Help: What happens once the building manager disagrees to add a new tenant to the lease?
I live in BC, Canada. I moved into my partner's apartment suite 2 years ago. By then, he has already been living there for about 5 years.
My apartment building manager (not the land lord) told us that we need to sign a new lease. When we went to her office, she asked why I was there, and stated that it would be a bad move for us to sign a new agreement as it would mean we will have to pay a higher rent.
Before I go any further, I have to clarify that she told us to sign a new lease, and then later told us it is unnecessary.
She has a history of changing around her words depending on her mood, writing public announcements about which tenant is behind on rent, and making false accusations against the tenants.
I have photographic evidence of her abusive messages, and witnesses (other tenants) who can back up my claim about her erratic behaviours. Unfortunately, I am told that these behaviours are not illegal.
Back to the issue on hand...
After being told that we do not need to sign a new lease, we went on with our lives. But recently, new problems started to arise.
There has been a construction happening on our building facade for the past month. The construction workers built scaffolding, which stands right outside my bedroom window and balcony door. We live on the second floor and normally there would be no way to access our unit from the outside. Last week someone stole a bike from my balcony. I contacted the building manager about the theft and she stated that she has no responsibility in resolving the matter.
It was upsetting, but I understood that she had no legal responsibility regarding the theft. But then yesterday, she disabled my FOB without any warning. Without the FOB I have no access to my apartment building.
From what I understand, Section 30 of the Residential Tenancy Act states that a landlord must not unreasonably restrict access to the residential property. In the absence of concrete evidence that the tenant was engaged in illegal activities, the landlord has no grounds to limit the tenant’s access. However, as an "occupant" who is not under the lease, I have no legal protection.
This finally brings us to my question. I want to be included in the lease so that I would have legal protection, and to be able to file disputes should any problems arise.
However, considering that she did not want to include me in the lease when I first moved in, I don't see why she would want to add me to the lease now.
My partner is in the process of sending her a formal letter about the cancelled FOB and the new lease agreement.
What would happen when the building manager disagrees to add me to the lease? Would my partner and I be allowed to continue to live in the apartment as tenant and occupant? Or does our intent to start a new lease automatically give her the right to dissolve the current agreement, allowing her to kick us out?
If anyone could point me to some resources, or have any answers, it would be greatly appreciated.