REVscene - Vancouver Automotive Forum

Acura604 · 03-22-2012, 06:36 AM

long story short, i'd like to have my current tenant removed...no grounds for eviction..i just want to allocate the basement suite space for something else.

What is the proper way? i did some research and from what I can gather, you can give 2 months notice AND also NOT charge the tenant for 1 month of rent.

someone done this before?

murd0c · 03-22-2012, 06:41 AM

Say another family member is moving in and correct give them two months notice. Be nice about it and not a jerk and I'm sure you won't have any issues at all.

GLOW · 03-22-2012, 07:23 AM

wow 2 months?
what if the lease agreement specifies 1 month notice only, will that still hold up?

sonick · 03-22-2012, 07:26 AM

Quote:

Originally Posted by GLOW

wow 2 months?
what if the lease agreement specifies 1 month notice only, will that still hold up?

As far as I know, you cannot circumvent the basic Residential Tenancy Agreement terms even if it's specified in your lease agreement.

Gridlock · 03-22-2012, 08:36 AM

All of the above is correct.

Gridlock · 03-22-2012, 08:41 AM

Will add that they are not held to being there for 2 months if they find a new place early and you need to still compensate for the month's free rent. So if they move after 30 days, you cut them a check.

Edit to add: Yes, you can't have terms in your lease that nullify the RTA, as every dipshit landlord in this town would have a clause that says, "the RTA does not apply".

Splmash · 03-22-2012, 08:43 AM

Quote:

Originally Posted by sonick

As far as I know, you cannot circumvent the basic Residential Tenancy Agreement terms even if it's specified in your lease agreement.

The statutory minimum should always be guaranteed, even if you signed contract/rental agreement for a shorter eviction notice.

Residential Tenancy Act

unit · 03-22-2012, 08:45 AM

Quote:

Originally Posted by murd0c

Say another family member is moving in and correct give them two months notice. Be nice about it and not a jerk and I'm sure you won't have any issues at all.

to pull this off you also have to be sure that you havent done anything recently that would make them believe that you want them out for any other reasons. my ex did this and the tenants felt that the real reason they wanted to move in was to kick them out (which was true), and they took it up to the tenant board. was a massive PITA

Gridlock · 03-22-2012, 09:08 AM

Completely unrelated to the current issue, but undeserving of its own thread:

I am an advocate of a fair rental system in BC, and I fear that the balance is going to sway even further towards tenants rights at the expense of property owners.

And now we have this:

Global BC | City announces rent bank for vulnerable residents

Picture, you have a crap tenant and finally turn the screws on late payment of rent and the city swoops in and saves his ass on you.

I know that this is probably aimed at more SRO hotels and truly destitute renters but it certainly shows the feelings of local law makers.

It's cheaper to keep her.

Their goal is to keep tenants in their existing places as it keeps them out of city and provincially run AND FUNDED operations.

And there is another renoviction case getting some publicity. I'm counting down to when someone decides that this needs to end. I'm assuming sometime after an NDP victory.

Acura604 · 03-22-2012, 09:14 AM

well.. thanks all.. just sounds like a real PITA and perhaps not even worth the effort. I suppose i can just ride it out and hope they move out on their own accord. Its not a big deal...i just wanted to convert the 2bedroom suite to a 1bedroom so I can make use of an extra room. Secondly, the tenants are comprised of 3 people.. 2 adults and a child. The wife/child are home pretty much 24/7 and i've noticed the hydro bill going up every billing period initially by $100 and of course, at times there is no hot water left. Plan is to lower the rent for 1bdrm and get a single working tenant and/or have an agreement on shared utility cost.

dark0821 · 03-22-2012, 09:59 AM

Honestly just give them a notice and do it politely.... It's very unlikely the tenants will contact the RTA unless you are being super unreasonable or an ass to them in the past... It's a real pita for them to go thru the process as well... And I think in this case you have very little to lose...

Phil@rise · 03-22-2012, 10:13 AM

Quote:

Originally Posted by Acura604

well.. thanks all.. just sounds like a real PITA and perhaps not even worth the effort. I suppose i can just ride it out and hope they move out on their own accord. Its not a big deal...i just wanted to convert the 2bedroom suite to a 1bedroom so I can make use of an extra room. Secondly, the tenants are comprised of 3 people.. 2 adults and a child. The wife/child are home pretty much 24/7 and i've noticed the hydro bill going up every billing period initially by $100 and of course, at times there is no hot water left. Plan is to lower the rent for 1bdrm and get a single working tenant and/or have an agreement on shared utility cost.

How long they been there? Raise their rent or utilities percentage if its possible. That might be less complicated.

Manic! · 03-22-2012, 10:50 AM

Quote:

Originally Posted by Phil@rise

How long they been there? Raise their rent or utilities percentage if its possible. That might be less complicated.

You can only raise it a few percent each year. The amount is set by the government.

Berzerker · 03-22-2012, 10:58 AM

This is what I would do in your situation....

Walk up to the person... and..... say.....

Spoiler!

Berz out.

GLOW · 03-22-2012, 12:29 PM

Quote:

Originally Posted by Gridlock

Edit to add: Yes, you can't have terms in your lease that nullify the RTA, as every dipshit landlord in this town would have a clause that says, "the RTA does not apply".

what if you do not intend to renew the contract with them and it expires, do you have to notify them ahead of time in writing that you do not intend to renew & when to expect them to be gone?

i would imagine not renewing and them having to leave at end of lease would be the easiest way to get a tenant out, and giving x days notice is just a courtesy?

sonick · 03-22-2012, 12:32 PM

Ya if you want them to leave right at the end of the lease you still gotta notify them 2 months in advance (so if 12 month lease gotta notify at month 10)

Acura604 · 03-22-2012, 12:35 PM

on our tenancy agreement, they signed a 6 month commitment and chose the option of going 'month to month' after the term. They signed up effective Dec 1st 2011. So..their 6months is done at end of May...therefore, when they come to my door to pay the April Rent..i should mention it to them that their 6 month commitment is coming to an end and that we will not be renewing since the suite will be, lets say, integrated into the main home.

GLOW · 03-22-2012, 12:38 PM

Quote:

Originally Posted by sonick

Ya if you want them to leave right at the end of the lease you still gotta notify them 2 months in advance (so if 12 month lease gotta notify at month 10)

so if you signed a 2 month or 3 month term you pretty much have to notify them right at the start you already want them out?

dinosaur · 03-22-2012, 12:43 PM

OP:

It is really not that complicated. You can print the RTB form right off their website and "tick" eviction based on landlord's use of property. You give it to them BEFORE the end of the month (there are instructions on the back) and have a nice conversation with the tenants. Explain what you are doing and explain their options.

1- The have 2 months to move can can stay for those 2 months. The are compensated with having the last month FREE!
2- The can stay for 1 month and move. As they hand over their keys, you hand them a cheque for one months rent.

It is fairly straight forward and you have a legitimate reason. Be nice about it and let them understand that it is their choice. This is better than pricing them out and doing other sinister actions which could result in arbitration cases, damage to property or any thing else tenants like to pull. This situation happens quite often and the 2 month notices are issued for renovations, family moving in, or the property they are living in sells. It is pretty cut and dry.

GLOW:

It depends on what they signed when they first moved in. Was it the RTA printed from the RTB website? What box was ticked regarding the lease? Is it a fixed term that is re-assessed after a specific term or did you tick it to default to a month to month agreement after the fixed term?

It is NOT typical to have a "fixed then re-assess" tenancy here. The typical RTA is a 1 year lease that becomes month-to-month when that year has ended.

Strict fixed term leases are usually used in situations like homestays, sub-leasing, home exchanges (when traveling), etc.

sonick · 03-22-2012, 12:46 PM

Quote:

Originally Posted by Acura604

on our tenancy agreement, they signed a 6 month commitment and chose the option of going 'month to month' after the term. They signed up effective Dec 1st 2011. So..their 6months is done at end of May...therefore, when they come to my door to pay the April Rent..i should mention it to them that their 6 month commitment is coming to an end and that we will not be renewing since the suite will be, lets say, integrated into the main home.

You COULD just mention it to them, but officially:

52 In order to be effective, a notice to end a tenancy must be in writing and must

(a) be signed and dated by the landlord or tenant giving the notice,

(b) give the address of the rental unit,

(c) state the effective date of the notice,

(d) except for a notice under section 45 (1) or (2) [tenant's notice], state the grounds for ending the tenancy, and

(e) when given by a landlord, be in the approved form.

dinosaur · 03-22-2012, 12:47 PM

Quote:

Originally Posted by Acura604

on our tenancy agreement, they signed a 6 month commitment and chose the option of going 'month to month' after the term. They signed up effective Dec 1st 2011. So..their 6months is done at end of May...therefore, when they come to my door to pay the April Rent..i should mention it to them that their 6 month commitment is coming to an end and that we will not be renewing since the suite will be, lets say, integrated into the main home.

You can not do that.

You chose the month-to-month option after the 6 month lease and that is binding.

What that "month-to-month" now means, is that they only have to give you 30 days notice now. When they were under the 6 month contract, if they broke it and left, they would have owed you up to 6 months in rent. Now if they fuck off....its only 1.

GLOW · 03-22-2012, 12:52 PM

Quote:

Originally Posted by dinosaur

GLOW:

It depends on what they signed when they first moved in. Was it the RTA printed from the RTB website? What box was ticked regarding the lease? Is it a fixed term that is re-assessed after a specific term or did you tick it to default to a month to month agreement after the fixed term?

RTA from the RTB with additional clauses by the landlord. Fixed term that is re-assessed, with the intent to re-sign a new lease agreement but just change the dates if both parties agree.

dinosaur · 03-22-2012, 01:04 PM

Quote:

Originally Posted by GLOW

RTA from the RTB with additional clauses by the landlord. Fixed term that is re-assessed, with the intent to re-sign a new lease agreement but just change the dates if both parties agree.

Do you have the paper work? If you PM me, I can take a look at it and see what exactly was signed.

GLOW · 03-22-2012, 02:14 PM

not offhand.
it was more out of curiosity, thanks for the offer though.

miss_crayon · 03-22-2012, 03:13 PM

Landlord has to give 2 full months notice to tenant LATEST by 12:00AM last day of the month. Notice has to be posted/given 3 days in advance to give tenant ample time to have it deemed received and read. GIVEN, this is a Month to month tenancy. If you're in a fixed lease of say..a year you have to wait for it end before moving in.

Example, lease ends June 30, earliest possession is July 1. Notice has to be given April 30.

Landlord still has to give 1 month free though..I think. This is the only part I'm unsure.

HOWEVER,

if the tenant decides to leave earlier, the 1 month rent free is void.

Landlord can only evict a tenant in the case of their own (or relative) use, anything else will be gone through RTO. Also, The property can't be put up for rent/sale for a minimum of 6 months.