Vancouver Off-Topic / Current Events The off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum. |  | |
03-22-2012, 06:36 AM
|
#1 | RS has made me the bitter person i am today!
Join Date: Apr 2001 Location: Vancouver
Posts: 4,807
Thanked 2,993 Times in 780 Posts
Failed 372 Times in 98 Posts
| WHAT is the legal way to notify a tenant that they have to move?
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?
|
| |
03-22-2012, 06:41 AM
|
#2 | In RS I Trust
Join Date: Mar 2003 Location: Mission
Posts: 20,778
Thanked 17,661 Times in 4,345 Posts
Failed 1,037 Times in 352 Posts
|
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.
|
| |
03-22-2012, 07:23 AM
|
#3 | I told him no, what y'all do?
Join Date: Aug 2006 Location: Vancouver
Posts: 10,378
Thanked 6,161 Times in 2,697 Posts
Failed 108 Times in 70 Posts
|
wow 2 months?
what if the lease agreement specifies 1 month notice only, will that still hold up?
__________________ Feedback http://www.revscene.net/forums/showthread.php?t=611711 Quote: Greenstoner 1 rat shit ruins the whole congee originalhypa You cannot live the life of a whore and expect a monument to your chastity | Quote:
[22-12, 08:51]mellomandidnt think and went in straight..scrapped like a bitch
[17-09, 12:07]FastAnna glowjob
[17-09, 12:08]FastAnna I like dat
| |
| |
03-22-2012, 07:26 AM
|
#4 | RS.net, helping ugly ppl have sex since 2001
Join Date: Oct 2005 Location: Revscene
Posts: 9,907
Thanked 8,095 Times in 2,727 Posts
Failed 437 Times in 129 Posts
| 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.
__________________ Quote:
Originally Posted by skyxx Sonick is a genius. I won't go into detail what's so great about his post. But it's damn good! | 2010 Toyota Rav4 Limited V6 - Wifey's Daily Driver
2009 BMW 128i - Daily Driver
2007 Toyota Rav4 Sport V6 - Sold
1999 Mazda Miata - Sold
2003 Mazda Protege5 - Sold
1987 BMW 325is - Sold
1990 Mazda Miata - Sold 100% Buy and Sell Feedback |
| |
03-22-2012, 08:36 AM
|
#5 | Banned By Establishment
Join Date: Dec 2003 Location: New West
Posts: 3,998
Thanked 2,982 Times in 1,135 Posts
Failed 284 Times in 109 Posts
|
All of the above is correct.
|
| |
03-22-2012, 08:41 AM
|
#6 | Banned By Establishment
Join Date: Dec 2003 Location: New West
Posts: 3,998
Thanked 2,982 Times in 1,135 Posts
Failed 284 Times in 109 Posts
|
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".
|
| |
03-22-2012, 08:43 AM
|
#7 | Diagonally parked in a parallel universe
Join Date: Oct 2006 Location: Vancouver
Posts: 1,409
Thanked 642 Times in 232 Posts
Failed 56 Times in 19 Posts
| 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
__________________ i bleed indigo. |
| |
03-22-2012, 08:45 AM
|
#8 | SFICC-03*
Join Date: Mar 2002 Location: richmond
Posts: 8,903
Thanked 3,540 Times in 1,391 Posts
Failed 164 Times in 85 Posts
| 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
|
| |
03-22-2012, 09:08 AM
|
#9 | Banned By Establishment
Join Date: Dec 2003 Location: New West
Posts: 3,998
Thanked 2,982 Times in 1,135 Posts
Failed 284 Times in 109 Posts
|
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.
|
| |
03-22-2012, 09:14 AM
|
#10 | RS has made me the bitter person i am today!
Join Date: Apr 2001 Location: Vancouver
Posts: 4,807
Thanked 2,993 Times in 780 Posts
Failed 372 Times in 98 Posts
|
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.
|
| |
03-22-2012, 09:59 AM
|
#11 | Rs has made me the man i am today!
Join Date: Oct 2008 Location: Van604
Posts: 3,108
Thanked 2,515 Times in 713 Posts
Failed 100 Times in 42 Posts
|
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...
__________________ Proud member of GRAPE Great Revscene Action Photographers Enthusiasts
AE101 Rolla 96' //Sold
RPS13 240SX 90' //STOLEN
RMS13 240SX 91' //Scrapped
RHS13 240SX 90' //Scrapped
S35 Rogue 12' //Gifted to Parents
GD 6MT Elantra 13' //Sold
CZ4A 5MT GSR Evo 08' // Totalled
Ioniq DCT 19' //Traded in
NA MX-5 5MT 97' // Sold
Prius Prime 21' //Traded in
Tesla Model 3 RWD DD
GSX-R 600 K5' Mental Therapy
Prius Prime 24' New Kids Carrier
|
| |
03-22-2012, 10:13 AM
|
#12 | I contribute to threads in the offtopic forum
Join Date: Oct 2009 Location: richmond
Posts: 2,837
Thanked 1,490 Times in 570 Posts
Failed 172 Times in 64 Posts
| 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.
__________________ Rise Auto Salon
11938 95a Ave Delta
I can be reached VIA text @ 778-232-1465 Oil change special $70 5 liters synthetic oil including OEM filter Fender rolling from $45 per fender Car Audio:
Focal, Morel, Genesis, Clarion, Scosche, Escort, Compustar, GReddy, Blitz, Tomei, Motul, Endless, Defi, Cusco, Nismo + More
We specialize in:
Custom Car Audio
Race/4x4 Fabrication
Forced Induction
Engine Swaps
General Maintenance |
| |
03-22-2012, 10:50 AM
|
#13 | To me, there is the Internet and there is RS
Join Date: Apr 2004 Location: Nanaimo
Posts: 17,088
Thanked 8,135 Times in 3,818 Posts
Failed 1,514 Times in 651 Posts
| 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.
__________________ Until the lions have their own historians, the history of the hunt will always glorify the hunter. |
| |
03-22-2012, 10:58 AM
|
#14 | Ricer Mod
Join Date: Mar 2005 Location: Smithers
Posts: 7,008
Thanked 5,276 Times in 1,501 Posts
Failed 214 Times in 74 Posts
|
This is what I would do in your situation....
Walk up to the person... and..... say.....
Berz out.
__________________
President of RS Beat Down Crew
|
| |
03-22-2012, 12:29 PM
|
#15 | I told him no, what y'all do?
Join Date: Aug 2006 Location: Vancouver
Posts: 10,378
Thanked 6,161 Times in 2,697 Posts
Failed 108 Times in 70 Posts
| 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?
__________________ Feedback http://www.revscene.net/forums/showthread.php?t=611711 Quote: Greenstoner 1 rat shit ruins the whole congee originalhypa You cannot live the life of a whore and expect a monument to your chastity | Quote:
[22-12, 08:51]mellomandidnt think and went in straight..scrapped like a bitch
[17-09, 12:07]FastAnna glowjob
[17-09, 12:08]FastAnna I like dat
| |
| |
03-22-2012, 12:32 PM
|
#16 | RS.net, helping ugly ppl have sex since 2001
Join Date: Oct 2005 Location: Revscene
Posts: 9,907
Thanked 8,095 Times in 2,727 Posts
Failed 437 Times in 129 Posts
|
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)
__________________ Quote:
Originally Posted by skyxx Sonick is a genius. I won't go into detail what's so great about his post. But it's damn good! | 2010 Toyota Rav4 Limited V6 - Wifey's Daily Driver
2009 BMW 128i - Daily Driver
2007 Toyota Rav4 Sport V6 - Sold
1999 Mazda Miata - Sold
2003 Mazda Protege5 - Sold
1987 BMW 325is - Sold
1990 Mazda Miata - Sold 100% Buy and Sell Feedback |
| |
03-22-2012, 12:35 PM
|
#17 | RS has made me the bitter person i am today!
Join Date: Apr 2001 Location: Vancouver
Posts: 4,807
Thanked 2,993 Times in 780 Posts
Failed 372 Times in 98 Posts
|
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.
|
| |
03-22-2012, 12:38 PM
|
#18 | I told him no, what y'all do?
Join Date: Aug 2006 Location: Vancouver
Posts: 10,378
Thanked 6,161 Times in 2,697 Posts
Failed 108 Times in 70 Posts
| 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?
__________________ Feedback http://www.revscene.net/forums/showthread.php?t=611711 Quote: Greenstoner 1 rat shit ruins the whole congee originalhypa You cannot live the life of a whore and expect a monument to your chastity | Quote:
[22-12, 08:51]mellomandidnt think and went in straight..scrapped like a bitch
[17-09, 12:07]FastAnna glowjob
[17-09, 12:08]FastAnna I like dat
| |
| |
03-22-2012, 12:43 PM
|
#19 | Banned By Establishment
Join Date: Feb 2009 Location: bedroom
Posts: 3,112
Thanked 3,492 Times in 1,176 Posts
Failed 441 Times in 145 Posts
| 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.
|
| |
03-22-2012, 12:46 PM
|
#20 | RS.net, helping ugly ppl have sex since 2001
Join Date: Oct 2005 Location: Revscene
Posts: 9,907
Thanked 8,095 Times in 2,727 Posts
Failed 437 Times in 129 Posts
| 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.
__________________ Quote:
Originally Posted by skyxx Sonick is a genius. I won't go into detail what's so great about his post. But it's damn good! | 2010 Toyota Rav4 Limited V6 - Wifey's Daily Driver
2009 BMW 128i - Daily Driver
2007 Toyota Rav4 Sport V6 - Sold
1999 Mazda Miata - Sold
2003 Mazda Protege5 - Sold
1987 BMW 325is - Sold
1990 Mazda Miata - Sold 100% Buy and Sell Feedback |
| |
03-22-2012, 12:47 PM
|
#21 | Banned By Establishment
Join Date: Feb 2009 Location: bedroom
Posts: 3,112
Thanked 3,492 Times in 1,176 Posts
Failed 441 Times in 145 Posts
| 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.
|
| |
03-22-2012, 12:52 PM
|
#22 | I told him no, what y'all do?
Join Date: Aug 2006 Location: Vancouver
Posts: 10,378
Thanked 6,161 Times in 2,697 Posts
Failed 108 Times in 70 Posts
| 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.
__________________ Feedback http://www.revscene.net/forums/showthread.php?t=611711 Quote: Greenstoner 1 rat shit ruins the whole congee originalhypa You cannot live the life of a whore and expect a monument to your chastity | Quote:
[22-12, 08:51]mellomandidnt think and went in straight..scrapped like a bitch
[17-09, 12:07]FastAnna glowjob
[17-09, 12:08]FastAnna I like dat
| |
| |
03-22-2012, 01:04 PM
|
#23 | Banned By Establishment
Join Date: Feb 2009 Location: bedroom
Posts: 3,112
Thanked 3,492 Times in 1,176 Posts
Failed 441 Times in 145 Posts
| 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.
|
| |
03-22-2012, 02:14 PM
|
#24 | I told him no, what y'all do?
Join Date: Aug 2006 Location: Vancouver
Posts: 10,378
Thanked 6,161 Times in 2,697 Posts
Failed 108 Times in 70 Posts
|
not offhand.
it was more out of curiosity, thanks for the offer though.
__________________ Feedback http://www.revscene.net/forums/showthread.php?t=611711 Quote: Greenstoner 1 rat shit ruins the whole congee originalhypa You cannot live the life of a whore and expect a monument to your chastity | Quote:
[22-12, 08:51]mellomandidnt think and went in straight..scrapped like a bitch
[17-09, 12:07]FastAnna glowjob
[17-09, 12:08]FastAnna I like dat
| |
| |
03-22-2012, 03:13 PM
|
#25 | Director of RS Cares
Join Date: Sep 2005 Location: Crayon Box
Posts: 5,175
Thanked 605 Times in 282 Posts
Failed 107 Times in 22 Posts
|
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.
__________________  tiptronic: getting cut off by bicycles since 2007
|
| |  | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT -8. The time now is 03:08 PM. |