REVscene - Vancouver Automotive Forum


Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.


Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

Reply
 
Thread Tools
Old 04-06-2009, 04:57 AM   #1
RS.net, helping ugly ppl have sex since 2001
 
TypeRNammer's Avatar
 
Join Date: Jan 2005
Location: Vancouver
Posts: 8,304
Thanked 2,632 Times in 754 Posts
I want to boot the tenant! Is this a good reason?

Recently like a couple of weeks ago, couple of people came knocking on my door asking if my basement is available for rent. I'm scratching my head thinking that our basement is already rented out.

So the people went to the back to look for the tenant that lives in the basement. It turns out that the tenant downstairs is trying to rent out our basement to someone else with a higher rate.

I'm just wondering if this is legal at all. Because I'm trying to skim through the tenancy act but maybe I might of missed something on there.

My mom gave the guy a good deal for rent, but the fact that the deal is so good, he's trying to make money off of it by charging other people a higher rate.

Is there any action that we can take? This pisses me off so much that I just want to boot the guy out but my mom isn't doing anything.


CLIFF NOTES:

-we rented out basement to tenant
-tenant got good deal on rent
-tenant takes opportunity and tries to rent it out to someone else to make profit for himself.


________________________________

Any input from you guys would be great, thanks in advance!


-Jason
Advertisement
TypeRNammer is offline   Reply With Quote
Old 04-06-2009, 07:41 AM   #2
My name is Michael. J. Caboose, and I hate BABIES!
 
Inaii's Avatar
 
Join Date: Jan 2005
Location: MoI
Posts: 6,552
Thanked 1,408 Times in 668 Posts
I think unless there's a clause in your rental agreement stating that he can't sublet, then he's allowed to. I would check with the Rental Tenancy Board about it.
__________________
"Can you match my resolve? If so then you will succeed. I believe that the human spirit is indomitable. If you endeavour to achieve, it will happen given enough resolve." -- Monty Oum

Quote:
Originally Posted by STATUS105 View Post
IF I FIND YOU
I WILL EAT YOUR RICE!
Inaii is offline   Reply With Quote
Old 04-06-2009, 10:09 AM   #3
The Lone Wanderator
 
Graeme S's Avatar
 
Join Date: Mar 2001
Location: Burnaby
Posts: 12,089
Thanked 4,367 Times in 1,137 Posts
Yeah, it depends on whether or not your lease agreement says "subletting is not allowed." If it says that, then you can either boot him or prevent him from subletting; if not, you may be SOL.
Graeme S is offline   Reply With Quote
Old 04-06-2009, 10:21 AM   #4
RS.net, helping ugly ppl have sex since 2001
 
Great68's Avatar
 
Join Date: Mar 2002
Location: Victoria
Posts: 8,505
Thanked 2,593 Times in 845 Posts
It's the other way around, unless it is stated in the tenancy agreement that subletting is allowed the tenant must get the landlord's permission to sublet.


Residential Tenancy Act Guidebook, Page 21:

Section: Subletting or Assigning a Tenancy

A tenant must have the landlordís written consent before subletting or
assigning a rental unit to someone else.
If a tenant assigns or sublets
without the landlordís consent the landlord may serve the original tenant
a One-Month Notice to End Tenancy and the sub-tenant must vacate
when the original tenancy ends.
A landlord is entitled to ask for information to conduct a credit check or
reference check on a prospective tenant and may withhold consent if it
appears the prospective tenant will not be able to comply with the terms
of the tenancy agreement. The landlord cannot unreasonably withhold
consent where the tenancy is a fixed-term tenancy of six months or
more.
A landlord cannot receive any payment or other benefit, directly or indirectly,
for letting a tenant assign or sublet a tenancy.
__________________
1968 Mustang Coupe
2008.5 Mazdaspeed 3
1997 GMC Sonoma ZR2

A vehicle for all occasions
Great68 is online now   Reply With Quote
Old 04-06-2009, 10:54 AM   #5
The Lone Wanderator
 
Graeme S's Avatar
 
Join Date: Mar 2001
Location: Burnaby
Posts: 12,089
Thanked 4,367 Times in 1,137 Posts
Quote:
Originally Posted by Great68 View Post
It's the other way around, unless it is stated in the tenancy agreement that subletting is allowed the tenant must get the landlord's permission to sublet.


Residential Tenancy Act Guidebook, Page 21:

Section: Subletting or Assigning a Tenancy

A tenant must have the landlordís written consent before subletting or
assigning a rental unit to someone else.
If a tenant assigns or sublets
without the landlordís consent the landlord may serve the original tenant
a One-Month Notice to End Tenancy and the sub-tenant must vacate
when the original tenancy ends.
A landlord is entitled to ask for information to conduct a credit check or
reference check on a prospective tenant and may withhold consent if it
appears the prospective tenant will not be able to comply with the terms
of the tenancy agreement. The landlord cannot unreasonably withhold
consent where the tenancy is a fixed-term tenancy of six months or
more.

A landlord cannot receive any payment or other benefit, directly or indirectly,
for letting a tenant assign or sublet a tenancy.
The section I've bolded; would that be interpreted to be "If the tenant is moving out and wants to give someone out the space, they can't really reject them unless there is a valid reason" or is that "You basically have no choice unless the person fails credit/reference checks"?
Graeme S is offline   Reply With Quote
Old 04-06-2009, 11:57 AM   #6
racing & tech mod.
 
Rich Sandor's Avatar
 
Join Date: May 2004
Location: Vancouver
Posts: 4,027
Thanked 491 Times in 183 Posts
I'm a part time rental manager as well, a tenant CANNOT sublet without the manager/owner's permission. If they do, you can give the new subletted tenant 1 month notice. You can also simultaneously give 1 month notice to the original tenant on the grounds that they broke the tenancy agreement. (Although the sublet section doesn't mention that, it's mentioned in another section of the tenancy act, it's a little trick to kill 2 evil birds with one stone.)

If the tenant has lived there for 6 months or more, and wants to go to scotland for X months and sublet in the meanwhile, they can do that as long as subletting was specifically allowed by the agreement they signed when moving in. The landlord can't deny it without sufficient reason. But this is irrelevent since 99.9999% of landlords DO NOT allow subletting.
Rich Sandor is offline   Reply With Quote
Old 04-06-2009, 12:43 PM   #7
RS.net, helping ugly ppl have sex since 2001
 
TypeRNammer's Avatar
 
Join Date: Jan 2005
Location: Vancouver
Posts: 8,304
Thanked 2,632 Times in 754 Posts
Okay thanks for the input everyone, I'll look deeper into this situation and keep you guys updated.
TypeRNammer is offline   Reply With Quote
Old 04-06-2009, 06:41 PM   #8
HELP ME PLS!!!
 
johny's Avatar
 
Join Date: Jan 2004
Location: here
Posts: 5,793
Thanked 146 Times in 67 Posts
let the 2nd guy move in, then raise the rates to more then what the 2nd guy is paying, so the first guy loses money
johny is offline   Reply With Quote
Old 04-06-2009, 09:06 PM   #9
VAC Head Rotang Mod
 
Raid3n's Avatar
 
Join Date: Oct 2004
Location: GP
Posts: 10,377
Thanked 1,180 Times in 523 Posts
there is a limit you can increase rent by per year.
__________________
1990 FC3S
1984 GSX-R 400
2001 CBR600F4i

My Feedback (10-0-0)

Quote:
Originally Posted by Fei-Ji View Post
haha i can taste the cum in my mouth
Raid3n is offline   Reply With Quote
Old 04-07-2009, 09:16 AM   #10
HELP ME PLS!!!
 
6793026's Avatar
 
Join Date: Apr 2004
Location: BC, HK, USA
Posts: 5,731
Thanked 1,392 Times in 503 Posts
i'm sure you've already figured out that it's not ok. What people have NOT told you is that it's very hard to kick your tenant out. you can't confront him by saying hey, i think you'r subleasing, i want to kick you out. It does not work that easily in your favor.

There are only a few 100% fail proof way to kick them out. The most effective one is to serve him a notice that you're moving in to the unit. there are ways around it but yeah, let me know.
__________________
Arguing on the internet is like running in the SPECIAL OLYMPICS.

Even if you win, you're still retarded.
6793026 is offline   Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -8. The time now is 06:52 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
SEO by vBSEO ©2011, Crawlability, Inc.
Revscene.net cannot be held accountable for the actions of its members nor does the opinions of the members represent that of Revscene.net