In urban area many residents live in apartments and pay monthly rent to that all powerful landlord.
And, in many low rent situations that includes a little bit of abuse from the landlord. But tenants also have rights. That's why one Belize City tenant has decided to go public with the fight she is having with her landlord.
She spoke to us yesterday about an altercation in which she alleges that the landlord invaded her privacy, removed her backdoor, and forced her family to sleep with that security risk for 2 nights.
Here's what that Tennant told us:
Charmaine Banner, Distressed Tenant
"Every time it rains water settles inside the house and my stuff get damage. I explained to her that I was going to live out my last month and she said okay no problem. The last month is up so she decide to come. She asked for her keys so I gave it to her. After that, she came again, broke open the front door and I still didn't say anything about it. The third time which was Friday she came and hollered for me and my grandma told me that the lady is here. Before I could step outside my room, she was already inside the house with two guys who broke open the back door and took it along with them and change the locks on the front door."
Reporter
"So she remove the door physically?"
Charmaine Banner, Distressed Tenant
"Completely and took it along with her."
Reporter
"Obviously that seems like an invasion of privacy even though this persons owns the place she is renting it to you."
Charmaine Banner, Distressed Tenant
"I got assistance from Mr. Norman Rodriguez, he was the one who assisted me, told me to go and report it to the police. That's when I went to the station and made a report. They have all the information. We tried to look for her, we can't find her anywhere. So, the kids and I had to sleep without a back door for the past 2 nights and that's when the kids father came and says that he can't let the kids sleep without a back door, so he went there and remove the bathroom door and place on the back."
Reporter
'At this current moment there is a patchwork job to protect your family."
Charmaine Banner, Distressed Tenant
"Yes sir."
Reporter
"If and when the police track down this landlord, what's you intention, do you intend to press charges?"
Charmaine Banner, Distressed Tenant
"Yes sir, I sure do."
Banner reached out to attorney Norman Rodriguez, who has decided to represent her pro-bono. He told us that if what this tenant is saying is true, then her landlord has exposed herself to criminal charges:
Norman Rodriguez, Attorney for Tenant
"Section 53/1 of the landlord and tenant act requires that for someone to be evicted from out of a tenancy that the person must be given what you call a legal notice. That should be in writing. Thereafter if the person does not comply, if it's a one month notice, then the landlord must apply to the court for the person to be evicted. Short of that, no landlord has the right to enter into a person's home. And if you go further than that then you breach the covenant for peaceful enjoyment which it seems has happen in this instance. If you ever have a chance to look at the landlord and tenant act section 67, that speaks to disturbance of the tenant peaceful enjoyment and in that it says no landlord or agent shall during the subsistence of any tenancy remove the roof, window, door or any other part of a tenement without the consent of the tenant and in this case you see that. The tenant is saying that it was done without her consent. If that happens the magistrate by section 67/2 can award damages at a criminal proceeding and it further states that even where the magistrate awards damages, this is section 67/3 - at a criminal proceeding the person still has the right to bring a civil action against the landlord for further damages."
"We have to set the example, because in Belize have a tendency to just believe that they can take the law into their own hands and we can use this means to educate people. There are many landlords out there who are frustrated because there are tenants who breach also, but there is a process that you must go through."
Of course, there are always 2 sides to every story, and this evening, we spoke to the very irate landlord. She strongly insists that Banner isn't telling us the full story and that Banner owes her several months' rent. We pointedly asked Banner about that yesterday, and she gave us the impression that it is the landlord who wants her gone, and isn't willing to accept her money.
The landlord shared her frustration saying, quote, "We, landlords, have no rights." End quote.
She explained that the rent she collects on the house is her only source of income, and she has creditors who are strongly obliging her to pay up, or else she will be taken to court.
She added, quote, "Is she supposed to live in my house for free?" End quote.She also said that she has made an attempt to evict Banner, and she was informed that she had to do so in writing. She claims that she did give Banner an eviction notice in writing.
We asked her to share the quantum of arrears that Banner owes her, and she told us to seek Banner out for that information. We offered to come to speak with her about the dispute in person, and that's when she hung up the phone.
