BELLA MANAGEMENT REALTY LTD. of EDMONTON SCAMS RENTERS!

[albertaborn]

Just a heads up to anyone considering renting from this company - DON'T. They are unresponsive to tenants such as not repairing outside outlets in the dead of winter leaving tenants stranded. They make promises to repair necessary fixes and never do, then when a tenant moves out they try every trick in the book to ensure the tenant recoops nothing from their security deposit. In my case I got a lawyer involved and they backed down, but don't believe a word this company says, ever! They even tried scamming me for cleaning costs when I moved into not one but two different units when in fact both units were dirty to begin with and I had to clean them up before I moved in!! DON'T RENT FROM BELLA, THEY WILL FIND A WAY TO CHEAT YOU OUT OF YOUR SECURITY DEPOSIT!!

 

[DVMMonkey]

This is the exact same experience that I had with this company! I had major heating problems from day one in my apartment which I brought to Bella management's attention within my first month of tenancy and after 10 sweaty months, 4 of which I withheld rent since Bella management was not coming up with a solution to the problem, and finally getting a lawyer invoked, I got an air conditioner. Then, after I brought to their attention another legitimate issue (electrical problems) they decided that instead of working with me to solve the issue they would simply evict me. They gave me 3 months notice and I left after the first month, yet they tried pinning all 3 months worth of rent on me even though I was a month to month tenant. It gets better. I told them on the 10th of March that I would be moving out on the 1st of May, meaning I would lose my damage deposit as I did not give one full months notice. Fair enough, but after I had vacated, cleaned the apartment (which when I moved in was also filthy & sticky), and returned the air conditioner, they sent me a statement of receipt saying that I owed for one months worth of rent and the cost of the air conditioner. They never returned my damage deposit, yet they expected me to "please make out a cheque payable to Bella Management for 1130$". Bella Management does not care about their tenants, they will scam and manipulate anyone who deals with them. Renters beware!!!!! Stay away from this company like the plague!!!!

 

[jeffjas]

You dont say if you rented a house or apartment so I dont really understand this heating problem you had in the summer ?? But let me get this straight, you withheld 100% of your rent for a "problem" yet you continued to reside in the unit sleeping, eating, and bathing for free, and you expect the company to let you live for free in the unit.



Unless the problem affects your health and safety or prevents you from residing in the unit, there's no way you should withhold all the rent, maybe 50%.



Sounds like you're not exactly the most reasonable tenant either. (since when is air conditioning a tenant right ??). From a landlord's point of view I'd evict you too.

 

[DVMMonkey]

I was renting an apartment that was located directly above the boiler room with no thermostat and a tiny window in the corner that had to be kept open at all times (even during winter) or else the temperature inside the apartment would reach over 37 degrees. I withheld rent for 4 months (this is after 6 months of them telling me that they were working on fixing the problem) because Bella Management kept giving me empty promises that they would fix the problem by getting an air conditioner. I did not sleep, bathe and eat for free. As soon as I received the air conditioner I payed every cent of rent I owed them. It was not my expectation to live their for free Jeff. It was however my expectation to live somewhere that didn't feel like the Sahara desert. I am a student, and having those heating problems go undealt with affected my sleep, ability to concentrate while studying and thus my performance in university. So ya Jeff, it did affect me, greatly.

 

[ownercondo]

Air conditioning is certainly a tenant right if the agreement to provide air conditioning was part of the CONTRACT to rent. Jeff: you sound like you are employed by Bella Management and Realty! There are probably more ignorant and abusive landlords in this country who try to scam everything they can out of a tenant rather than the other way around and you certainly sound like one of them.

 

[albertaborn]

That's been my experience. Landlords seem to have tenants over a barrel when it comes to squeezing out of paying back security deposits. The Bella Management rep who did my walk through when I moved out was shaking she was so mad when she saw how perfectly clean the place was. She worked extra hard to find fault in any nook and cranny so they could keep my money and keep it they did. Yip, $695.00 worth!!



Again, DON'T RENT FROM BELLA MANAGEMENT YOU'LL REGRET IT WHEN YOU MOVE OUT AND TRY TO GET YOUR SECURITY DEPOSIT BACK.

 

[Sherilynn]

I just wanted to point out two things:

• the only legal reason that you can withhold (not pay) rent in Alberta is if the landlord or manager does not provide you with a copy of the lease, and
  the best remedy available to you is the RTDRS (Residential Tenancy Dispute Resolution Service), where you can take the landlord to "court" and request rental abatement (a discount for lack of use of the premises due to disrepair or other reasons) and/or the return of your security deposit.

So if a landlord (or its management company) has wrongfully held your security deposit, then take them to the RTDRS and get it back. It will cost you $75 to file, but if they are in the wrong they will have to reimburse you for that fee.



(And my apologies, but I didn't bother reading every detail, and I would
advise you to be careful what accusations you make in writing as you
could be sued for libel.)

 

[DVMMonkey]

Thank you very much for your advice Sherilynn I will look into the RTDRS. I realized afterwards that I did not have the right to withhold rent for maintenance issues. However that seemed to be the only way to get Bella Management to fix the issues after 6 months of being unresponsive. From my experience I realize how powerless tenants are if they do happen to have maintenance issues. Tenants are literally at the mercy of their landlords. In hindsight contacting the tenant advisory board sooner would have been a better way to go. Lesson learned.

 

[Sherilynn]

In fact, even the threat of taking a landlord to the RTDRS is often enough to smarten them up. None of us want to waste a day in court.



It is always shocking to hear from tenants with unresolved issues such as sewer backups, mould, and non-functional bathrooms and appliances. The RTDRS is there for both tenants and landlords alike to have their issues heard and to work towards a resolution.

 

[ownercondo]

"I would advise you to be careful what accusations you make in writing as you could be sued for libel"



How about qualifying your threat that you can be sued for libel, instead of fear mongering, here are some facts on libel:






What is libel (defamation)?



Libel is the type of defamation with a permanent record, like a newspaper, a letter, a website posting, an email, a picture, or a radio or TV broadcast. If you can prove that someone libeled you, and that person does not have a good defence such as 'the truth being told' or priviledge such as in parliament. There are other defences that can be used but it seems in this Bella Management case, the truth is a defence for these folks if they were ever sued for libel. And you should know that suing for Libel can only occur in the Supreme Court not a provincial court. Supreme Court cases are very expensive for the litigator and accused but I would say more so for the litigator.



If the court has determined defamation then damages can be awarded but only if their professional reputation was at stake not their personal. And in these cases, again if the 'truth' or justification was spoken or written then that it is a defence that can be used and the litigator does not have a case. As for showing 'the truth' -- it is in the mind of the person as to what the truth is and what they believe happened to them. If they are speaking and writing from their own personal experiences and they believed that is what happened to them and it is truthful then too bad for the person whose feelings and reputation got hurt.


The law doesn't protect you from a personal insult or a remark that injures only your pride; it protects reputation, not feelings. So if someone calls you a lazy slob, you might be hurt, but you probably don't have a good reason to sue. If he goes on to say you cheat in your business dealings, you probably do have a good reason to sue, as long as he says it to someone else, not just to you. If he says it only to you, you can't sue because he has not hurt your reputation.





At common law, defamation covers any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public. Probably true statements are not excluded, nor are political opinions. Intent is always presumed, and it is not necessary to prove that the defendant intended to defame. In Hill v. Scientology Church of Toronto (1995), the Supreme Court of Canada rejected the actual malice test adopted in the US case New York Times Co. v. Sullivan. Once a claim has been made, the defendant may avail themselves to a defense of justification (the truth), fair comment, responsible communication, or privilege. Publishers of defamatory comments may also use the defense of innocent dissemination where they had no knowledge of the nature of the statement, it was not brought to their attention, and they were not negligent.

 

[Sherilynn]

Wow, OwnerCondo. I guess I was mistaken in thinking that you joined this forum for unbiased advice from people involved in real estate. That's why most of us are here: to share our experiences and ask for advice from experienced real estate investors.



FYI: anyone can be sued for any reason. It doesn't even have to be a good reason and it doesn't have to be a winnable case. A lawsuit will still cost time and money to defend, even if the case is bogus. So my comment still applies: the person "could be sued." My apologies for using the incorrect legal terminology.

 

[smmcguire]

Interesting direction on this original topic. I might add a note on litigation, you are right Sherilynn, you can sue anyone and as many times as you like in civil court.


Case in point; petitions. In Toronto, a lawyer was fed up with the cities newspaper being delivered door to door in her condo, so she went to each door and picked them all up for weeks on end. Finally, the other residents `petitioned` the condo board to give notice of a cease and desist with the paper removal. Long story short, lawyer took exception to petition and sued. Court tossed it first time out, but after approx.9 trips to the court house, she wore down the residents until they;


1. apologized in writing to her and it was circulated to all residents


2. There was a sizable cash settlement `out of court` to get her to stop suing


3. The matter was never to be mentioned again or she would restart entire exercise over again.


So, if you think you can`t be sued, I got more of these types of `I can`t be sued stories`. This was one from a fellow co-worker.


Note; never sign petitions unless you are prepared for possible litigation. Another case in B.C. proved this out in relation to a ski hill and residents signing a petition to stop it. Each resident was served a sizable monies owed lawsuit.

 

[albertaborn]

Gotta love those lawyers! Smart as a whip and nasty as can be (this one anyway)! She had all the legal avenues to "punish" her fellow condo owners. It must be hell to live in a place now that all your neighbour hate your guts! But sounds like her thick skin will serve her well....



Let's hope she's one in a million and others use some common sense! Geeezzzzz!