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Old 11-13-2010, 06:12 PM   #1
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Need some legal advice please

**Sorry mods I don't know whether to post here or the police forum

There is a guy that signed a 3 year contract to rent our land (nursery, storage, greenhouses) in April. First he gave postdated cheques for us to deposit each month but we always had an issue because he never picked up his phone and the cheques would never work because the banks said funds were being held....and it would be near the end of each month before we got our rent.

Sept cheque doesn't work, partly our fault because we went away and didn't get it earlier, and when we come back in he says he'll pay us for Sept and Oct at the same time. Around the time we set, he doesn't pick up calls until we google his business and find his email. Email him, and he replies first saying he'll get the money to us in Oct. and then stops replying. On his site he has his home address so we come there and talk to his wife. etc. etc. he doesn't respond unless we actually come to his house, business or whatever.

My parents are the nicest landlords ever... we are generally lenient over late payment but they have been taking advantage of us... I think because we're asian and my parents don't speak english that well.

We said we would only charge Sept and Oct if he moves out entirely by Dec. 1, (so not charging for November so he can move out). He emails saying government put a hold on his bank account for "gst reasons" which we think is a lie. Emailed yesterday saying he is filing for bankruptcy BUT can pay us $200 per month beginning Dec.1. (after he's supposed to move out). We know he has money, but doesn't want to pay us. We want all the money at once ASAP.

Thing is this guy is a f*king pain. We can't get the government help(residential tenancy branch) because this isn't residential related.

Question is, how do we get rid of this f*cker ASAP and get our 2 months worth of rent ($1300). What should be the steps in dealing with this? We're thinking of seeing a lawyer but that is a last last resort my mom says because it would stretch over several months and the guy could be pissed off and could just keep leaving his shit on the property until it is settled and we may lose more money.

He owns a bin business (or manages.... we're not too sure) so could it be easier to sue and win? The property is used to store some of his bins and unfortunately his other crap. We really don't know where to go from here. I don't want to threaten to bring the issue to court for fear that he pulls some dick moves and f*ks up our property even more and leave trash everywhere which could potentially cost us thousands to clean up. He owns a bin business he could EASILY move all his shit away as it is what his business does... We have the contract that he signed.... so he's already going against the terms of the contract. But we mistakenly filled out the residential form and indicated that it was land.


p.s. As well, we've had our fair share of crappy tenants. Should we do criminal/background checks and references before proceeding in the future? How far can we legally go with that? How to be more strict on rent payment dates?

Any insight in this matter would be greatly appreciated as this is causing headaches for our entire family.
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