348 Van horne street,  slowing down in front of the house. If you see me you speed off. I’ve witnessed you doing this  between 3 and 5 times a week.

As well you’ve told me you instructed your agent Paul Varga to “keep and eye on us” so he has been driving by and I have witnessed him doing this 2-3 times a week.

Residential Tenancy Act Case Example

For example on June10th-11:15am,  June I6  at 210pm ,on June 17- 10 am and 345pm,  june 19 -140 pm and 410pm  and ,  June 29 12 noon

Your behavior is effecting my quiet enjoyment and section (e) reasonable privacy; and freedom from unreasonable disturbance; your behavior and Paul Vargas behavior is causing me to feel like I’m being watched, harassed , stalked. Im feeling a lot of apprehension, anxiety  which is effecting my ability to sleep.

I find my self ruminating at night when I should be resting.Fatigue from difficulty sleeping, is causing me to forget things and feel irritated easier, im experiencing symptoms of depression  and this is effecting my ability to enjoy my home. Please stop doing this . I f you have questions please text , email or call me.

On two occasions you have gone to the neighboring houses (my neighbors) to ask about my behavior. You inquired if they had problems with us, If they thought we were loud. Each time you were told there was no problems that people liked me and thought I was a good neighbor. This was humiliating to me and I felt embarased to hear  you did this.

You have lied to me and demanded I do certain things to keep my tenancy. You told me nothing can be in the lane way beside the house. That it was imperative for the upstairs tenant to use. After speaking with her she made it clear to me she has no issues with the garden tools and lawn mower being in the lane way and that they do not impeded her ability to pass safely.

At one point you demanded everything including the lawnmower and hose be brought in at night  into my personal space. When the real estate agent came for a viewing he asked that it all be put outside in the lane way.  When I refused to move it he called you and you then asked me to leave work go home and move it outside .  You told me to be cooperative or I may not have a home. Its things like this that are abusive and inconsiderate. They are effecting my normal day to day life. Im having troubles with stress and anxiety and finding myself feeling hopeless. When you book a monthly walk through I spend hours cleaning and tidying panicing that you find something wrong and threaten my tenancy again. I barely leave my home anymore and finding the anzst and stress is too much on some days. Things I enjoyed before I moved into your home sre now no longer bringoing me joy. Im constantly fearing the future thing I am going to end up homeless, I feel hopeless and I am  having a terrible time concentrating. Having received the eviction noticve I am trouble daily with getting my evidence written down properly and having the right evidence. I feel like I just cant do it right due to how the stress has effected my memory and concentratioon.

Prior to moving in you mentioned we  had a small sitting area and parking spot.  But after we moved in and set out our lawn chairs you demanded we remove the items from the common area. I didn’t exactly understand and asked for clarification and that is when you told me that we didn’t have an area that our patio door opened right onto a common area as did our front door. I told you that you (my landlady) that you had lied to me and you hung up on me.

We have not discussed anythiing since that day. But Mr Paul Varga your property manager makes sure each time he sees my sitting area that he says I could evicted for having permanent stuff in the common area. Then  he mentions material terms . This is all very frustrating and effects how I feel in my home. Its causing great stress in my life. I used to enjoy going outside to my patio and have my morning coffee. Now I just worry. This is causing me to have migraines and it is impairing how I eat and sleep.

You have threatened to cut off the hydro and go to the ministry to report me when the rent was late . You have also told me  that the rent was a different amount than what is was when we first moved in. You threaten me with eviction based on your new amount   you said to me“I expect you to be moving soon”,  and “Im not going to let you devalue my home anymore than you already have” and “We will deal with this the way it needs to be” .  Theses words alone may be nothing to you but to a tenant who just recently moved in and cannot afford to move and who loves the locality of their home plus the neighbors etc.. and to me after being stalked by you, threatened with eviction and having to please not only you but your , your real estate agent and your property Manager,  the impact is far too much. My sleep and health are being effected. Im feeling suicidal , my relationship with donovan Holland my cousing who lives with me has been effected due to all the stress.  My existing health issues are flaring from stress and cruelties Ive experienced since living here.

As I have told you I would NEVER have moved into a home that was on the market to be sold. The huge pressure of cleaning, tidying decluttering for a real estate agent is way different than cleaning for ones own family. You have a complaint every single time there is a showing.  I feel I could never satisfy your expectations with my human capabilities. You deceived me and didn’t mention this in any of our conversations beofre I paid my deposits and rent. You never told me this home was going to be put on the market for sale. Not once did  you mention the need to have a Realtor in my home to show it. Every time the realator comes to my home you critisize me and belittle me about my cluttery home.

Moving is expensive and we love our home and the location. We’ve made dear friends with some neighbors and we are truly happy here. Except for your behavior impacting us we love it here. If you had been forth-write  and honest from the very beginning none of this would be happening. If you had been honest and told me the house is going to be up for sale and realators will be showing it. I would NEVER for even the cheapest resnt in the world moved into this house.

In your texts to me you have been inappropriate and have used your position as my landlord to make me feel helpless and hopeless. Threatening me with eviction if the home is not cleaned to your standards for the real estate agent. You’ve also threatened me with eviction if I didn’t get rid of the fence I spent 28 hours building with free labour plus I was not going to charge you for any of the wood. . Even though you agreed to it prior to me moving in and you knew that the day care has young children and my dog doesn’t like young kids. Even in the face of protecting those kids you refused the fence after you had agreed prior.

All the things you agreed to like me having a garden and a fence for my dog  and that we could paint the home as long as we returned it to a neutral color prior to moving- all the things you promised or agreed to have changed as you decided they needed to. You lied to me, you never aluded the house for sale and all this has caused problems in my home and my life and my relationships.  You have been Withholding maintenance on the property, like not getting me a new hot plate. For 5 weeks I went with out the ability to reheat food or cook on a stove top, , you have not repaired the brolken kitchen sink handle or the leak under the sink, ( see requests for maintence letters. You tell me about verbal and written complaints, wich I believe are imagined or exaggerated, of my supposed improper conduct. Yet you refuse to give me any evidence or have any converstaions to ckear anything up.

For the damges you have caused I will be seeking a monetray claim and asking the arbitratot for help to get mainternce done.

For additional information, please see RTB Policy Guideline 6 – Right to Quiet Enjoyment or contact the RTB (gov.bc.ca/landlordtenant) at 604-660-1020 or 1-800-665-8779.

Thank you,

[Signature]

Tenant’s Name:_________

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