REVscene Automotive Forum - Tentant not paying rent HELP!

So I am renting my apartment suite to a person. Did credit check and reference check and everything seems ok.

So we sign a year one lease agreement and she give me all the depoist and posted chequie. Now when I deposit her cheque for this month rent(frist month) It bounce. So I try to call her but her cell phone is always voice mail and when i call her work place they said she haven't shown up for work for 2 weeks already. I started calling last friday. Is it ok if I actually show up at her front door and ask her what is going on?

So I am getting a little scare at this point. If she is one of those tentant that will not pay her rent at all(basiscally staying in my apartment for free). Is there anything I can do legally to kick her out? We all know the BS law in vancouver protect the tenant and they even if they don't pay rent there is no way to kick out them.

Here is a copy of the agreement that we sign:

Lease Agreement
(Condominium Apartment)

THIS LEASE made as of January 4, 2009 between (the “Tenant”) and (the “Landlord”).

WHEREAS the Landlord is the registered owner of the residential condominium unit known as and parking unit , and storage unit (collectively the “Property”);

AND WHEREAS the Tenant wishes to lease the Property from the Landlord;

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord hereby leases unto the Tenant the Property for use and occupation as a single family residence including the chattels and appliances now on the Property, upon the following terms and conditions:

Term. The Tenant shall have and shall hold the Property for and during the term of January 16, 2009 to be computed from , and ending on . In the event that the commencement date of this Tenancy occurs on a date other than the first day of a month, the rent shall be pro-rated until the first day of the immediately succeeding month.

Rent. The Tenant shall pay to the Landlord in advance during the term herein granted, rent in the annual amount of $1150 to be payable on the first day of each and every month during the term hereof, the first of such payments to become due and payable on the first day of .

Pre-paid Rent. The Tenant agrees to deposit with the Landlord the sum of $575 as pre-paid rent, to be applied towards the last month’s rent of the term. The Landlord agrees to pay to the Tenant interest annually thereon at the rate of six per cent (6%) per annum or at the prescribed rate of interest pursuant to applicable law.

Condition of the Unit. The Tenant hereby agrees to accept the Property in an “as is” condition.

Chattels and Personal Property Within the Unit. All chattels and personal property belonging to the Tenant and located or stored in or on the Property (including the locker storage space) shall be kept and stored at the Tenant’s risk. The Landlord shall not be liable, except in the case of the Landlord’s direct negligence or willful misconduct, for any injury, damage or loss resulting from any accident or occurrence in or upon the unit and/or the common elements sustained by the Tenant or any person claiming through the Tenant.

The Tenant covenants with the Landlord to keep the appliances and fixtures belonging to the Landlord on the Property at the commencement date hereof in good and clean condition, reasonable wear and tear, damage by fire or other casualty, excepted.

Compliance by Tenant. The Tenant’s right to use and occupy the Property (including the common elements) shall be subject and subordinate in all respects to provisions of the (i) the by-laws, rules and regulations of the Declaration Establishing a Plan for Condominium Ownership of the Premises (collectively the “Declaration”) and (ii) Powers of Attorney granted to the Board of Managers, leases, agreements, mortgages, renewals, modifications, consolidations, replacements and extensions to which the Declaration or the Property are presently or may in the future be subject. The Tenant shall not perform any act, or fail to perform an act, if the performance or failure to perform would be a violation of or default in the Declaration or a document referred to in (ii). The Tenant shall not exercise any right or privilege under this Agreement, the performance of which would be a default in or violation of the Declaration or a document referred to in subdivision (ii). The Tenant must promptly execute any certificate(s) that the Landlord requests to show that this Agreement is so subject and subordinate. The Tenant authorizes the Landlord to sign these certificate(s) for the Tenant. The Tenant acknowledges that the Tenant has had the opportunity to read the Declaration, including the by-laws, rules and regulations. The Tenant agrees to observe and be bound by all the terms contained in it which apply to the occupant or user of the Property or a user of the common areas and facilities. The Tenant agrees to observe all of the rules and regulations of the Association and the Board of Managers. The Tenant acknowledges and agrees that failure on his part, the members of his family, guest, visitors and any other person or persons occupying the unit with the consent of the Tenant from time to time, to comply with the Declaration or any document referred to in (ii) shall constitute a material breach of this Agreement and shall entitle any of the Landlord and/or the Board of Managers to apply for an order terminating the tenancy hereby created.

Repair and Maintenance of the Unit. The Landlord shall maintain the unit in a good state of repair, fit for habitation during the term of the lease, and comply with health and safety standards in force at the date of commencement of the lease. The Tenant shall keep the unit, during the term of the lease and any renewal thereof, in neat, clean and sanitary condition and dispose of all rubbish, garbage and other organic or flammable waste, in a clean, safe and sanitary manner and as prescribed from time to time in the rules and/or by the Association and the Board of Managers. The Tenant shall use and operate all electrical, plumbing and heating fixtures and appliances in accordance with the operating instructions in a safe manner. The Tenant shall not permit any person to destroy, deface, damage, impair or remove any part of the Property including any additions or improvements to the Property and all facilities and appurtenances thereto, and the Tenant shall not himself do any such thing. The Tenant shall at his own expense, furnish and replace all light bulbs, fuses and faucet washers as needed. The Tenant shall promptly report any defect, damage or breakage in the structure, equipment or fixtures to the Landlord and, in the absence of the Landlord, to the Association and the Board of Managers.

Inspection and Repair. The Landlord, the Association and/or the Board of Managers shall and may, from time to time, between the hours of 8:00 a.m. and 8:00 p.m., with reasonable notice to the Tenant, enter in and upon the Property to render services and make adjustments in connection therewith, customary or necessary in the construction, remodeling, or in the maintenance of the Property and for all other proper purposes.

Alterations. The Tenant will not remodel or make any structural changes, alterations, additions or decorations to the Property; will not paper, paint or decorate (provided the Tenant may repaint the Property as long as the color of the paint is the same as the present color of the walls and ceilings within the Property); nor install, attach, remove or exchange appliances or equipment, nor change the existing locks of the Property, without the prior consent of the Landlord.

Use. The Property shall be used as a single family residential dwelling to be occupied by the Tenant and for no other purpose. The Tenant acknowledges and agrees with the Landlord that, in accordance with the Declaration, neither he nor any member of his household shall keep, shelter or permit entry into the Property of any animal, livestock or fowl except for a single household pet.

Locker Storage Space. The Tenant shall have the right under this Agreement to enjoy the exclusive use of a Locker Space to be assigned by the Landlord for the benefit of the property in compliance with the provisions of the declaration, by-laws and the rules of the Association and the Board of Managers.

Assignment Or Subletting. The Tenant agrees not to assign this Agreement or sublet the Property or any portion thereof, or transfer possession or occupancy thereof to any other person or persons whomsoever without the prior written consent of the Landlord.

Insurance. The Tenant will do nothing and permit noting to be done within the Property and the common elements which will contravene any fire or other insurance policy covering the same. The Landlord agrees to maintain, in addition to the building insurance maintained by the Association and the Board of Managers, as the case may be, separate and additional insurance coverage on any appliances, upgrades and improvements and household effects, during the term of this Agreement. The Tenant is responsible for insuring his own contents.

Tenant’s Default. Upon:

continuing violation by the Tenant of any of his covenants herein;

failure of the Tenant to pay the rent when due and payable; or

should the Tenant continue to occupy the unit in contravention of the Declaration, by-laws or rules of the Association and the Board of Managers;

(a)then and in any such events, as the option of the Landlord, this Agreement shall forthwith cease and determine and the Landlord may thereupon proceed to recover possession of the unit in accordance with the provisions of the law regulating proceedings in cases between landlords and tenants, and when such possession is obtained, the Landlord may, at his option, re-lease the Property at the risk and cost of the defaulting Tenant, whose default in no instance shall receive him of the liability for the difference between the rent herein reserved and the rent actually received by the Landlord during the term of this Agreement remaining after such default occurs. The Tenant further agrees with the Landlord that, in case the Property shall be abandoned or vacated, the Landlord, in addition to all other rights hereby reserved in this Agreement and at law, shall have the right to enter and re-let the Property as agent of the Tenant, and to receive and apply the rent therefor. Provided that, if the rent hereunder is overdue and Property is vacant, it shall be presumed that the Tenant has vacated or abandoned the Property and the Landlord shall be entitled to take immediate possession thereof.

Landlord’s Covenants. The Landlord covenants with the Tenant for quiet enjoyment of the Property and agrees to pay all taxes and assessments whatsoever whether municipal, parliamentary or otherwise, and including common expenses which during the said term may be charged upon the Property or upon the Landlord in respect thereof. It is understood and agreed that the Tenant shall directly pay for all telephone charges and any additional cable television outlets for cable television services not expressly provided for by the Association and the Board of Managers in the Declaration.

Surrender of the Unit. The Tenant will, upon termination of this Agreement (including any extension or renewal thereof) surrender the Property and all fixtures and appliances hereinbefore described in good, clean and operating condition, and in the same condition as when received, reasonable wear and tear excepted. The Tenant shall at the time of vacating the Property, clean the Property, including without limitation the stove, refrigerator and dishwasher, and remove all trash from the Property. Upon vacating the Property, the Tenant shall deliver all keys to the Property, to the entrance to the building, all mail keys and parking cards to the Landlord within twenty-four (24) hours after vacating.

Overholding Tenant. If the Tenant shall remain in possession of the Property at the expiration of the lease term, he shall be deemed to be a monthly tenant of the Landlord, and either party shall give to the other the minimum notice required of such party’s intention to terminate this Tenancy during any extension, renewal or holdover period in accordance with the applicable law.

Substantial Damage. If the Property shall be damaged or destroyed by reason of fire or other casualty not resulting from the negligence of the Tenant or the Tenant’s family, guest, visitors, licensees, employees or agents, and as a result thereof shall be uninhabitable, the rent provided herein shall be suspended until the Property shall have been restored to a habitable condition; provided, however, in the event the Landlord or the Association and the Board of Managers does not or cannot repair the Property within sixty (60) days, in the case of the Landlord, from the date of occurrence of substantial damage to the unit or in the case of the Association and the Board of Managers, within sixty (60) days after the Board has made a determination that there has been substantial damage to the building, this Tenancy shall thereupon terminate and neither party shall have any further liability to the other. If, however, such damage or destruction does not render the Property uninhabitable and there has not been substantial damage to the building, the Landlord shall promptly undertake to repair the Property within sixty (60) days, in which event, this Tenancy shall remain in effect without any abatement of rent. In any event, the Landlord shall not be liable to the Tenant for failure to repair the Property caused by actions not within the Landlord’s control, such as the actions of the Association and the Board of Managers.

Waiver. No waiver by the Landlord of one breach of any covenant or agreement herein contained shall be construed to be a waiver of the covenant or agreement itself, or the subsequent breach thereof. Acceptance of the rental or acquiescence in default shall not operate as a waiver of such default, even though such acquiescence continues for an extended period of time.

Notice. Any notice provided for or permitted by this Agreement to be given by one party to the other may be given sufficiently and for all purposes in writing, mailed by ordinary prepaid post, addressed to the party to be notified at such party’s address as set forth herein, or the last address designated by such party in writing to the other, or delivered personally to the Landlord or Tenant, as the case may be, and shall be deemed to conclusively to have been given on the date of such mailing or personal delivery.

(b)Landlord’s Address:

(c)Tenant’s Address:

Miscellaneous. The conditions and agreements contained herein to be performed by the respective parties are binding upon, and may be legally enforced by, the parties, their heirs, executors, administrators successors and assigns, respectively. The captions and headings herein are for convenience of reference only and in no way define or limit the scope or content of this Agreement embodies the entire agreement and understanding between the parties, supersedes all prior negotiations, agreements and understandings, and neither the Landlord or the Tenant nor their agents shall be bound by any terms, conditions, statements, warranties, or representatives, oral or written, not herein contained. Any provision of this Agreement may be modified, waived or discharged only by instrument in writing signed by the party against which enforcement of such modification, waiver or discharge is sought. The provisions of this Agreement are severable and the invalidity or unenforceability of any provision of this Agreement shall not affect or impair any other provision.

Receipt of Tenancy Agreement. The Tenant hereby acknowledges receiving a copy of the herein agreement on the date above written.

IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed on the date first written above.

So if she doens't pay her rent for the whole year does it mean she can live there for free? Need help fast!!!