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02-27-2013, 11:08 AM
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#26 | | RS Veteran
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Originally Posted by Manic!  Guy can't pay rent, you think he has money for a lawyer? | can'y pay , or won't pay. different things
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02-27-2013, 12:37 PM
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#27 | | To me, there is the Internet and there is RS
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Originally Posted by BlueG2 can'y pay , or won't pay. different things | If he won't pay his rent you think he would pay a lawyer? and whats the lawyer going to do?
The Police will not do anything because this is a landlord tenant issue. He could file a claim with the RTB but that will cost him $50 and the hearing could be months away. The first thing they are going to ask for is a rental agreement.
Change the locks leave his stuff in there. The cops can't do anything. He can file with the RTB but that will mean he is without his stuff for at least a month. If he want's his stuff sooner tell him to bring a moving truck.
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02-28-2013, 12:56 PM
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#28 | | reads most threads with his pants around his ankles, especially in the Forced Induction forum.
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Why not say a relative is moving in or family member is moving. Have it viedo recorded and make him an agreement stating that.
I beleive when you have a relative moving in then they have to move unless there is a contract sign.
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02-28-2013, 05:04 PM
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#29 | | Banned By Establishment
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He does not need a lawyer to get compensation.
I have said it before and I'll say it again: Lawyers do not get involved in tenancy law.
Whether or not you think you have a rental contact with this tenant, you do. If you accept money for a space you are 'renting' without a tenancy agreement it is called for Use and Occupancy.
Same rules and guidelines apply. Your friend can not 'evict' for smoking....or change the locks...or throw his shit out...or even go into the tenants place without proper notice.
Your friend is going to have to suck it up. He dun fucked up. Now, he has to pay the consequence.
If your friend fucks up at all (changes locks, touches the tenant's shit, etc) all the tenant needs to do is go to the RTB and file a dispute resolution. He can be fined up to $5000. What happens if your friend chooses not to pay? All the tenant needs to do is go to small claims...pay $120. A judge will look at the case, see he has already won, and order your friends' wages to be garnished.
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03-06-2013, 11:09 AM
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#30 | | 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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Originally Posted by Gridlock He does not need a lawyer to get compensation.
I have said it before and I'll say it again: Lawyers do not get involved in tenancy law.
Whether or not you think you have a rental contact with this tenant, you do. If you accept money for a space you are 'renting' without a tenancy agreement it is called for Use and Occupancy.
Same rules and guidelines apply. Your friend can not 'evict' for smoking....or change the locks...or throw his shit out...or even go into the tenants place without proper notice.
Your friend is going to have to suck it up. He dun fucked up. Now, he has to pay the consequence.
If your friend fucks up at all (changes locks, touches the tenant's shit, etc) all the tenant needs to do is go to the RTB and file a dispute resolution. He can be fined up to $5000. What happens if your friend chooses not to pay? All the tenant needs to do is go to small claims...pay $120. A judge will look at the case, see he has already won, and order your friends' wages to be garnished. | What if his friend said a fmaily member is moving downstaris. I beleive that is allow even if the tenant don't want to move. The tenant have to move if that's case right?
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03-06-2013, 11:28 AM
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#31 | | RS Veteran
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Originally Posted by Mr.HappySilp What if his friend said a fmaily member is moving downstaris. I beleive that is allow even if the tenant don't want to move. The tenant have to move if that's case right? | google residential tenancy branch
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03-06-2013, 01:04 PM
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#32 | | Banned By Establishment
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Originally Posted by Mr.HappySilp What if his friend said a fmaily member is moving downstaris. I beleive that is allow even if the tenant don't want to move. The tenant have to move if that's case right? | Then your friend would have to give the tenant a 2-month eviction notice for "landlord's use of property".
The tenant can choose to leave after 1 month and receive the equivalent on one month's rent in compensation or stay the full 2 months with the last month being free.
The tenant CAN fight the eviction notice and your friend will need to prove that family, is in fact, moving to the rental unit.
Your friend will also need to give the notice properly (BEFORE the end of the month, not on the first)...this means that, at the earliest, the tenant will be asked to move by May 31st.
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03-06-2013, 11:20 PM
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#33 | | To me, there is the Internet and there is RS
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Originally Posted by Gridlock Then your friend would have to give the tenant a 2-month eviction notice for "landlord's use of property".
The tenant can choose to leave after 1 month and receive the equivalent on one month's rent in compensation or stay the full 2 months with the last month being free.
The tenant CAN fight the eviction notice and your friend will need to prove that family, is in fact, moving to the rental unit.
Your friend will also need to give the notice properly (BEFORE the end of the month, not on the first)...this means that, at the earliest, the tenant will be asked to move by May 31st. | Even with the notice he still may not leave.
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03-07-2013, 06:58 AM
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#34 | | I WANT MY 10 YEARS BACK FROM RS.net!
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I think OP's friend would be happy if the guy just stopped smoking in the house...
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03-07-2013, 08:21 AM
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#35 | | Banned By Establishment
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Here are your friend's options:
1.) Use a 2-month eviction notice and move family into the suite. He may take it and move....he may fight it. If your friend can prove family is moving in...he will have to move.
2.) Give him a 30-day eviction notice for reason: Threatening the health and Safety of neighbours (second-hand smoke). This is a crap-shoot...your friend may win....he may not. He may not even get past filling out the paperwork before being laughed out of the tenancy branch.
3.) Hope he fucks up. Stay on top of him for every thing....late on rent? 10-day order. Late on rent 3 times within 12 months? Evict. Loud? Letter. Damage? Letter. Start doing monthly inspections. Basically, collapse his existence. Make is uncomfortable...eventually he will leave.
4.) Suck it up. Your friend and his family will have a daily reminder that they made a terrible, uneducated decision. Use their time ACTUALLY reading the RTA and using it to their advantage when the tenant fucks up. They can also spend this time to practice filling out a tenancy agreement for their next tenant.
Never ever forget.....the shitty tenants always know the RTA like the back of their hand. They know their rights and will use them to fuck you.
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03-07-2013, 11:25 AM
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#36 | | I am Hook'd on RS
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If there is no contract then it is assumed to be a month to month basis and your friend can serve him with a 1 month eviction notice. The form can be found online. You can NOT throw his stuff out. You can NOT lock him out. It HAS to be one month notice.
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03-07-2013, 11:57 AM
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#37 | | Banned By Establishment
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Originally Posted by DarkVerses If there is no contract then it is assumed to be a month to month basis and your friend can serve him with a 1 month eviction notice. The form can be found online. You can NOT throw his stuff out. You can NOT lock him out. It HAS to be one month notice. | Regardless if a tenant is on a fix-term term or month to month lease, you still need to have reason to evict.
A landlord can NOT evict a tenant without reason.
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03-08-2013, 10:56 PM
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#38 | | The Lone Wanderator
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No better place than this thread for advice from y'alls, I suppose.
If one were to sign a one-year lease stipulating "lease may be renewed at the sole behest of the lessor", would you be able to force the tenant out at the end of the year? It's one of those things that's always mildly confused me. I mean, I know that one-year leases once they lapse and if there's no new lease signed turn into month-to-month, but what happens if you only want a suite or space occupied for a year and not longer? Can you use the lease to say "ok, you had your year, now get out."?
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03-09-2013, 08:45 AM
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#39 | | I told him no, what y'all do?
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Originally Posted by dinosaur Regardless if a tenant is on a fix-term term or month to month lease, you still need to have reason to evict.
A landlord can NOT evict a tenant without reason. | but letting a lease run out and choosing not to renew (thereby having the tenant to move out) does not constitute as eviction correct? b/c if i'm not mistaken the RTA has 1 line that states at end of the term if both parties agree you can
a) go to month to month
b) resign for another term
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03-09-2013, 08:45 AM
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#40 | | Banned By Establishment
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Yes. You can have a fixed-term lease that terminates at the end of the lease period.
This is what the section of our lease agreements look like: Attachment 16009
Last edited by dinosaur; 08-17-2013 at 06:33 PM.
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03-09-2013, 08:46 AM
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#41 | | Banned By Establishment
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Originally Posted by Graeme S No better place than this thread for advice from y'alls, I suppose.
If one were to sign a one-year lease stipulating "lease may be renewed at the sole behest of the lessor", would you be able to force the tenant out at the end of the year? It's one of those things that's always mildly confused me. I mean, I know that one-year leases once they lapse and if there's no new lease signed turn into month-to-month, but what happens if you only want a suite or space occupied for a year and not longer? Can you use the lease to say "ok, you had your year, now get out."? | Yes, you can put a term in play, and rent it for a year and a year only. You need to do that at the start, and on the tenancy branch lease, you have to initial that everyone understands the terms of the lease. You can't sneak it through.
I used it once. We liked her, and had doubts on the room mate, so I told them straight up, I'll go month to month after the year if everything works, but if not, I won't renew the lease.
At the end of that term, you don't need to buy them out, or compensate them. They move, you take your place back and you are done.
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03-09-2013, 08:51 AM
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#42 | | Banned By Establishment
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Originally Posted by GLOW but letting a lease run out and choosing not to renew (thereby having the tenant to move out) does not constitute as eviction correct? b/c if i'm not mistaken the RTA has 1 line that states at end of the term if both parties agree you can
a) go to month to month
b) resign for another term | If it is stated in the tenancy agreement that after a specific term, the tenant must move out, its fine. But, if it has not been previously discussed, documented, and signed on the lease is automatically considered a 'month-to-month' agreement by the branch and therefore, you can not evict without reason.
All these terms MUST be discussed upon signing and MUST be on the lease. As you can see from the attached above, there are really only two options.
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