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Old 03-23-2020, 04:25 PM   #1
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Landlord Questions

Hey guys,

I know a few of you are pretty familiar with the tenancy act. I went through it, and didn't exactly see what I wanted to. Curious if anyone has any advice.

My inlaws have a basement suite they have been renting out for uber cheap for many years. Since they rent it out so cheap, they have a very large selection of tenants to choose from always. They have always been very lucky. They do not have a formal Tenancy agreement. Rather a written contract with some simple rules. Absolutely no smoking, no roommates and a couple other small things. blah blah. Rent has never been increased.

They would like to get rid of the current tenant. He has been smoking marijuana in the suite, and was given written notice over a year ago. I see the updated Tenancy agreement would cover this under "smoking" since he has been in there prior to legalization. His GF has moved in, despite him denying the fact. She is suspected to be smoking cigarettes inside, while his Marijuana smoking seems to have stopped.

Do they have any rights as this is against their only written contract? It's really sad as they are really too nice, and should have been more proper/strict. They provide internet for the tenant, and he goes over the bandwidth limit every month (Despite upping the plan multiple times). They barely know how to check their email, and do not have streaming services (While the tenant does).

They really would just like him gone.



On a side note. My wife and I are thinking of selling our place. I personally would move into the basement as her parents are quite old and will require assistance. I'll be out my garage, but the cheap rents means I could rent something. I thought this was a way you could actually remove a tenant, but I don't see it in the tenancy act anymore. Has this changed?
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Old 03-23-2020, 04:28 PM   #2
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Right now, covid19, there are no evictions being dealt with.

The ONLY way would be her parents telling them they have to move because they want to move into it; and since you're family, you have the right to do so. Do some more research.
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Old 03-23-2020, 04:29 PM   #3
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Yes, I heard that about the evictions. For the time being thats understandable. I didn't see anything about the family thing though (I know it was in there previous too).

I saw let's for constructions etc, but nothing for family. Can you confirm it is still in there?
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Old 03-23-2020, 04:48 PM   #4
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Right now, covid19, there are no evictions being dealt with.

The ONLY way would be her parents telling them they have to move because they want to move into it; and since you're family, you have the right to do so. Do some more research.
wouldn't that only be for lack of payment?

i'd just tell them to pack up and get the fuck out. maybe you need to pay them a visit?

also, shut off the internet.
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Old 03-23-2020, 04:50 PM   #5
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I've had this done 2-years or so ago. A family member was going to move in and we gave the tenant 2 months notice.

Had to waive tenants rent for 1 months and they were gone after that.

Here is the info Tenant rights and Landlord rights in British Columbia | tenantrights.ca

This is the exact case for your situation:

Landlord’s use of property requires a total of two month’s notice with a period of 15 days for filing a dispute. Landlords must pay the equivalent of 1 month’s rent to the tenant on or before the tenancy end date. For manufactured home sites, 12 month’s notice is standard with a 15 day period for filing a dispute.
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Old 03-23-2020, 04:50 PM   #6
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Old 03-23-2020, 05:18 PM   #7
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Rather a written contract with some simple rules. Absolutely no smoking, no roommates and a couple other small things. blah blah.
Sounds like the makings of a of tenancy agreement to me, as long as terms in this "contract" doesn't contain any illegal or unconscionable terms (terms that contradict the Act or are grossly oppressive/unfair to one party) it can be enforceable if they break those terms.

Quote:

They would like to get rid of the current tenant. He has been smoking marijuana in the suite, and was given written notice over a year ago. I see the updated Tenancy agreement would cover this under "smoking" since he has been in there prior to legalization. His GF has moved in, despite him denying the fact. She is suspected to be smoking cigarettes inside, while his Marijuana smoking seems to have stopped.
If you want to evict for cause (smoking) you would need proof and evidence with multiple notices that they did not correct their behaviour. You need to establish a paper trail, your one notice from a year ago would not be sufficient to establish this history

Quote:

Do they have any rights as this is against their only written contract? It's really sad as they are really too nice, and should have been more proper/strict. They provide internet for the tenant, and he goes over the bandwidth limit every month (Despite upping the plan multiple times). They barely know how to check their email, and do not have streaming services (While the tenant does).

They really would just like him gone.
Yes they have rights, anything not specifically stated in this "contract" goes to the default terms in the RTA.

Quote:

On a side note. My wife and I are thinking of selling our place. I personally would move into the basement as her parents are quite old and will require assistance. I'll be out my garage, but the cheap rents means I could rent something. I thought this was a way you could actually remove a tenant, but I don't see it in the tenancy act anymore. Has this changed?

As already mentioned in this thread, 2-month notice to end tenancy for landlord use of property is your legal avenue for this. Note that if you do this, you do owe them one month's rent minimum as compensation, paid whether they stay in the unit that extra month or not.
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Old 03-23-2020, 05:28 PM   #8
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also, shut off the internet.
This is bad advice.

If internet service is written as a term in the agreement (or history can establish that this was traditionally provided with their rental, which I believe is true here) the tenant can file for dispute resolution. That's a good way to tie up the rental until the case is heard, and would likely end up in HUD's parents paying compensation to the tenant for restriction of services.
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Old 03-23-2020, 05:32 PM   #9
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The Landlord can give two months notice to end tenancy if they have/want family moving in.

https://www2.gov.bc.ca/gov/content/h...o-month-notice

Quote:
Landlord’s Use of Property
Landlord’s use of property applies when the landlord is going to:

Move in or have a close family member live in the rental unit
Sell the property and the new owner, or a close family member of the new owner, will live in the rental unit
If a rental property is sold, there are two ways a tenancy can be ended if, in good faith, the buyer plans to occupy the unit:

Close family member: This means the father, mother or child of the landlord or the landlord’s spouse – it doesn’t include the brother or sister of the landlord or the brother or sister of the landlord’s spouse. If a family corporation owns the rental unit, then a close family member would also include an individual who owns, or whose close family member owns, all the voting shares.
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Old 03-23-2020, 06:08 PM   #10
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The Landlord can give two months notice to end tenancy if they have/want family moving in.

https://www2.gov.bc.ca/gov/content/h...o-month-notice
Keep in mind that the family member will need to live in the unit for one year otherwise the landlord will face some pretty severe penalties.

Also, the two month notice is rent free IIRC.
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Old 03-23-2020, 07:45 PM   #11
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Originally Posted by 6793026 View Post
Right now, covid19, there are no evictions being dealt with.

The ONLY way would be her parents telling them they have to move because they want to move into it; and since you're family, you have the right to do so. Do some more research.
I think with regards to covid19 no evictions based on none payment, at least thats how i understand it.
https://bc.ctvnews.ca/b-c-tenant-adv...-ban-1.4864882

I would suggest just speaking with the tenant and see if there is a reasonable solution to come up with. In the past I have just asked them to leave and given 3 months rent in return along with damage deposit to get them out right away. This a possible solution because of smoking in the house, the longer they stay and smoke the more damage and stench are in the basement.
Other wise give them two month notice and be done with it, just my two cents
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Old 03-23-2020, 07:53 PM   #12
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Also, the two month notice is rent free IIRC.
It's just one month,and either free rent or if the tenant moves out sooner he gets that money (or a portion of prorated on how long he stays) in cash compensation
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Old 03-23-2020, 07:57 PM   #13
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His rent would be at least double anywhere he went. Having the guy “leave” on his own terms is not likely. Either way, right now the number one option is for us to move in. Selling our place is a definite option right now, and probably the best way to go about it.
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Old 03-24-2020, 06:22 AM   #14
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This is bad advice.

If internet service is written as a term in the agreement (or history can establish that this was traditionally provided with their rental, which I believe is true here) the tenant can file for dispute resolution. That's a good way to tie up the rental until the case is heard, and would likely end up in HUD's parents paying compensation to the tenant for restriction of services.
unfortunately timed service interruption and no service techs to make the repairs...
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Old 03-24-2020, 10:20 AM   #15
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I personally would move into the basement as her parents are quite old and will require assistance.
Given the whole covid-19 going on, this would be even a more solid reason to move in if people were to question the move to kick em out so you can move in.
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Old 03-24-2020, 01:29 PM   #16
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Try with having a talk with them;saying you lost your job and you need to move in. Intent is to have them sign a mutual agreement to leave.

If they say FU then you serve your papers and suck it in with the notice + possible month's rent to cover their cost(or what law / rules based on where you live.)
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Old 03-24-2020, 03:28 PM   #17
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Keep in mind that the family member will need to live in the unit for one year otherwise the landlord will face some pretty severe penalties.

Also, the two month notice is rent free IIRC.
Only one month compensation is due, whether it be a months rent or cash. It's also only 6 months. The penalty is 12 months rent
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Old 03-24-2020, 04:58 PM   #18
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Drives me nuts how many "safety nets" are made for tenants, but only a fraction for landlords.

Im lucky to have amazing tenants, i feel for those who are stuck with garbage.
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Old 03-24-2020, 07:57 PM   #19
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^ in a way it is unfair, then again, we are canada.

In China or even diff parts of the world, I'm sure landlords are protected and you can throw people are easily, we do have extreme weathers here and you just can't throw someone out into -26 in yellowknife... extreme examples.. at times, I see how fairness and laws comes into play.
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Old 03-24-2020, 08:19 PM   #20
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His rent would be at least double anywhere he went. Having the guy “leave” on his own terms is not likely. Either way, right now the number one option is for us to move in. Selling our place is a definite option right now, and probably the best way to go about it.
This would be the best way. Be prepared to have a copy of your contract for purchase and sale submitted and a signed affidavit that indicates that your wife wishes to move into her parent's basement.
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Old 03-25-2020, 11:33 AM   #21
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Vancouver sun first&second page news... dealing with the same issue.... evictions are still valid for normal procedures... it's just COVID19 related rent issues...
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Old 03-25-2020, 01:06 PM   #22
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evictions are still valid for normal procedures... it's just COVID19 related rent issues...
Actually it says evictions are halted for any reason, except in exceptional cases where it may be needed to protect health and safety or to prevent undue damage to the property, landlords will be able to apply to the Residential Tenancy Branch for a hearing.
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Old 03-25-2020, 01:24 PM   #23
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I would imagine smoking indoors would fall under both of those.
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Old 03-25-2020, 01:48 PM   #24
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I would imagine smoking indoors would fall under both of those.
Maybe, You'd have to successfully argue this to the RTB, who is likely already jammed more than ever. I think unless the landlord's life is immediate danger, or the unit is at risk of burning down or something it's not a case that's going to be high on the RTB's priority list to hear.
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Old 03-27-2020, 04:39 PM   #25
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So apparently over the last few days the smoking has increased dramatically. I am going to purchase a WiFi camera and install it over the backyard. We will be able to monitor if indeed his GF is living there and also keep an eye for security.

I’m trying to get details on these new rules. My mother is a realtor and she says with the rules in place you can’t even sell your place with a tenant in it right now. I think there will be clarification this week. I don’t know if the “family move in” is even going to be allowed.

Either way, combination of monitoring the smoking and extra “tenant” I’m going to build evidence for when these rules pass (hopefully). Pending we are allowed to move in, I will be listing our unit. We had the realtor in today.
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