Landlords and Crystal Meth Addicts

[helen]

So, I met a depressed fellow about 5 years ago at an ALPHA course through my church. He was down on his luck; it seems he was being evicted for a number of reasons (I understood the place was a dump in desperate need of repair). I offered him and his dog space I have in my modest home - inclusive of all bills. In exchange, the Ministry would pay a portion of his rent and he would help around the house to make up the balance.

All went fairly well until about 7 months ago. With a great deal of help, I learned more about the Residential Tenancy eviction process and followed that process including a telephone conference with an Arbitrator (initiated by the tenant). The Arbitrator signed the order to vacate by September 3rd at 11:59am. That day and time came and went; my tenant is still here.

Through August, my hydro bill doubled (my worst fear is a lab); the tenant has absolutely no garbage (not even chocolate bar wrappers), and "work around the house" is non-existant. Oh, and September's rent cheque was not in the mailbox despite the Ministry mailing it out.

Now, I live with the comings and goings of my tenant's frightening friends. They are sketchy, threatening, and now protective of my tenant's living arrangement. Not only am I concerned for the safety of my son and myself, I am concerned for the safety of the seniors who live in the immediate area. Together, we are all concerned about living in this neighbourhood when my home could blow up into a fireball.

To give you an example of how life is, I arrived home from work near 11PM Monday evening. I saw what I thought was a heated discussion between my tenant's friend and a taxi driver (who I believe was stiffed) as I drove down my driveway. The friend, still hostile from the taxi driver interaction, speedily approached me and the entrance to my home. Despite my repeated requests to leave, he remained steadfast and intent on entry. I called the police. It seems the tenant, eventhough his residency is contrary to government order, is permitted to have "guests" in "his" suite.

Actually, I called the police 4 times through Monday night. Like the meth addicts in my home, I didn't get any sleep. I never know when I will get sleep.

Tuesday morning, I went to the Law Courts building to request assistance from the Sherriff to forcibly remove my tenant. They informed me that I would have to pay a total of $111.00 to open a file and start the process but that I should contact a Bailiff first to arrange for payment of their service to evict. I left flabbergasted by how expensive it is to evict a tenant who is now proven guilty of breached contract and is a danger to all.

I immediately contacted Envoy Bailiffs to learn about their eviction process. They require I provide them with a $900.00 bank draft or money order upfront. Depending on how much effort it takes to pack up my tenant's belongings, I may get some money back. And, if the movers have no where to take my tenant's belongings to (which they don't), they will take my tenant's belongings to storage. Yes, I also get to pay for that too - but only for one month.

When I recovered from my shock, the Envoy agent informed me that some landlords pay up to $3000 to have people removed after the Arbitrator's Order to Vacate proves useless. I was strangely reminded of the mafia. I may still beg borrow or steal the money to pay off Envoy Bailiffs for the forced eviction but I can't help but wonder who the heck created this bizarre payment system.

Last evening, I attended the Crystal Meth information meeting (thank you to the organizers and volunteer leaders). I discovered how desperate our community is for the soluton to this invasive killer. The speaker invited participation for dry out places. The problem is, my addict does not want to clean up. He far prefers to have everything go back to the way it was - unaccountable, irresponsible living in blissful mayhem with his faithful friends and Meth.

When I offered my "tenant" a place to live, I did it as an act of generosity. I have subsidized my tenant's living arrangement all along. So, what can landlords do to stop enabling these addicts?

Thanks, I'll sit down and listen.

helen

[helen]

I've contacted both Maurine Karagianis' office and my MLA Rob Fleming with my experience and my question.

http://www.legis.gov.bc.ca/mla/3-1-1.htm

[Mizzem]

You are in a dangerous situation and it is legally your right to give 24 hour notice to your tenant via a note on door or under door that you will be showing the suite to prospective tenants or inspecting the suite. Landlord Tenant Law gives you this right.
http://66.102.7.104/search?q=cache:-NoTtTdHAgIJ:www.rto.gov.bc.ca/
documents/RTAGuidebook.pdf+BC+Landlord+tenant+law&hl=en&client=firefox-a

At this point you may also change the locks if you have an order of possession. Your prospective tenant should be a police officer because of the safety factor for yourself from toxic meth vapors and from meth induced rage.

Familiarize yourself with the residential tenancy act. Bailiffs are a costly last resort.

[Ellen]

Helen - I am sorry to hear of your situation. While many including MLA Maurine Karagianis lament about the rights of tenants being trampled upon, your story as a landlord is often repeated. The rights of landlords seldom get ink and are not taken seriously. It's as if all landlords are rich, nasty and deserve what they get. YOU DON'T DESERVE this and you need to take evasive action. Here's what I would do: (1) demand a meeting with the Chief of Police, Paul Batterhsill. If he's not available, demand a meeting with Deputy Chief of Police, Bill Naughton. The advice that you have been given by the police is WRONG. They have a duty to protect and a duty to investigate the crime being committed on your property.; (2) contact the ministry (the one paying the rent) in writing giving them notice that as of that date you hold them responsible for all property damages and more importantly, any personal injury (health risks, fires, toxic fumes, etc.). Save the baliff money and spend it on a lawyer who will craft the letter for you. (3) inform the arbritator and Residential Tenancy office of the non-compliance of their order and give them the same notice of their culpability for damages as served to the ministy, (the same letter written by your lawyer); (4) inform all parties that you will take your complaint to the media (do not allow publication of your name or address) should they not resolve the situation within 3 or 5 days; (5) in future, do not rent to someone on social assistance. Confirm their employment. A sad thing to say, but the experiences of landlords incurring substantial debt and stress due to some of these tenants leaves landlords with little choice except to discriminate. Until the ministry and Residential Tenancy branch gets this and protects both parties, they are responsible for this justifiable discrimination. Most importantly Helen, do not challenge your tenant or his "visitors" anymore. They can be dangerous, due to the drugs. Stay away from them and let the authorities handle this. It's their job - that's what you pay taxes for!

[SIMN]

Hello Helen:

My heart goes out to you. It was not that long ago that a similiar situation was in my pathway.

Experience in the Community has taught me that the 'ONLY" protection for Landlords in situations such as this is a 'WELL WRITTEN TENNANCY AGREEMENT' and a "STONG ARM'.

I have been also part of a disturbing event with not only a Renter, but what I called *SQUATTERS*. The story is horrendous and encompasses majour Financial and Property Loss.

The Municiple Police were responsible for *Standing By* to ensure that *Peace and Safety* were in place during the three attempted evictions of 'Squatters' AND FINAL SUCCESSFUL Eviciton which took 2 days of Police Standing-By.

The 'KEY' to eviction is the 'AGREEMENT' However, IF you have accepted the rent then the Renter has a 'RIGHT' to thier abode. IF the Renter has NOT paid thier Rent then they DO NOT HAVE THE RIGHT TO ENTRY.

Ministry of Human Resources, nor the Police provide EVICTION Services. As far as 'Damages' ~~ the Ministry of Human Resources provides a **DAMAGE DEPOSIT** which is the complete sum that is paid toward damages.
~~ Property Damage is a CIVIL SUIT.
~~Personal Injury is a CRIMINAL ACT and the appropriate charges can be
laid using the Municipality Police. However, charging a Renter is not an eviction unless you can successfully recieve a *RESTRAINING ORDER* or
*Judges Order*. IF the Renter has paid his/her Rent they are to be provided the *RIGHT TO ENTRY* to thier abode.

As far as renting to those on Social Assistance, not all M.H.R. recipients are terrible experiences. Many are honest and good people.

Not all Employed Persons are Good Renters and can also be the *NIGHTMARE EXPERIENCE*.

The KEY is in the RENTAL AGREEMENT whether you have ONE RENTER of MANY RENTERS, whether they are Employed or on Social Assitance the KEY is the AGREEMENT.

Not knowing what your agreement states or IF you have an agreement it is difficult to offer advice.

However, I agree with Ellen... DO NOT
Confront
Challenge
or Put your PERSONAL SAFETY at Risk in any way.
Ellen is correct in her statement of Danger, sometimes those who are consuming Drugs and/or Alcohol can be Unstable and Violent. If and when you feel threatened "CALL THE POLICE'.

I know the 'fight' it took to reclaim a house and the 'damage' that occured not just Physically/Materially but Emotionally.

However, YOU DO HAVE, the TENANCY BOARDS signed Ordered, so work on that. EVERY TIME, there is a disturbance, ~~ Phone the Police...

Make arrangements for the POLICE TO STAND-BY when you CALL A LOCKSMITH and CHANGE THE LOCKS!!!! (cost about 100.00)

As it is illegal to keep the PERSONAL GOODS, have the POLICE STAND-BY
for Removal of said goods.

As the HOME OWNER you have the RIGHT TO ENTRY and the POLICE have the RESPONSIBILITY TO STAND-BY whilst YOU ENTER for your protection and to Keep the Peace.

Keep in mind the Police *DO NOT* Like to be involved in this but it is a REQUIRED DUTY on their part.

MY WORRY.. is that you are so close to the renter... and that incurrs a HIGH RISK to yourself.


As far as CRIMES ON YOUR PROPERTY.. well guess what...YOU as the PROPERTY OWNER ARE RESPONSIBLE... and CAN be charged for the offences occurring. This is real scarry. What a dilemna!

It would not be so bad if you were not in/on the same building and grounds.

Speak to a lawyer, and get some personal support before proclaiming 'War' on your Renter. The experience that I was involved in
took sometime and was not for the "FAINT OF HEART'.

I dont know if I can be of any help, but I am willing to do what I can for you.

Blessings
M

[phoenix]

WoW I do hope this situation has been resolved, and this poor woman and her child have excellent tenants and peace of mind now! Great advice and observations, BTW, o fthe last poster.

[patty]

just curious if everything is cleared up? "the mafia" comes to mind, when I read your story aswell! If I were you I would also think of getting a
nice family pet, such as a german shepard or a saint bernard. I wouldn't
want my little guy to wittness any of that silly monkey crap! I have a
german sheppard / irish wolfhound cross. I got her as a puppy when my son was two. She's very smart and very friendly but also lets me know
when there's someone is within 500 feet of my property. Dogs also seem to sense your fear.I don't think she would harm a flea, unless
there was danger,Thankfully she has never been put to that test.
she just always alerts me to people coming on my property(or things}
And if she senses something is wrong, her bark will change.
Just a thought P. S.

[helen]

First, I want to find words to say thank you. I am very grateful for this website forum, and for your generous time and understanding through our horrible ordeal. Your meaningful support and cautious/ sensible direction are deeply appreciated. Thank you so very, very much.

To clarify, my son is not a youngster. He is now 20 years old. In the summer of 2004, he called the police for help when my Boarder's friends had a huge fight in our home. When I arrived from work, my son presented me with "a rock in my sock" - for protection. Imagine.

I do own a big dog; this has been a learning experience for him too. I can now recognize his physical reaction to people who use this toxic chemical. When he alerts, I listen. To be honest, my frustration and resulting lack of good leadership made home life quite stressful for my dog. It was really important to him that I get informed.

Chief Battershill's secretary thwarted my attempt to speak to the top man. She did forward me on to the Officer heading the Crystal Meth initiative. He and I had a discussion regarding his first priority to introduce a new punitive by-law. I believe I started a thread about this in this forum.

About my Boarder: he took the Ministry of Social Service's October rent cheque from my mailbox (while I entertained the RTO, my Boarder made a habit of taking the monthly cheque, I think, to experience some control). This time, however, he returned the cheque to his Social Worker stating he had moved. The Social Worker kindly provided me with a letter to this affect. Evidence in hand, I broached a charge of mail theft with the police. One amazing Police Officer heard my concern and helped me deal with this despair - and I remain deeply grateful.

November 4th, the Officer and her partner came by to speak with my Boarder. He was not home; the area was cleared and, due to unpaid rent, I moved his belongings to my garage. When my Boarder arrived, I presented him with a copy of his Social Worker's letter and informed him of his need to speak with the police. He then put his emaciated dog in my backyard, and simply walked away. Support services for The Homeless were then informed of my experience and of my Boarder's decision to leave, and that he had abandoned his possessions.

I was overwhelmed by the filth and considerable damage in my home. The toilet had not been flushed in a very long time.... Once the bathroom was cleaned, I purchased Baking Soda and Borax in bulk, sprinkled the entire area and then closed the door.

My good friends offered much needed emotional support over these months but something needed to be done about those closed off rooms. The place underwent serious repairs; we then went on a bleach blitz. Rich colour has changed the energy in the rooms. It feels good to go there to think.

Looking back, I don't know what was worse - dealing with a psychotic addict or British Columbia's toothless Residential Tenancy Act. I am not averse to challenge however, it appears authorities are cobbled by a badly constructed provincially regulated system. Bureaucrats must remember their obligation to develop reasonable/ enforceable laws for the good of the whole. Citizens pay taxes for a reason.

To the addict reading: No one deserves this hell; this cunning addiction can happen to anyone. My Boarder surrendered everything for Meth; he left a chaotic wake of heartbreaking turmoil. And now, in guilt and shame or perhaps merciful oblivion, he lives on the street or worse. If you are tired of feeling sick, there is a way out. Please. Ask for help.

helen

[TheLandBaron]

The best way to get rid of a bad tenant is to screen them out before they move in!
Join the "Rental Owners & Managers Society of BC".
Their number is 250-382-6324 or 1-888-330-6707.
You can write off your membership at tax time.
We are not the government and it is not up to us to take on bad tenants.
Learn how to be a good landlord and how to get good tenants.