Words of the day - Negotiation and Compromise
After a long walk, a set of headphones, a little Boston tunes to slow things down along with a lot of consideration for my position at this time I believe this letter pretty well explains what I feel my options are in this time of crisis.
I have made numerous attempts to pay my rent through unanswered emails ( Of which I have copies) and or phone calls on April 1st as well as May 1st to the owner of this property being Euclid Ouellette (68 Mecklenburg Street Saint John NB.).but to no avail.
I have taken the position to not recognize his choice of caretaker (Charlene Basterache) and in taking this position I find myself and my Daughter in conflict o f human decency and have been given an eviction notice to leave this address of which I am still having trouble believing is really happening. (Especially after roughly 8 – 9 years of my services to this owner, Nightmares and all)
So my first course of action was to go to the Rentalsmans office (Previous Friday) to find out what my options are, which are as follows,
1/ I can pay the caretaker (Charlene Basterache) and turn a blind eye to her demeanor as well as the owner (Euclid Ouellette) toward others in our building and our Neighbors and just accept this type of irrational behavior.
(This being the norm in buildings like this) Including the property next door.
2/ I can take the two months rent and go find another apt in a building with operators of the same nature of which there are plenty in this area of the City of Saint John.
( People talk to me all the time on issues of this nature) In the past Charlene Basterache being one of them.
(Cycle of despair) Being that this is usually all you can afford on $822.00 a month which is about 2/3s of your monthly check, as well as your min wage job or your UI benefits.
3/ I can have them (Rentalsmans office) bring the owner of this property being (Euclid Ouellette) into their office and pay him in front of them to show that I am willing to do so and that I’m not lying. ( I have agreed to this one with no hesitation and to present proof of these attempts )
These are a few of the options I was told I have under the current laws of eviction after a lengthy conversation ( 2 Hours ) with the folks at the Rentalsmans office who were very friendly and understanding. (Current laws - Hands are Tied Policy)
(( I Will say that they really feel bad about having to enforce this and be the Heavy in a case of this nature.))
After this meeting I went to see Mrs. G. of Saint John Low-Income Housing who has been working very hard for the past couple of months to find me a unit in this area to help with the coming changes in my Daughter’s world, as this building and her school has been the norm for her most of her life and her friends are here as well.(knowing of my demeanor considers me an asset to their properties was a very nice gesture).
I will have a unit on August 1st,, She did offer me a unit right away but it was on the other side of the City which I declined for obvious reasons as well as my future advocate interests in this, The south-end of Saint John.
Now,, based on what I have learned from the Rentalsmans office, as well as a couple of (anonymous callers) Under normal eviction practices, After Five years or more ( 9 ) at the same residence the proper procedure requires the Owner of the rental unit to give the tenant in question a minimum 3 Months eviction notice. ( Obviously certain conditions apply )
(My Compromise)
Based on this Information I am more than willing to meet with Mr. Ouellette at the Rentalsmans office to give him his rent money AND to still accept his eviction ????(By the way this is First time in my life I have ever received an eviction) But, for the Three Month period to give myself time to get ready for this transition with myself and my Daughter. ( May, June, July )
In doing so I will pay previous monies owing and the following two months ( June & July ) to the Rentalsmans office until my departure from this Property ( 68 Mecklenburg Street ) and in this process I do not have to be subjected to accepting this caretaker’s (Charlene Basterache) views or attitude of which the New Landowners and Tenancies Acts of New Brunswick can handle. (Which I plan on being a strong voice of in the future)
Also I will agree to NOT to print my findings, views and or opinions or stories of this property or its owner (Euclid Ouellette) until after such time of my vacating this building.
This can during the next couple of Months be handled by the rentalsmans office and or the inspectors office. (Infractions etc.)
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Please believe me when I say it will take a lot not to air my side of this story with Mr. Ouellette as he well knows how he has treated me as well as a few of his neighbors with disrespect for many a year and especially since I quit as caretaker do to the actions on his part last fall of which I will deal with after vacating this address. ( Possible Court Actions)
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Based on the Information of my eviction notice, I have until Wednesday May 9th closing time at the Rentalsmans office to pay this money, After that point if I did not pay I will have until the 22nd day of the Month of May to vacate this Address as a Sheriff will come and lock up our Apt, Belongings and all which will indeed be the case as there is NO WAY I can pack up all our things and get a truck and friends to move me in that allotted time period.
On Monday morning I will return to the Rentalsmans office to try and negotiate this compromise on my situation.
If this goes that far and my Daughter and I are tossed into the streets quicker than a drug dealer or junkie in this area, then the Unknown will be our future from that point.
Timothy Smith. Saint John N.B.
10 comments:
Hard to judge what is really happening but one thing is for sure it needs to be corrected and be fair.
The next 24 hrs should answer the question of the day!! I went to the rentalsmans office again this morning and again they were MORE than accommadating to this issue, I would like to thank them very much for their patience.
I will give a little update this evening.
One issue that needs to be brought out is exactly what is it you 'want'. Is it not to be evicted? Is it to make public the superintendant issue, or the condition of the building? What exactly are you trying to do? Is it to spur on the RTA? It does get sort of confusing. If your landowner will meet you at the Rentalsman and accept your rent is this issue over and done with?
yes to the above comment
If Tim hasn't already looked into it, maybe he should try to take advantage of the legislated protection against retaliatory evictions, because that's what his case sounds like to me.
This would probably require the Rentalsman to delay enforcement of the eviction notice in order to do an investigation (i.e., no tied hands), requiring the landlord to show that the eviction isn't based on retaliation for making complaints.
From what has been posted so far, this has nothing whatsoever to do with the unproclaimed amendments to the Residential Tenancies Act. Those are about roomers and boarders, and don't create new rights for traditional tenants.
The point I believe Tim is trying to make is the current renting practices are allowing those types of landlords to hide behind the person set up in front of them, be it Superintendent or in his case caretaker to deflect any and all problems relating to their properties in someone Else's community and for a small discount on that person's rent let them show the burden of proof so they can relieve themselves of any and all responsibilities when and if they arise.
There are currently no by-laws or laws to show any proof of previous experience of these duties which allows most landlords to use whom ever they choose to do the dirty work while homeowners and other neighbors suffer the low grade maintenance of these owners.
Tim I have been reading up on these blogs your posting and don't get me wrong I'm behind you 100%
so I'll try not to pull it in a different direction but I believe this person your talking about is better known as clyde who is also a barber and if I'm not mistaken as sometimes I am but I think you should probably go a little further here by telling the public what you told me last year about an mla who is one of his clients I believe he is an advacate of the poor and I also believe you and charlie helped in putting him in office.
So reach out and ask him to return that help after all fair is fair.
I really do hope your negotiations are successful Tim. I don't put too much faith in the part of the act that relates to long term occupancy though. Unfortunately picking non-payment of rent really does put most of the cards in the landlords hands. Fortunately, a little pressure from the rentalsman and simple greed on your landlords part should help even the odds. After all, If he accepts your offer he will get his money and he will take some solace in the fact that you will eventually leave. I am willing to bet the money is too important to throw away...unless something really ticks him off. So keep things cool calm and collected.
The 'amendments' to the Residential Tenants Act result in a whole new act, much of it to deal with slumlord tenants, so I think this very much has to do with the RTA. It's not just roomers and boarders that are part of the amendments, that was only one small part.
jp your probably right in the end that's all they really smell is the money
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