What Are Your Rights For Enforcing Against A Landlord?
Renting a house entitles you to certain legal rights despite the fact that you don’t actually own the property itself. For example, you have the right to live in a habitable home with the proper amenities like running water and electricity. Landlords who fail to abide by the law and provide for their tenants properly may end up with their renters contacting the authorities.
If the situation with your landlord escalates to this point, what are your rights for enforcing against them? Understanding what your rights are and how you can expect things to move forward is important.
Illegal Landlord Retaliation
Many renters refuse to contact the authorities about poor living conditions because they live in fear of retaliation. Landlords are seen as powerful, and speaking out against them could result in losing your home. Fortunately, you do have some rights against illegal landlord retaliation like this. Your landlord is not permitted to personally come after you in any of the following ways:
- Increasing your rent
- Ending your tenancy
- Refusing to renew your lease
- Filing an eviction notice if you decide to stay
- Petty inconveniences
It may be difficult to prove that these actions are a part of illegal landlord retaliation, but it isn’t impossible. You will want to keep a strong paper trail that proves everything you experience as a result of filing a claim. If your landlord does something seemingly trivial but inconvenient, this can be deemed as retaliation.
For example, some landlords will remove washers and dryers, decrease services that are included with the rent, and other small things that make a major difference in your lifestyle and accommodations. However, you do have some advantage over the landlord when it comes to attending court hearings.
Court Favour
When renters choose to enforce against a landlord, there are bound to be some hostilities between the two parties. Proving that your landlord is striking out against you can be difficult, but the court is more apt to view the situation in your favour. When landlords commit any of the above crimes, a judge is likely to see them for what they are – attempts to get you to vacate the property as quickly as possible.
The burden of proof is sometimes placed back onto the landlord. Instead of forcing you to prove that it was retaliation, they must prove that it was not retaliation. When a tenancy ends shortly after a complaint is filed, most judges will view it as the result of retaliation if it occurs within a certain window. The window of time may vary from location to location, but it typically covers a six-month period.
Filing A Landlord-Tenant Complaint
Lawsuits against your landlord can be time-consuming and expensive but you have certain rights that must be defended. If you find yourself facing a major landlord-tenant issue, then you need the best criminal lawyer in Winnipeg. Give Matthew Gould a call as soon as possible to discuss your potential case!