rental-property tenant british-columbia
If landlord insists/pressures tenant to move out early should mutual agreement to end tenancy be signed?
<p>I know this is a bit of a strange question.</p>
<p>I have a fixed term tenancy agreement and the lease is not up yet. However, the landlady really doesn't like me and has made it very unpleasant for me to live in the home. (for example, the landlady lives in the same building and has barking dogs who she won't do anything about even though I've told her they disrupt my sleep and work). The landlady has asked me to move out early, and of course I want to because it's been so unpleasant.</p>
<p>I was thinking of signing a &quot;<a href="https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf" rel="nofollow noreferrer">Mutual Agreement to End Tenancy Early</a>&quot; but I really don't think this is right as I am being pressured into moving out. I already have decided I will be filing a claim against her for loss of quiet enjoyment due to dogs barking, and was wondering if I could make the evidence strong that she broke the lease by forcing me out early? I could just not sign any agreement, but then it may look like I broke the lease (though I would still have emails about her pestering me to move out). Is there any better fit from the Tenancy Act on how to end tenancy in this situation?</p>
<p>From <a href="http://www.bclaws.ca/civix/document/id/lc/statreg/02078_01" rel="nofollow noreferrer">here</a>:</p>
<blockquote>
<p>How a tenancy ends</p>
<p>44   (1) A tenancy ends only if one or more of the following applies:</p>
<p>(a) the tenant or landlord gives notice to end the tenancy in
accordance with one of the following:</p>
<p>(i) section 45 [tenant's notice];</p>
<p>(i.1) section 45.1 [tenant's notice: family violence or long-term
care];</p>
<p>(ii) section 46 [landlord's notice: non-payment of rent];</p>
<p>(iii) section 47 [landlord's notice: cause];</p>
<p>(iv) section 48 [landlord's notice: end of employment];</p>
<p>(v) section 49 [landlord's notice: landlord's use of property];</p>
<p>(vi) section 49.1 [landlord's notice: tenant ceases to qualify];</p>
<p>(vii) section 50 [tenant may end tenancy early];</p>
<p>(b) the tenancy agreement is a fixed term tenancy agreement that, in
circumstances prescribed under section 97 (2) (a.1), requires the
tenant to vacate the rental unit at the end of the term;</p>
<p>(c) the landlord and tenant agree in writing to end the tenancy;</p>
<p>(d) the tenant vacates or abandons the rental unit;</p>
<p>(e) the tenancy agreement is frustrated;</p>
<p>(f) the director orders that the tenancy is ended;</p>
<p>(g) the tenancy agreement is a sublease agreement.</p>
</blockquote>
<p>I know I am within my rights to stay, but considering how unpleasant it is (with things like dogs barking) I want to move first and then be compensated for damages latter. The only reason the landlord gave me to move out is because she doesn't want &quot;a man&quot; living in the home.</p>

<blockquote>
  <p>I will be filing a claim against her for loss of quiet enjoyment due
  to dogs barking, and was wondering if I could make the evidence strong
  that she broke the lease by forcing me out early?</p>
</blockquote>

<p>Consider arguing that the conditions you describe contravene section 32(1) (or some non-repair, equivalent provision) to the extent that the barking tends to hinder health conditions and/or <em>makes it unsuitable for occupation by a tenant</em>. Other than recordings at various times, I am unsure what evidence you would need to submit for your claims to prevail.</p>

<blockquote>
  <p>I could just not sign any agreement, but then it may look like I broke
  the lease</p>
</blockquote>

<p>No. Your refusal to stipulate to an early tenancy does not put you in breach of contract. The description you provide indicates that the landlady fails every condition listed in Section 44 that would otherwise entitle her to terminate the lease early.</p>

<blockquote>
  <p>The only reason the landlady gave me to move out is because she
  doesn't want "a man" living in the home.</p>
</blockquote>

<p>That would any fail judicial or quasi-judicial scrutiny. The landlady knew or should have known from the start that she was leasing the unit to a male. A subsequent, mere change of mind does not entitle a party to breach the contract.</p>

<blockquote>
  <p>I want to move first and then be compensated for damages latter</p>
</blockquote>

<p>You will need to figure out whether BC law recognizes claims of <em>constructive</em> breach of contract. If it does not, your agreement for an early termination might preclude you from subsequent --that is, post-contract-- compensation.</p>
