PMQ

[GIJaneTechie]

Hey!
Unsure how to proceed, any feedback would be appreciated!
Active duty military living in a PMQ so I have the licence of occupancy; my name is the only one on paperwork. I rented a room out to a civilian and it has become acrimonious. Was reading on this site, that there are DND references, stating occupants can rent rooms as long as him/her are not charging more than the monthly amount, therefore no monetarily gain from it. Provincial landlord/tenant laws do not apply to National Defence Housing but does that include civilian roommates? Or since she is a civilian, she is protected by BC landlord/tenancy agreements? She's refusing to move because according to her, she'll decide if the reason to move is satisfactory, and whether or not, she wants to.
HELP!

 

[daftandbarmy]

Hey!
Unsure how to proceed, any feedback would be appreciated!
Active duty military living in a PMQ so I have the licence of occupancy; my name is the only one on paperwork. I rented a room out to a civilian and it has become acrimonious. Was reading on this site, that there are DND references, stating occupants can rent rooms as long as him/her are not charging more than the monthly amount, therefore no monetarily gain from it. Provincial landlord/tenant laws do not apply to National Defence Housing but does that include civilian roommates? Or since she is a civilian, she is protected by BC landlord/tenancy agreements? She's refusing to move because according to her, she'll decide if the reason to move is satisfactory, and whether or not, she wants to.
HELP!

Sounds like you're in the US military.

 

[GIJaneTechie]

Sounds like you're in the US military.

Sorry, should have been specific. Canadian military and posted in BC

 

[Blackadder1916]

Hey!
Unsure how to proceed, any feedback would be appreciated!
Active duty military living in a PMQ so I have the licence of occupancy; my name is the only one on paperwork. I rented a room out to a civilian and it has become acrimonious. Was reading on this site, that there are DND references, stating occupants can rent rooms as long as him/her are not charging more than the monthly amount, therefore no monetarily gain from it. Provincial landlord/tenant laws do not apply to National Defence Housing but does that include civilian roommates? Or since she is a civilian, she is protected by BC landlord/tenancy agreements? She's refusing to move because according to her, she'll decide if the reason to move is satisfactory, and whether or not, she wants to.
HELP!

A thread with discussion applicable to your question

Renting a room in an assigned PMQ - looking for references.

Came across an interesting ad this evening, with a member advertising a room for rent in a PMQ (for roughly a few hundred less then the member is likely paying for it - though it is a moot point). This sets off some alarm bells to me, was curious if anyone could shed some light on the topic...

army.ca

And some info about "roommates" according to BC.

Tenancy laws and rules

Learn about important laws and rules to follow during a tenancy.

www2.gov.bc.ca

Roommates
The Residential Tenancy Branch does not have jurisdiction to resolve disputes between roommates. Most roommate disputes can be resolved through the Civil Resolution Tribunal (External link) or the court system.

Depending on the nature of the tenancy agreement, roommates may or may not be able to resolve disputes with their landlord through the Residential Tenancy Branch. If all roommates in a rental unit have signed a tenancy agreement with the landlord (either the same agreement or separate agreements), they can resolve disputes with their landlord through the Residential Tenancy Branch. However, if a roommate has an agreement with a tenant, but not the landlord, they can’t resolve disputes with the landlord through the Residential Tenancy Branch as there is no contractual relationship between the roommate and the landlord

Roommates - TRAC

The topic of roommates is one of the most complicated areas of residential tenancy law. It is important to know what rights you have as a roommate in BC.

tenants.bc.ca

“Roommates / Occupants”
An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the Residential Tenancy Act (RTA). This living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates. If you enter this kind of arrangement, you will not be protected by the RTA, and TRAC and the RTB will not be able to assist you. See RTB Policy Guideline 19 for more information.

Disputes between “occupants/roommates” and tenants/landlords: Occupants/roommates cannot use the RTB’s dispute resolution system to settle disputes with tenants, landlords, or other occupants/roommates. Instead, any legal problems would have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.

 

[Zoomie]

RHUs are not covered under the BC RTA.. (Is My Tenancy Covered Under B.C.’s Tenancy Laws?). Scroll down the military housing.

Call the MPs and have this trespasser removed from your military housing. Recommend you talk to your SCWO ASAP.

 

[GIJaneTechie]

She's threatening to report me as a fraud to the military and press charges using BC Tenancy Landlord Agreement. She's a peach. I heard that as the one who has the licence of occupancy, I can call MP's to remove from those who don't. What is a SCWO?

 

[Halifax Tar]

She's threatening to report me as a fraud to the military and press charges using BC Tenancy Landlord Agreement. She's a peach. I heard that as the one who has the licence of occupancy, I can call MP's to remove from those who don't. What is a SCWO?

SCWO = Squadron Chief Warrant Officer

Basically, engage your CoC.

 

[PuckChaser]

Squadron Chief Warrant Officer.

You need to get your chain of command involved and ask for their guidance/assistance, before this snowballs. She can threaten whatever she wants, but give her the print out of the link Zoomie posted, give her some reasonable time to pack her things and have a prearranged a time for the MPs to show up to escort her out. She has no legal right to military housing. If she wants some, give her the address to the Recruiting Center. She can take you to small claims court (someone previously posted that), so if she digs her heels in then prepare for a fight.

You need to protect the PMQ, if she starts smashing walls and windows then you're on the hook for damages. CFHA doesn't care that she was a tenant.

 

[OldSolduer]

I had a reverse situation. One of my peers had a military tenant (a Sgt) who would not abide by the terms.

Her question was "who can I talk to within the military that can do something?".

I directed her to the BCWO office. The tenant was moved out that afternoon.

 

[Good2Golf]

I had a reverse situation. One of my peers had a military tenant (a Sgt) who would not abide by the terms.

Her question was "who can I talk to within the military that can do something?".

I directed her to the BCWO office. The tenant was moved out that afternoon.

Would have paid for ring-side seats to that!

 

[OldSolduer]

Would have paid for ring-side seats to that!

It would have been a one way conversation I’d think

 

[Good2Golf]

Methinks you’re right, OS!

 

[GIJaneTechie]

Squadron Chief Warrant Officer.

You need to get your chain of command involved and ask for their guidance/assistance, before this snowballs. She can threaten whatever she wants, but give her the print out of the link Zoomie posted, give her some reasonable time to pack her things and have a prearranged a time for the MPs to show up to escort her out. She has no legal right to military housing. If she wants some, give her the address to the Recruiting Center. She can take you to small claims court (someone previously posted that), so if she digs her heels in then prepare for a fight.

You need to protect the PMQ, if she starts smashing walls and windows then you're on the hook for damages. CFHA doesn't care that she was a tenant.

She can take me to small claims? What was the circumance and results? CoC is now involved and CFHA is receiving updates. I should have asked clarification so this is my own lack of due diligence, but there was a written agreement. She's saying I used a landlord-tenant agreement but 99.9% certain, I used roommate roommate so therefore I lied to her and made her sign it (verbal hearsay), the landlord-tenant agreement grants her protection. The written agreement, had a 30 day evication notice and a fixed date. It expired two years ago and never was resigned. She's using that as justification for upcoming small claims court. CFHA is aware of this detail, and pointed out it was not legally binding document, National Defence Housing supersedes. I gave her notice yesterday, July 5th with a move out date of September 2nd.

 

[GIJaneTechie]

Squadron Chief Warrant Officer.

You need to get your chain of command involved and ask for their guidance/assistance, before this snowballs. She can threaten whatever she wants, but give her the print out of the link Zoomie posted, give her some reasonable time to pack her things and have a prearranged a time for the MPs to show up to escort her out. She has no legal right to military housing. If she wants some, give her the address to the Recruiting Center. She can take you to small claims court (someone previously posted that), so if she digs her heels in then prepare for a fight.

You need to protect the PMQ, if she starts smashing walls and windows then you're on the hook for damages. CFHA doesn't care that she was a tenant.

I informed my CoC and CFHA today, and both are monitoring the situation
Could start sending her recruitment videos for every trade, each day. lol

 

[GIJaneTechie]

I informed my CoC and CFHA today, and both are monitoring the situation
Could start sending her recruitment videos for every trade, each day. lol

thank you, btw for answering! I'm going away for training soon and these threads are helping

 

[GIJaneTechie]

I informed my CoC and CFHA today, and both are monitoring the situation
Could start sending her recruitment videos for every trade, each day. lol

thank you for the information, btw. appreciate it!

 

[GIJaneTechie]

SCWO = Squadron Chief Warrant Officer

Basically, engage your CoC.

thank you so much for answering!

 

[Quirky]

September 2nd? You are too lenient. I’d give her to the end of the month to GTFO.

 

[SeaKingTacco]

I am pretty sure that the issue is even simpler than everyone here is making this out to be.

RHUs are DND property, on a Defence Establishment. Civilians have no statutory “right” to be on DND property. Period.

I am no lawyer, but the MPs should be able to simply arrest the “tennant” for trespassing and remove that person to the property line.

 

[Weinie]

I am pretty sure that the issue is even simpler than everyone here is making this out to be.

RHUs are DND property, on a Defence Establishment. Civilians have no statutory “right” to be on DND property. Period.

I am no lawyer, but the MPs should be able to simply arrest the “tennant” for trespassing and remove that person to the property line.

When the civvie is invited and enters a contract (rental) I think that trespass is OBE.