Landlord Tenant Dispute Resolution
Summary
The landlord cannot legally confiscate personal belongings without following the proper procedures outlined in the Residential Tenancy Act. The lease remains in effect until legally terminated, even after the tenants death. Complaints about police conduct can be filed with the Office of the Police Complaint Commissioner (OPCC) for potential breaches of privacy laws and protocols. Contact the Residential Tenancy Branch or a local legal aid service for immediate advice.Full Conversation
I am located in BC. I have a friend who passed away. It is a suspected drug overdose. The police who who is in charge of the investigation divulged all of this information to the landlord and the possibility that there may be drugs and needles in the apartment. This is still an ongoing investigation and the body is at the coroners waiting for autopsy. The landlord is planning to pack and confiscate all his personal items in the apartment and charge extra. stating that he needs the place rented in october because the dead man has signed a one year lease and was only four months in. The dead guy's family is abroad and will not be present in the country until another * weeks. My friend already paid this September rent plus the landlord has the security deposit. Is the landlord legally entitled to do this? What action can be taken against the police who divulged so much information to the landlord including releasing the keys?
I'm sorry to hear about your friend's passing. Your situation raises a couple of legal issues:
*. **Landlord's Actions:**
- Under BC law, the landlord must follow the Residential Tenancy Act.
- The lease likely remains in effect until legally terminated.
- The landlord cannot confiscate personal belongings without proper legal process.
*. **Police Conduct:**
- Information sharing by police should follow privacy laws and protocols.
- Complaints can be lodged with the Office of the Police Complaint Commissioner (OPCC).
Further questions:
- Have you or the deceased's family contacted the Residential Tenancy Branch or a local legal aid service for immediate advice?
not as yet
Given the situation, here are some steps you can consider:
*. **Landlord's Actions:**
- The landlord cannot legally confiscate personal belongings without following proper procedures outlined in the Residential Tenancy Act.
- The lease remains in effect until legally terminated, even after the tenant's death.
*. **Police Conduct:**
- Complaints about police conduct can be filed with the Office of the Police Complaint Commissioner (OPCC) for potential breaches of privacy laws and protocols.
~Office of the Police Complaint Commissioner (OPCC)
Phone: *-*-*-*
Website: www.opcc.bc.ca
Have you or the deceased's family contacted the Residential Tenancy Branch or a local legal aid service for immediate advice?
TRY ME!
Start a new chat