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08-04-2010, 01:28 AM
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#26 | | Banned (ABWS)
Join Date: Oct 2006 Location: MacLeod
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Originally Posted by SpuGen  Funny thing about the Rent increase. We actually bumped it by $50 just to recoup the losses from the last tenant, whose girlfriend hiked up the ultilities cost for a year. But goddamn was she hot. | lol.. she got facebook? 
yup.. probably bump it up for another $50 to slowly make up the loss? Plus everything is costing more now a day, and so should rent.
I dunno why I got fails even though the OP admitted using this idea previously.
haters gonna hate
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08-04-2010, 02:30 AM
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#27 | | Banned By Establishment
Join Date: Mar 2006 Location: Richmond
Posts: 12,484
Thanked 2,091 Times in 773 Posts
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where is your place? pm me with details.
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08-04-2010, 07:38 AM
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#28 | | RS Veteran
Join Date: Nov 2001 Location: An Island
Posts: 14,400
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Some interesting info in here. Clearly your tenant owes you for July and August or at least until you find a new tenant. I am not sure it will be worth your time and energy to recoup the rent but that is up to you.
I am quite new to being a landlord (6 months) so I am still learning. I didn't know you had to file with the RTB to keep a tenant's security deposit. I had my tenant sign an RTA and received a 50% of the rent deposit prior to allowing them to move in. It also contains the requirements to receive the deposit back. It is a month to month lease which can be terminated any time with one month notice.
They have been 3-4 days late the last 3 months so I have to constantly remind him the rent is due. It is quite frustrating but I don't think there is a lot I can do. I had a previous landlord do a 6 month lease with post 6 post dated cheques. I think that was a great strategy to ensure that rent is paid on time. So long as the tenant has the money in their account!
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08-04-2010, 08:12 AM
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#29 | | Hyde's Understudy
Join Date: May 2001 Location: Vancouver
Posts: 6,001
Thanked 436 Times in 226 Posts
Failed 636 Times in 120 Posts
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pics of the last tenants gf??
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08-04-2010, 08:26 AM
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#30 | | Rider
Join Date: Apr 2010 Location: Surrey
Posts: 3,269
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is there any dmg to the place? i say just learn from it and always be cautious of who you rent to and make them sign a contract before moving in
+pics of gf =]
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08-04-2010, 09:37 AM
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#31 | | Banned By Establishment
Join Date: Dec 2003 Location: New West
Posts: 3,998
Thanked 2,982 Times in 1,135 Posts
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OK-OP, what exactly do you have for paperwork? Because as I read it, you don't have a signed lease, and you don't have a security deposit, which means he wasn't a tenant, he was a squatter. Am I wrong? If you were to go to the RTA, do you have anything indisputable that he lived there, and has a financial obligation to you?
AME_VIP-yeah, we learned that the hard way with our townhouse. If, when you are doing the walkthrough and there is damage and its not clean, and they agree that yeah, we owe you money, and sign off, then its not a problem. When they don't agree, you MUST go to the Tenancy branch within 15 days, pay $50 to file and submit to keep the deposit. The Branch then sends them a letter stating your intentions and gives them an option to dispute, and then off you go, you are going to have a hearing.
My advice is to avoid it at all costs. Use your knowledge against them. Let's say you have a deposit of $400 on the place, and you want $200 to cover damage and cleaning. Tell them you can get $200 in 2 weeks, or possibly $300 after dispute resolution in 2 months, but that you will go for keeping the whole thing. Most are going to get pissed off, but go with it.
My advice to anyone in the rental game, especially with just one or 2 investment props is don't set it and forget it!
Fuck, I have seen people get burned, been burned and heard of people being burned. It's a business, get off your ass and handle it that way. Be around. You are allowed to do monthly inspections. It's annoying, but if you are at all worried whats happening in the unit, then do it. We've all had to rent to a less preferred tenant to make sure the payments continue. Keep an eye on them.
The first thing it does is remind them that they are being watched. The thing the shitty tenants want the most is to be left alone. Trust me, they'll move and you'll be left with $500 damage instead of $2500 after a couple years.
Be a prick! If there are damages, tell them straight to their face that this is unacceptable. That's a personal lesson. It's really uncomfortable to do, but you can't let it slide. It's your house! They are trashing your house.
Don't let money back up. Look at the situations in this thread...back rent is due, and no security deposits. Why do you think he put off paying the deposit...he knew that was part 1 of 2, and if you aren't going to pay rent, it doesn't make sense to pay a deposit. First indicator.
Here are the rules I work with, and they have done me well.
Security deposit when they say they want to take the place, and sign the lease. Done. Pet deposit at that time if applicable. By this point, I have already done references and credit check. They are as clean as I can tell. A note on this, I don't like when they have a roll of cash when they are looking at the apartment. They will tell you, I will sign right now. That locks them in. If you take that money and say sweet, rented! Then do a credit check and of course its horrible-its too late, they are with you for a year, or more.
Rent due when they move in.
Late Rent:
It's due on the first. On the second, I slide a friendly, but firm reminder under their door that rent is past due.
On the third, they get an RTA 30-the 10 day pay to stay notice. I think it says you have 5 days to pay, or out in 10. That pisses people off like you wouldn't believe. But, while they are pissed off, they have their rent in hand.
I don't chase people down, and I don't go knocking on doors. I'm too busy. Everyone has a calendar and knows how the system works.
Holy, I went way further than expected, but I hate hearing about people getting screwed through renting.
Hope this helps.
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08-04-2010, 09:38 AM
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#32 | | I don't get it
Join Date: Jul 2010 Location: vancouver
Posts: 422
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Not worth it. Be lucky he didn't trash the place.
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08-04-2010, 10:20 AM
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#33 | | To me, there is the Internet and there is RS
Join Date: Jan 2002 Location: Delta
Posts: 15,911
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One piece of advice for next time.
Until you get the damage deposit you keep showing the place to other people. Once you get the damage deposit then you get them to sign the paperwork.
AFTER all of this is done you collect first months rent and hand them the keys.
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08-04-2010, 12:14 PM
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#34 | | Banned By Establishment
Join Date: Feb 2009 Location: bedroom
Posts: 3,112
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If he claims that he did not actually sign it on June 2nd, it is your word against his.
HE did sign it with it being dated June 2nd. So in all honestly, you can lie and say it was sign on June 2nd. You will not get fined or anything, you will just lose the 50 bucks and the amount you are "suing" him for if the branch rules in his failure.
This does go without saying, but dude...in the future, you need to get the security deposit prior to him moving in. Always. It is the only thing you have to validate the tenant. This needs to be like a business. Forms signed, deposit, condition report, first months rent, etc...all your ducks need to be in a row before they get the keys. Don't get emotionally involved...tenants like this can smell ya out. I bet the previous tenant knew you thought she was "hot" and therefor, knew she could get away with it.
Same with this guy...he can give you whatever song and dance he wants (sick mother), but at the end of the day you need to decide whether you want to be taken atvantage of or not. It is not your fault or problem that his mom is sick. Much like it was not my problem when tenants come to me and tell me they lost their job, are sick, etc...Everyone is responsible for their obligations. End of story!
Shit happens in all of our lives, but at the end of the day you have people who use it to their advantage or act responsibly.
What I would do: Try you hardest to get his address or bro's address. Call his work, brother, google him, telus reverse phone look-up, etc. Get your RTA. Fill it all out. Write "pending" in the security deposit section. Make sure he has signed where he needs to....and make sure it is all dated for June 2nd. Go to the RTB and file a non-paying renter arbitration case against him. Claim that he signed it on June 2nd. He can say he didn't all he want, but the fact is, he signed it. Lie through your teeth dude.
When you get to the branch to do thee paper work, they will have you meet with an info clerk. Tell them your story. Tell them you met, he signed, said he was going to give you the deposit, didn't. Paid the first months rent, and the was MIA. Tell them you attempted contact with him but you couldn't find him. He shows up, you ask for money, he says he doesn't have it and proceeds to move his shit out on Aug 3rd.
Monetary claim:
-Security deposit.
-July Rent
-August Rent
-$50 filing fee.
They will give you are form that they will help you fill out. You must send it registered mail to him or if can be physically served to him (like at work or something...or even as he is coming out of the hospital after visiting his mom).
He can file back if he wants (he doesnt have a case)
You will receive a date for your arbitration hearing (teleconference).
You must submit your evidence 10 business days prior to the hearing date. Submit your RTA and proof that he was served as evidence. If you have any emails or voice mails where he says he will pay or acknowledges that he hasn't paid, submit those as well.
During the hearing, claimed he signed on the 2nd, paid June rent, and never paid anything else. Also, claim that he did not give one-month notice to vacate and therefor is responsible for August rent as well.
BEST CASE:
You win. You get July rent, August rent, and your 50$ filing fee, rent it for Sept 1, go on your merry way.
WORST CASE:
You lose. You lose you $50 filing fee and are out the rent and he walks away- attempt to rent for Aug 15 so you are only out 6 weeks of rent. Expensive lesson to learn, but be fucking hitler next time you rent to someone. Play by all the rules so when they fuck you, you fuck them harder.
Honestly, I think you have a good case if you claim he signed on the 2nd. You have proof...he doesn't. Whatever he says, deny deny deny. June 2nd it was. His character already looks poor b/c he didn't pay rent. At the hearing, keep it simple....he came, he signed, he didnt pay, he left. He will get emotion and use excuses and bury himself.
Like I said before, if it was me...I'd take it all the way. You are already out the rent as of right now....what another $50 to lose.
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08-04-2010, 12:23 PM
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#35 | | Banned By Establishment
Join Date: Feb 2009 Location: bedroom
Posts: 3,112
Thanked 3,492 Times in 1,176 Posts
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| Quote:
Originally Posted by AME_VIP Some interesting info in here. Clearly your tenant owes you for July and August or at least until you find a new tenant. I am not sure it will be worth your time and energy to recoup the rent but that is up to you.
I am quite new to being a landlord (6 months) so I am still learning. I didn't know you had to file with the RTB to keep a tenant's security deposit. I had my tenant sign an RTA and received a 50% of the rent deposit prior to allowing them to move in. It also contains the requirements to receive the deposit back. It is a month to month lease which can be terminated any time with one month notice.
They have been 3-4 days late the last 3 months so I have to constantly remind him the rent is due. It is quite frustrating but I don't think there is a lot I can do. I had a previous landlord do a 6 month lease with post 6 post dated cheques. I think that was a great strategy to ensure that rent is paid on time. So long as the tenant has the money in their account! | If a tenant has been late 3 or more times with in a reasonable time period (on year), you can issue a 30-day eviction notice based on late payment of rent. No questions asked.
However, I would recommend doing to 10-day pay to stay notices OR at least, have three warning letters stating that if they are late another ___ times or whatever, they will be issued a 30-day eviction notice without warning.
I guarantee that they will magically being paying rent on time next month.
The 1st comes the same time every month people!
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08-04-2010, 01:00 PM
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#36 | | RS Veteran
Join Date: Nov 2001 Location: An Island
Posts: 14,400
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Great info thanks Dinosaur! I have a lot to learn still. 10-day pay to stay would be best because beside late payment he is an excellent tenant.
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08-04-2010, 01:22 PM
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#37 | | Banned By Establishment
Join Date: Feb 2009 Location: bedroom
Posts: 3,112
Thanked 3,492 Times in 1,176 Posts
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| Quote:
Originally Posted by AME_VIP Great info thanks Dinosaur! I have a lot to learn still. 10-day pay to stay would be best because beside late payment he is an excellent tenant. | Yeah....sounds like he just needs a kick in the ass. As Gridlock said above...we came down hard on a few tenants and have not had a problem since.
The saying "give an inch, they'll take a mile" has never applied so much in my life until I started dealing with tenants.
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08-04-2010, 01:40 PM
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#38 | | I'll be good I promise.
Join Date: Oct 2009 Location: North Korea
Posts: 1,936
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Tell him you'll make him a deal, keep his girlfriend and let the rent slide.
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08-04-2010, 08:21 PM
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#39 | | 14 dolla balla aint got nothing on me!
Join Date: Sep 2003 Location: Vancouver
Posts: 620
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As some others as stated, chalk this up as a life lesson and be glad they are gone with minimum fuss. I don't think its worth the stress to collect.
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08-04-2010, 09:59 PM
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#40 | | reads most threads with his pants around his ankles, especially in the Forced Induction forum.
Join Date: Mar 2004 Location: Vancouver
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Had something like that happen to me in the begging of this year. Rented out my apartment and everything went well for the first month.
2nd month the cheque bonuce so I call her up. Her phone always goes to Voice Mail, so I call her office and they said she no longer works there.
Went to the apartment and lock on the doors several times a day for a few days. Then what I did is call the police explain to them what happen and let them know The renter haven't shown up for work at all, Phone went to Voice mail and it seems she is never home at all. Let the police know she might be in danger or something might happen to her. So I went to the apartment with the police, they knock on the doors a few times with no one to answer sot they tole me to open the apartment which I did. BAM she was in there the whole time.
Anyways, after that she move out peacefully the next week. I lost 2 months of rent but hey at least nothing is damage. So I guess if the tentate is playing this cat and mouse game where they never pick up their phone and when ever u go to their house no one asnwer and lights are off all thet ime you might be able to get the police to pay them a visit. The police won't deal with this stuff be at least they know you are onto them and you will use your rescourse to get them out of your property.
Also I believe there is a new form out in Jan which does help landlord to push tentates out of the unit faster(I think it shortens the process to one to two weeks).
But yea there is always a risk to rent.
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08-04-2010, 10:40 PM
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#41 | | Rs has made me the woman i am today!
Join Date: Mar 2004 Location: Vancouver
Posts: 4,310
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IIRC if a tenant doesn't notify you and you dont see them for 3 days you are allowed to box up all their belongings put it in storage and file abandonment.
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08-04-2010, 11:31 PM
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#42 | | The sound of inevitability
Join Date: Apr 2004 Location: Lindenhurst
Posts: 6,469
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| Quote:
Originally Posted by penner2k One piece of advice for next time.
Until you get the damage deposit you keep showing the place to other people. Once you get the damage deposit then you get them to sign the paperwork.
AFTER all of this is done you collect first months rent and hand them the keys. | one question, is that you in that avatar?
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mixed girls that look predominatly asian with subtle caucasian features=what i'd give my left nut for
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08-05-2010, 07:42 AM
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#43 | | Rs has made me the woman i am today!
Join Date: Jan 2002 Location: ?
Posts: 4,331
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i have to deal with RTO a lot. if you can avoid dealing with them and just come to some type of understanding with tenant it is your best bet. they tend to favor tenants.
threatening tenants is also a bad idea!! they will mess up your house. trying to sue them is a pain in the ass, and trying to get paid after winning the settlement isn't any easier!
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08-05-2010, 08:19 AM
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#44 | | Willing to sell body for a few minutes on RS
Join Date: Mar 2002 Location: Victoria
Posts: 10,746
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| Quote:
Originally Posted by Death2Theft IIRC if a tenant doesn't notify you and you dont see them for 3 days you are allowed to box up all their belongings put it in storage and file abandonment. | Incorrect: Abandonment of personal property
24 (1) A landlord may consider that a tenant has abandoned personal property if
(a) the tenant leaves the personal property on residential property that he or she has vacated after the tenancy agreement has ended, or
(b) subject to subsection (2), the tenant leaves the personal property on residential property (i) that, for a continuous period of one month, the tenant has not ordinarily occupied and for which he or she has not paid rent, or
3 Days would make absolutely no sense, especially if the rent is paid.
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08-05-2010, 04:14 PM
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#45 | | They let me be a moderator. LOL
Join Date: Oct 2004 Location: Vancouver
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Do I have a time limit to file for the thing to get my money back?
Mom's feeling nice.. wants to give him 2 weeks in case he decides to get mad and trashes the property.
I want to do it asap.
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08-05-2010, 04:38 PM
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#46 | | Willing to sell body for a few minutes on RS
Join Date: Mar 2002 Location: Victoria
Posts: 10,746
Thanked 5,295 Times in 1,950 Posts
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I thought you said he moved all his stuff out...
He has abandoned the tenancy, you don't have to let him back in, so I don't know why you'd be worried about him trashing the property...
__________________
1968 Mustang Coupe
2008.5 Mazdaspeed 3
1997 GMC Sonoma ZR2
2014 F150 5.0L XTR 4x4
A vehicle for all occasions
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08-05-2010, 07:11 PM
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#47 | | They let me be a moderator. LOL
Join Date: Oct 2004 Location: Vancouver
Posts: 9,221
Thanked 3,674 Times in 869 Posts
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| Quote:
Originally Posted by Great68 I thought you said he moved all his stuff out...
He has abandoned the tenancy, you don't have to let him back in, so I don't know why you'd be worried about him trashing the property... | I'm not worried about the suite.
Locks have been changed.
It's the rest of the house shes worried about.
Windows/Cars/etc.
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08-05-2010, 07:41 PM
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#48 | | I STILL don't get it
Join Date: Feb 2010 Location: Vancouver
Posts: 485
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yeah since I read that you pretty much don't really have any paperwork on him, I'm going to agree with what most people here have been saying and take this as a life lesson, This happened to my parents before too but our tenant was even more horror story, not only did he not pay the last months rent, he wanted his deposit back. I got pissed off and made a couple threats to him afterward and he just ended up fucking up some of the furniture and a window and leaving in the middle of the night lol. So ya don't make the same mistake as me
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08-05-2010, 09:20 PM
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#49 | | Banned By Establishment
Join Date: Feb 2009 Location: bedroom
Posts: 3,112
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there is no official time limit, but the sooner the better.
it will take a while for the hearing to happen and in a all reality, if he pays by then, you can withdraw you case.
i say file now while it is all still fresh in your mind. if he damages anything, you can just add it to the case and he'll really be fucked.
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