Q: I live in Saskatoon sask. and I have been storing my personal belongings after becoming homeless in a friends carport
I live in Saskatoon sask. and I have been storing my personal belongings after becoming homeless in a friends carport in his back yard for the last 2 years.now the place has been sold and my friend was only given a months notice despite the requirement if the purchaser or a close family member doesn’t intend to occupy it being 3. Anyway he was given notice to vacate by the 1st of June, which he did, however we haven’t fully vacated our stuff as we had to make provisions to our place to accommodate everything and having no vehicle have only a bicycle a cart to haul 1 load at a time. So now the old landlord has been there and he is pissed that we still have stuff there and says that he is hiring a crewto clean it up and that we had better not be there when he gets there or he will be involving law enforcement. Can he really just throw out all of our stuff and have us arrested or prohibit us from retrieving it?
A:
Based on the situation you've described, here's an analysis of your rights and the landlord's obligations:
1. Notice period: In Saskatchewan, landlords are generally required to give tenants at least two months' notice to vacate if they plan to sell the property. The one-month notice your friend received may have been insufficient, depending on the specific circumstances.
2. Personal property: Even after the tenancy has ended, landlords in Saskatchewan must follow proper procedures for dealing with abandoned property. They can't simply discard or sell tenants' belongings without notice.
3. Reasonable time to remove belongings: Tenants should typically be given a reasonable amount of time to remove their possessions after the tenancy ends. What's "reasonable" can depend on factors like the amount of property and the tenant's circumstances.
4. Landlord's obligations: The landlord should:
- Provide written notice before disposing of any property
- Store the property safely for a certain period (usually at least 60 days)
- Allow you to claim your belongings during this period
5. Involving law enforcement: The landlord can't have you arrested simply for retrieving your belongings, assuming you're not trespassing or breaking any laws in the process.
6. Your rights: You have the right to collect your possessions within a reasonable timeframe. The landlord can't legally prohibit you from retrieving your property.
Recommendations:
1. Communicate with the landlord in writing, explaining your situation and proposing a timeline for removing your belongings.
2. Document all interactions and keep copies of any notices or correspondence.
3. Remove your belongings as quickly as possible to avoid further conflict.
4. If the landlord disposes of your property without proper notice or procedure, you may have grounds for a civil claim.
5. Consider contacting the Office of Residential Tenancies (ORT) in Saskatchewan for guidance and to understand your rights better.
6. If you're facing homelessness, reach out to local social services or housing organizations for assistance.
Remember, while this advice is based on general tenancy laws in Saskatchewan, your specific situation may have nuances that require professional legal advice. If the situation escalates, consider consulting with a local tenant rights organization or a lawyer specializing in housing law.
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