Removing Tenant While on Month to Month Basis

[moomooCow]

Hopefully someone can help

So I have a house that is currently rented out to a family. The contract we signed was the Residential Tenancy Agreement RTB-1. The term for the contract ended a long time ago but we've been continuing on on a month to month basis, as outlined in the contract.

The confusing part starts here... I'm interested in selling the house and have told the tenants about it, telling them that they have two months. They insisted on a formal notice to end tenancy which is actually better so that's fine. But now that I've been looking up the notices to end tenancy and the only thing that seemed to apply was this:

Landlord's notice: landlord's use of property

49
.
.
.
(5) A landlord may end a tenancy in respect of a rental unit if

(a) the landlord enters into an agreement in good faith to sell the rental unit,

(b) all the conditions on which the sale depends have been satisfied, and

(c) the purchaser asks the landlord, in writing, to give notice to end the tenancy on one of the following grounds:

(i) the purchaser is an individual and the purchaser, or a close family member of the purchaser, intends in good faith to occupy the rental unit;

(ii) the purchaser is a family corporation and a person owning voting shares in the corporation, or a close family member of that person, intends in good faith to occupy the rental unit.

From here http://www.bclaws.ca/Recon/document/....xml#section44

So technically I am not allowed to ask my tenants to leave unless both (b) and (c) are true? Is there any other way?

My tenant was also talking about not having to pay for the last month? I believe she was referring to this

•On or before the effective date of this Notice, the landlord must pay the tenant an amount equal to one month’s rent payable under the tenancy agreement.
• If this Notice is ending a periodic tenancy, the tenant may withhold the last month’s rent instead of being paid compensation.
• Compensation is not owed to tenants who receive this Notice because they do not qualify for the subsidized rental unit.
• If a tenant has already paid the last month’s rent, the landlord must refund the rent as the compensation.
• If the landlord does not take steps toward the purpose for which this Notice was given or if the unit is not used for the stated purpose for at least 6 months beginning within a reasonable period after the effective date of this Notice, the landlord or purchaser must pay the tenant an additional amount equal to double the monthly rent paid under the tenancy agreement.
• If this is a periodic tenancy, a tenant who receives this Notice can give 10-days notice and move out early. The landlord must still pay the tenant one-month’s rent as compensation.

found in the Notice to End Tenancy RTB-32

I'm confused as to which of those three applies...

Hope I've provided enough info for someone to help! Thanks!

[lowside67]

You literally cannot kick a tenant out unless either you are moving into the house, an immediate family member is moving into the house, or the new buyer is planning on moving into the house. There is no way, period.

[XtC-604]

well then just tell the new owners to "move in"

[Inaii]

Your best bet is to go into the office and ask them to clear up your confusion.

[wing_woo]

If you are selling, the tenants in there must make the place accessible for potential buyers to look at the place within reason. So, basically, they can't say that they are always busy so you can't let potential buyers look at the place.
You don't need to kick them out. The buyer will be responsible to kick them out if they want to move in.

[nipples]

^ a better option would be to give them notice of an inspection...noting the time and day. serve it 2weeks in advance.

Also, make sure the form is filled out and dated and everything is correct. was at rta the in dec and a couple was selling their house, told the tenant at the time of move in (aprox 1yr ago) that they were going to be selling it to a friend who was moving in in jan. unfortunately, tenant said no notice (formal, written) was given and do not have to move out for 3months or something. seller is now on the hook and pissed. no sympathy from rta as well

[6793026]

Since you are on a month to month basis, you can kick them out anytime. (or in formal terms, you want to end the tenancy). ONLY if you break the contact, you may have to pay for penalities etc.
If you are on a contract and you want to move in, then you need to follow the steps but there are ways around it. PM me for more info.

If you are on a month to month, just KINDLY let them know, in writing, put it in their mail box and state that the last day for tenancy will be on say 3-4 months from now. Tell them the date of inspection for move out, tell them you will mail them a cheque (or cash with a signature) to them along with the move out report.

the lady is on crack.

If you want more clarificaiton, just call the RTB early in the morning cause the queue is super long.

[lowside67]

Originally Posted by 6793026

Since you are on a month to month basis, you can kick them out anytime. (or in formal terms, you want to end the tenancy). ONLY if you break the contact, you may have to pay for penalities etc.
If you are on a contract and you want to move in, then you need to follow the steps but there are ways around it. PM me for more info.

If you are on a month to month, just KINDLY let them know, in writing, put it in their mail box and state that the last day for tenancy will be on say 3-4 months from now. Tell them the date of inspection for move out, tell them you will mail them a cheque (or cash with a signature) to them along with the move out report.

the lady is on crack.

If you want more clarificaiton, just call the RTB early in the morning cause the queue is super long.

You are fucking retarded.

You CANNOT just ask them to leave because they are on a month to month tenancy.

Originally Posted by lowside67

You literally cannot kick a tenant out unless either you are moving into the house, an immediate family member is moving into the house, or the new buyer is planning on moving into the house. There is no way, period.

[scoughty]

Here, check this out, it is a little confusing, but I have had situations like this.

http://www.bclaws.ca/Recon/document/....xml#section49

Basically,

60 day notice, for landlord use of property.

60 day notice, to sell empty, if you enter into a contract to sell. ie real estate agency.

60 day notice, if you sell the home while you let them live there (most new buyers don't care to do that), then the ownice falls on the new home owners to give them notice, which would still be 60 days + 1 month, landlord use of property.

Compensation applies to all of the notice situation, equal to 1 month rent in cash or last months rent of the 60 day notice is free.

You cannot kick them out with out notice (month to month or not), and if after the notice has expired and they still won't leave, you must file a dispute resolution with the Tenancy Branch to ask for an order of possesion. If they still don,t leave, you need to file a writ of possesion with the supreme court BC. then the baliff will go and remove them with the assistance of the police.

Hope this helps, been there, done that. Good Luck

[moomooCow]

Oh crap, forgot I made this thread! Yeah, thanks everyone the situation is resolved, as far as I understand it now, what scoughty and lowside67 said is correct, I'm giving them more than 60 day notice for landlord's use and also giving them last month free as compensation.

Month to month is still considered a contract and if I want to end the tenancy, then I'm breaking the contract.

Heads up!: Whatever excuse you choose to use to ask your tenants to leave, note that your tenants can come back a couple of months later to check if what you claimed was going to happen, actually happens. If they can prove that you lied you'll be forced to cough up more money!

[MyPresIzBlack]

Glad this thread came up as I am currently in the middle of the same kind of issue, except I am currently the tenant.

This is my situation in a jiffy. I am the tenant at a condo. Our lease expired a while ago, am currently doing a month-to-month agreement, but NOTHING WAS SIGNED.

The owner is currently selling the condo with a real estate agency. I have been letting them do their open houses, showings, etc. without saying anything. Although its a huge pain in the ass..

If I understood what was said above, I must be given 60 days formal notice of when I have to move out, and I am to be given last months rent free because our contract is ending due to the owner selling the property?

Someone clarify for me? Thanks!

[KuSouL]

i have a similar question and until i saw this topic didn't occur to me to ask on rev.
but instead of starting a new topic i'll just ask here

i'm renting a condo in downtown toronto ~ signed a one year contract starting in february and a few days ago I got this e-mail

"Hi ______,
I just wanted to know if you would be able to find another place in about 2 months or even sooner then that due to some personal circumstances that will cause me to move in to the unit for a period of time. Thanks and please let me know as soon as possible.

Regards,
_____"

my question is, is she allowed to do that?

the internet company that i use required me to pay a full year when i activated so if i moved can i ask the landlord to pay me for the remaining 10 months? (i dont know if i can move my internet with me because i had to have dry loop installed and i dont know if that is moveable)

do i get compensated for anything if i did have to move out? (i am considering mainly because this landlord feels like trouble and i rather not have to deal with her plus other minor reasons) perhaps moving fees?

last question ... answer more obvious for this one but thought i'd ask nonetheless ...
if i were to move i would have to take apart some of my furniture (all new, well 2 months old) do i get compensated for that?

thanks in advance ~

[misteranswer]

Why kick them out at all? Not all potential buyers will be ones planning to move in. Some may be investors and already having a tenant coughing up money each money is a big bonus...unless of course, they're paying below the market rate.

[misteranswer]

Originally Posted by KuSouL

i have a similar question and until i saw this topic didn't occur to me to ask on rev.
but instead of starting a new topic i'll just ask here

i'm renting a condo in downtown toronto ~ signed a one year contract starting in february and a few days ago I got this e-mail

"Hi ______,
I just wanted to know if you would be able to find another place in about 2 months or even sooner then that due to some personal circumstances that will cause me to move in to the unit for a period of time. Thanks and please let me know as soon as possible.

Regards,
_____"

my question is, is she allowed to do that?

the internet company that i use required me to pay a full year when i activated so if i moved can i ask the landlord to pay me for the remaining 10 months? (i dont know if i can move my internet with me because i had to have dry loop installed and i dont know if that is moveable)

do i get compensated for anything if i did have to move out? (i am considering mainly because this landlord feels like trouble and i rather not have to deal with her plus other minor reasons) perhaps moving fees?

last question ... answer more obvious for this one but thought i'd ask nonetheless ...
if i were to move i would have to take apart some of my furniture (all new, well 2 months old) do i get compensated for that?

thanks in advance ~

If I remember correctly, you're at U of T? You can get free legal advice there. 10x better than from a bunch of people from BC. The laws in Ontario are similar but not the same.

http://dls.sa.utoronto.ca/

[6793026]

Originally Posted by lowside67

You are fucking retarded.

You CANNOT just ask them to leave because they are on a month to month tenancy.

Lowside: I've ended the tenancy on multiple tenants even when they are month to month or even when they are on contract.
Not going to get into the Tenancy Act stuff but I've ended tenancy with all of my tenants due to them not paying rent on time and in full, retards destroyed the apartment, they literally punched holes in the walls, multiple disturbances and multiple complains from cops and last but not least, caught 3 tenants wanting to grow weed.

so yeah, you can kick a tenant out if they are month to month or even when they are still in the lease.

there are multiple ways to have the landlord to terminate the tenancy and it doesn't have to be those 3 (move in, family move in, reno etc).

Lastly, month to month or contract, the tenant has a right to NOT move. The tenant has every right to ask the courts for a hearing. Just FYI

[frojoe]

It's incredible the amount of rights a tenant has even when they don't sign any kind of legalese... you have to try real hard to actually successfully get kicked out of a place (or get a tenant out, since you're a landlord).

[lowside67]

Originally Posted by 6793026

Lowside: I've ended the tenancy on multiple tenants even when they are month to month or even when they are on contract.
Not going to get into the Tenancy Act stuff but I've ended tenancy with all of my tenants due to them not paying rent on time and in full, retards destroyed the apartment, they literally punched holes in the walls, multiple disturbances and multiple complains from cops and last but not least, caught 3 tenants wanting to grow weed.

so yeah, you can kick a tenant out if they are month to month or even when they are still in the lease.

Sorry, I guess I should've put the common sense clause in. No you cannot end their lease or month to month tenancy unless they are a) breaking the tenancy agreement or b) breaking the law.