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Asher
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Calgary, Alberta
Nov 1999
time: 22:36
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Long story short, my old landlord sold the house I was renting a room in, so I had to move. I moved to this new place that seemed quite perfect...it's a "basement apartment". There's 2 rooms (mine and another one that a student named Ben is moving into), a kitchen, and a bathroom.
There was no formal agreement, just the verbal "I'll pay $500/mo for a room and access to the "apartment" kitchen and bathroom." They said things like no parties, etc. which I'm fine with.
Now that I'm moving in, they're scaring me. I suspected them meddling around in my room (I'm rather anal on where I put things, and they weren't in the right place). I wasn't here 5 hours and they were already snooping and invading my privacy, I'd suspected.
As soon as I came in, I was "pounced" on by the friendly old lady (the lady/husband own the house) who told me I was "not to use" the mini-fridge I bought since I have access to the fridge in the kitchen. It was for energy reasons, she reckoned. Okay, somewhat reasonable since utilities are included in my rent. Even though the other Fridge is really old, and the door isn't sealing properly, so it no doubt costs a small fortune to run compared to my modern mini-fridge. But whatever, I unplugged my Fridge and am using the big one.
Then she told me I'm "not to leave the lights on" when I'm not in a room. The problem was I was moving stuff back and forth constantly, so I left the lights on along the way...but whatever, again I conceded.
I was really tired after 7 hours of moving things and the owners were getting on my nerve. So I just left everything was it was in my room, turned off the lights, and left for my boyfriend's place in Waterloo...except I did one extra thing:
I set up a pseudo-security system in my room. I aimed my webcam at the entrance and configured it to turn on and record any motion it detects. It films for the period it detects motion + 30s, then compresses the file into DivX format, takes a screencapture and emails me with the subject "Intruder!" with the screencapture.
When I got home, I checked it out, and my suspicions were correct. The husband came a-snoopin' again, and this time I got him on video doing it:
http://www.ucalgary.ca/~drmilfor/busted.avi
I plan to tell him point-blank I expect privacy in the room I'm renting from them, and they should first ask me for permission to enter, rather than just entering. That seems reasonable to me.
But legally, do I have any grounds, given the lack of a written agreement? These people regularly host students and they all get the same "verbal agreement" of sorts, so if needed I could always find "witnesses" to confirm the terms of the agreement I guess...
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Snotty
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Do they have control of the electricity box? I only ask because they might see the numbers ticking up faster than normal and figure you have left something switched on in your room. Its not an legit excuse of course, just the first thing that popped into my head
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Max Webster
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quote:
Originally posted by Asher
I set up a pseudo-security system in my room. I aimed my webcam at the entrance and configured it to turn on and record any motion it detects. It films for the period it detects motion + 30s, then compresses the file into DivX format, takes a screencapture and emails me with the subject "Intruder!" with the screencapture.
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Wow.. that is so cool. I bet if you showed the old guy that video it would blow his mind let alone embarrass him.
I think the old couple are just paranoid and checking you out.
Trying to get clues on what type of person you are. Not that I agree to their actions but in this day and age its understandable. You can't trust anybody. I think if you do what you say, confront and ask for some privacy they might just back off.
My landlord has to ask my permission to enter my apartment.
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Lul Thyme
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Quebec, Canada
Aug 2000
time: 05:36
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Yeah first thing is ask of course why he came in your room.
He might have had a good excuse, like a emergency phone for you, if he didn't know you were there.
I was actually in your situation for 3 years (same kind of lease arrangment I mean).
My gut feeling is they probably dont even declare it, so they could be in trouble for that legally, but of course it is always better to arrange matters without having to use the law...
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Flubber
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With a view of the Rockies
Aug 2000
time: 22:36
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Hows this for an answer?
quote:
PRIVACY:
Q5: When can a landlord enter my apartment?
A5: Before entering your apartment the landlord or their employee must give you 24 hours written notice giving a reason as well as a time (the time must be between 8 a.m. and 8 p.m.). The landlord must have a good reason to come in, such as to make necessary repairs.
Under the Harris governments' new Tenant "Protection" Act, no notice is necessary in cases of emergencies, or in cases where a notice to terminate the lease (by either the tenant or landlord) has been given, or an agreement to terminate has been made.
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http://www.geocities.com/torontotenants/law/law.html#Q5
[quote:
Notice if agreement not in writing
(3) If a tenancy agreement entered into on or after the day this section comes into force is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act.
Privacy
19. A landlord may enter a rental unit only in accordance with section 20 or 21. 1997, c. 24, s. 19.
Entry without notice, emergency, consent
20. (1) A landlord may enter a rental unit at any time without written notice,
(a) in cases of emergency; or
(b) if the tenant consents to the entry at the time of entry.
Same, housekeeping
(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,
(a) the landlord enters the unit at the times specified in the tenancy agreement; or
(b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.
Entry to show rental unit
(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,
(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;
(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and
(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 1997, c. 24, s. 20.
Entry with notice
21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:
1. To carry out a repair or do work in the rental unit.
2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.
3. To allow a potential purchaser to view the rental unit.
3.1 To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.
4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186
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Flubber
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With a view of the Rockies
Aug 2000
time: 22:36
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Just one thing
Do you know if your roomate is around yet??
If he let them in they could do what he did there ( look in an open door)-- from what I saw he didn't go through your stuff but merely took a look around.
Also they might have had some cleaning or something to do before the new guy came in but they really should clear that with you
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Cruddy
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Um... I'd take a less agressive confrontation.
Like, ask them WHY they so snoopy and suspicious. Have they had drug users stay before? Arms dealers?
Get it out in the open - and they may turn out to be cool.
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04-04-2005 09:27
More seriously, at my place, they have to ask for my permission before coming in. Its the law, irc. In Quebec, at least.
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