[dvst8]

I have a tenants July 1st cheque bounce. I did not know until I got a letter from the bank about it last week. I am now tryng to get a re issued cheque or e transfer from tenant but the she is delaying.

Excuses include roommate is out of town and I will have to wait with no specified date. Last week, she also said she will pay her half this weekend which she has not done. Its already 40 days over due. Communicating with her has been hit and miss. At this point I've lost trust in her.

After confrontng her about the cheque, the same day she tells me the oven is not working. The stove top works though. My question is, Im I obligated to repair the oven even though she owes me rent? What is the next best plan of action?

Thanks

[Inaii]

Your best option would be to contact the Rental Tenancy Board tomorrow and speak to someone there, but if I'm not mistaken you are legally obligated to fix the stove/oven.

[SoNaRWaVe]

you need to read up on the RTA rules. Residential Tenancy Branch : Government of British Columbia (http://www.rto.gov.bc.ca/default.aspx)

the oven repair is a separate issue from the rent. you can't combine that together.

Rent Increases and Non-payment of Rent : RTB : Government of British Columbia (http://www.rto.gov.bc.ca/content/rightsResponsibilities/rent.aspx#135) <- rent issue.

i cant find the rules regarding general repair as i'm in a rush right now.

but it is always better to resolve the issues between tenants and landlords privately before going through the RTA method.

you tend to have a happy landlord/tenant if you can keep the relationship happy.

[Inaii]

From the act regarding repairs:

9. Repairs
9.1 Repairing and Maintaining the Property

A landlord and tenant are both responsible for repairing, maintaining, and
servicing the rental unit.

A tenant must:
» Repair any damage that they, their guests or pets cause, even if it is
an accident
» Keep the rental unit in a condition that meets health and
cleanliness standards
» Contact the landlord as soon as possible if a serious repair is needed
to a service or facility provided by the landlord

A landlord must:
» Maintain the building and property to health, safety and
housing standards
» Keep the building and property in a condition that makes the
building reasonably comfortable to live in
» Oversee repairs for serious problems
» Ensure emergency contact information is posted in a visible place in
the building, or provide tenants with that information in writing

Ongoing repairs that continually disrupt a tenant may make a tenancy less
valuable and the tenant could be entitled to reduced rent while the work
is underway. The landlord and tenant can agree in writing to a temporary
rent reduction, or the tenant can submit an application for dispute
resolution asking for a rent reduction.

Page 15: http://www.rto.gov.bc.ca/documents/guides/act_english.pdf

[Mr.HappySilp]

Well since contacting her is a hit and miss. Make it so that when she contacts you is also a hit and miss.

For Example ":Sorry my phone was stolen", "sorry i left town for the weekend", "sorry I have no money to pay for the repairs because someone didn't pay me rent". If she wants to play the game, play with her till she pays.

[dvst8]

Thanks guys, I'll give the RTA a call tomorrow.Honestly, I dont want to involve the RTA but shes really not willing to work it out. I am going to try cut my losses short.

[Manic!]

Give her a 10 day notice ASAP. it's form RTB-30

Forms & Fees : RTB : Government of British Columbia (http://www.rto.gov.bc.ca/content/formsfees/default.aspx#end)

[GLOW]

wut he said. 40 days past due wow. if you issue a 10 day notice expect it to take another couple of months before you can actually give her the boot. make sure it's documented some how that you've served notice. pic of notice on their front door, registered mail, whatever

[nma]

Well since contacting her is a hit and miss. Make it so that when she contacts you is also a hit and miss.

For Example ":Sorry my phone was stolen", "sorry i left town for the weekend", "sorry I have no money to pay for the repairs because someone didn't pay me rent". If she wants to play the game, play with her till she pays.

I think that's terrible advice. Don't turn in to a shitty land lord just because you have a shitty tenant. Deal with it like an adult.

[6793026]

danggg man... owners need to get this shit straight.
1) deposit the night of
2) once you get a bank letter, you instantly get tenant to pay cash up front the next day or within 2 business day.
3) you go pick up and they don't have it, you on the spot serve her the 10 day notice.
4) by accepting portion of rent, you are obeying to extend the contact fyi, so beware what you do.
5) you get this shit resolved asap. and start the court order. It's much easier to withdraw and ask them to pay for filing fee than start 40 days into the late payment.

[dvst8]

Called the RTA yesterday and the rep didn't provide much more info than what was said here. I also messaged her last night to arrange a time to replace the stove and collect the payment. She hasn't responded, so she can't say I haven't tried to resolve her stove issue. I will be serving the 10 day notice tonight.

[meme405]

Called the RTA yesterday and the rep didn't provide much more info than what was said here. I also messaged her last night to arrange a time to replace the stove and collect the payment. She hasn't responded, so she can't say I haven't tried to resolve her stove issue. I will be serving the 10 day notice tonight.

Sounds like the right course of action.

Make sure you nail the notice to her forehead.

Fuck shitty tenants suck.

Good luck buddy, keep us posted.

[Mr.HappySilp]

Called the RTA yesterday and the rep didn't provide much more info than what was said here. I also messaged her last night to arrange a time to replace the stove and collect the payment. She hasn't responded, so she can't say I haven't tried to resolve her stove issue. I will be serving the 10 day notice tonight.

If you go to the unit and she "isn't home" or isn't answering the door tape the 10 day notice on the door on the front door and take a picture and record a video as well. Also when you do it put today's newspaper next to it fully showing the date on the newspaper. That way there is prof you serve the notice and the day it was serve on.

I have to do this to one of my tenant........

[6793026]

you don't really need the newspaper but yeah it does help. you just have to file the paper work stating you have served it.

[dvst8]

Rent collected! :woot2:
The lease ends this November and I wont be renewing it with them. Cant wait.

[Traum]

If you don't intend to renew, make sure you serve her the notice at least 60 days (?) prior. You do not want to give her any excuses.

[miss_crayon]

THIS GOES FOR EVERYONE (either you're a tenant or a landlord) always leave yourself a papertrail!!!!!!! This is especially important for any issues that may arise and if for any reason you ever have to go to court for a bad tenant (or landlord).

And in my experience, try to go with a management company to deal with your rental investments. It's an expense, but it will save you the major headache if your tenant ever fucks shit up! It's just so much easier to have someone deal with the issues for you rather than dealing with the tenants directly. I have a few companies that I use personally if you want their contacts.

[dvst8]

So I am back at the situation again. She will be moving out this month but has decided to not to pay this months rent. I've served her the 10 days notice so I can get her out by the 19th. Shes refusing to leave by that time. I know I can't go in there to throw her stuff out but would like to know what are the consequences if I did? I want this b**** out asap. I won't believe another word she says.

[SumAznGuy]

So I am back at the situation again. She will be moving out this month but has decided to not to pay this months rent. I've served her the 10 days notice so I can get her out by the 19th. Shes refusing to leave by that time. I know I can't go in there to throw her stuff out but would like to know what are the consequences if I did? I want this b**** out asap. I won't believe another word she says.

I don't know but you don't want to go there.
Just go through the process with the Tenancy board. From the sounds of it, they should rule in your favor so let the process do it's job.

[dvst8]

Fair enough. I'll play nice and trust the residency board on this one then.

[Gucci Mane]

as far as im concerned people who are that late with rent should have no right or say about anything. stupid scum. the RTB is a crock of shit too.

[dvst8]

Yup its frustrating. If I hire a property manager next time around, would they have any additional advantages in dealing with these situations than myself?

[Manic!]

Going to the tenancy branch is going to take you about 2 months and the person still can say they are not moving.

The cops can't do anything because it is a landlord tenant issue.

Ask her multiple times a day for the rent. Also tell her since she is not paying rent you are no longer her landlord and will not be providing her any services.

[SumAznGuy]

First off, as a landlord, you need to give the tenant 24 hours notice. By going into the unit without notice and tossing their stuff out, imo, is not the right way to do things, unless you know they are doing something illegal ie grow up, in which case the police need a warrant before they can enter.
I'm not sure, so don't quote me on this, but going into their unit and tossing out their stuff might even land you in trouble with the law.
The RTB has it's uses too as a landlord, but for the most part, their rules gives tenants far too much power.

From what I recall from Grimlock and Dinosaur, even if you go to the RTB because of non-payment, the tenants can live in your unit rent free until the RTB comes out with their decision. Even if they do rule in your favor, do you think those low life dead beats will pay up.
From what I recall, they usually just talk to the tenants and tell them they can move out right away and terminate the rental agreement. You may have to search up their old threads to find their exact post, but I recall it being along this line.
The sooner you get them out, the less damage they can do to your unit. If they know they are on their way out, what's stopping them from ripping open the walls and stealing all the copper and moving out in the middle of the night. Or worse yet, take off and leave behind crappy urine/feces infested furniture that you will have to pay to discard of.

Generally, a property manager isn't going to do shit for you other than what you can do yourself and then get 30% from you. Do your own back ground checks. Ask for references. Heck, google and facebook them. This is stuff a property manager may not do when you use one to rent out your unit.

[Manic!]

A property manager charges around 5%. Also if there stuff ends up on the street when there are not there the police cando nothing about it.

[4444]

5%, 30%?

what property management companies have you guys been using?

standard is 10%, you can get lower but that's when they start taking first month's rent for new tenants (i.e. gives them incentive to have a revolving door of tenants).

basically you will not see a penny more of rent from the tenant - go through all legal routes (this is where a property manager may help you as they'll be fully up to speed on these processes), and get rid of them.

what you're going through is why i wouldn't own a rental in BC, i've gone through the same in the US, good thing is (depending on state) they're out within 25 days - but it's never a win for you to kick a tenant out, will always cost you, even if you have 1 month's deposit.

best of luck kicking the tenant to the curb, they deserve nothing good from life if they're being an unreasonably bad tenant

[Mr.HappySilp]

Here is what I did. My tenant just like your disappear and haven't pay rent for about 20 days. Try to call her call her work her mom all no answer, going up to the unit she will not open door (I know she is at home since there TV noise).

So I serve the 10 day notice and I also call up the police explain to them that
A. This person haven't answer my calls for the last 2 weeks .
B. She haven't been to work during that time.
C. Calling her parents home there is no answer.
So at this point I fear something might happen to her such as she is injury or murder or sth (not true I just want the police to be there when I open the door to the apartment to make sure I am doing this by the book). Police said they will go with me to make sure she is ok but they are not there to get my rent or anything.).

Fast forward meet police at the suite door open the door and BAM she is there with her bf half naked. After she got dress the police explain what happen and now that she is safe we will leave. I casually ask her if she receive my 10 day notice she just said yes. Next day she called and said she packed already and is moving out and just wanted to give my keys back.

Sometimes getting the police invole does help at least it scares them and you are letting them know you mean business and they can't be dicking you around.

[dvst8]

First off, as a landlord, you need to give the tenant 24 hours notice. By going into the unit without notice and tossing their stuff out, imo, is not the right way to do things, unless you know they are doing something illegal ie grow up, in which case the police need a warrant before they can enter.
I'm not sure, so don't quote me on this, but going into their unit and tossing out their stuff might even land you in trouble with the law.
The RTB has it's uses too as a landlord, but for the most part, their rules gives tenants far too much power.

From what I recall from Grimlock and Dinosaur, even if you go to the RTB because of non-payment, the tenants can live in your unit rent free until the RTB comes out with their decision. Even if they do rule in your favor, do you think those low life dead beats will pay up.
From what I recall, they usually just talk to the tenants and tell them they can move out right away and terminate the rental agreement. You may have to search up their old threads to find their exact post, but I recall it being along this line.
The sooner you get them out, the less damage they can do to your unit. If they know they are on their way out, what's stopping them from ripping open the walls and stealing all the copper and moving out in the middle of the night. Or worse yet, take off and leave behind crappy urine/feces infested furniture that you will have to pay to discard of.

Generally, a property manager isn't going to do shit for you other than what you can do yourself and then get 30% from you. Do your own back ground checks. Ask for references. Heck, google and facebook them. This is stuff a property manager may not do when you use one to rent out your unit.

I agree that resolving the situation on my terms is probably the worst idea. The RTA is amusingly favourable towards tenants that I have to be at mercy.

I'll keep everyone posted next week.

[dvst8]

Here is what I did. My tenant just like your disappear and haven't pay rent for about 20 days. Try to call her call her work her mom all no answer, going up to the unit she will not open door (I know she is at home since there TV noise).

So I serve the 10 day notice and I also call up the police explain to them that
A. This person haven't answer my calls for the last 2 weeks .
B. She haven't been to work during that time.
C. Calling her parents home there is no answer.
So at this point I fear something might happen to her such as she is injury or murder or sth (not true I just want the police to be there when I open the door to the apartment to make sure I am doing this by the book). Police said they will go with me to make sure she is ok but they are not there to get my rent or anything.).

Fast forward meet police at the suite door open the door and BAM she is there with her bf half naked. After she got dress the police explain what happen and now that she is safe we will leave. I casually ask her if she receive my 10 day notice she just said yes. Next day she called and said she packed already and is moving out and just wanted to give my keys back.

Sometimes getting the police invole does help at least it scares them and you are letting them know you mean business and they can't be dicking you around.

LOL, I'll keep this in mind.

[T4RAWR]

in for updates

[dvst8]

Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.

[SSM_DC5]

Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.

Did you already give back the damage deposit?

[dvst8]

Nope I kept it but its going to pay off the utilities she owed.

[SSM_DC5]

Nope I kept it but its going to pay off the utilities she owed.

did you have the proper documentation to keep the damage deposit?
like the Condition Inspection Report for starters?
http://www2.gov.bc.ca/gov/DownloadAsset?assetId=49D61654DE974CAF93E29F853FEC A93B&filename=rtb27.pdf

[dvst8]

We didn't fill out a form for that. I think I will next time though. Thanks.

[SSM_DC5]

We didn't fill out a form for that. I think I will next time though. Thanks.

ok, how about a forwarding address? did the Tenant give you that?

[Traum]

Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.
IIRC, you're supposed to hang on to that shxt for her for a specified period. Otherwise, she could come back later on and if you can't give the junk back to her, she can sue you at small claims for her "loss". It's utter BS, but that's the tenancy branch and the tenant protection laws for you.

On the other hand, I think you can bill her for any storage fees you incur as a result of storing those junk of hers. If she doesn't pay up, you can file at the small claims court to claim that amount. Of course, going this route (suing) is gonna eat up your time and energy.

Try to get ahold of her, and if she says that she doesn't want her shxt anymore, make sure you have that documented somehow (best to get her to put it down in writing). It's a pain in the ass, but you gotta take all the necessary measures so that you don't get ripped off

[Mr.HappySilp]

Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.

Did you run thorugh the inespection with her while she leave. You should because if there is any damage you have to noted it down and both of you have to sign the form in the end. Also she is require to clean up the suite and take all of her things with her. If she doesn't want it she still have to dump it out herself...... Not a good sign. As someone said you can't just keep her deposit. You can however use the deposit towards damage repairs and force her on the spot to remove all her shit.

[SSM_DC5]

....As someone said you can't just keep her deposit. ....

not entirely true

from the RTA Section 39 of Division 5 — At the End of a Tenancy

Landlord may retain deposits if forwarding address not provided

39 Despite any other provision of this Act, if a tenant does not give a landlord a forwarding address in writing within one year after the end of the tenancy,

(a) the landlord may keep the security deposit or the pet damage deposit, or both, and

(b) the right of the tenant to the return of the security deposit or pet damage deposit is extinguished.

[dvst8]

IIRC, you're supposed to hang on to that shxt for her for a specified period. Otherwise, she could come back later on and if you can't give the junk back to her, she can sue you at small claims for her "loss". It's utter BS, but that's the tenancy branch and the tenant protection laws for you.

On the other hand, I think you can bill her for any storage fees you incur as a result of storing those junk of hers. If she doesn't pay up, you can file at the small claims court to claim that amount. Of course, going this route (suing) is gonna eat up your time and energy.

Try to get ahold of her, and if she says that she doesn't want her shxt anymore, make sure you have that documented somehow (best to get her to put it down in writing). It's a pain in the ass, but you gotta take all the necessary measures so that you don't get ripped off

The tenancy board needs to be changed that's for sure. I going to throw it all out or if I find out where she is, I will be happily to hire someone to return her belongings. She basically left the suite a day before we were suppose to meet up. She also left the keys in the suite so I am pretty sure she's not coming back to collect.

Depending on costs, I wouldn't mind taking this to small claims just to teach her a lesson. She's been screwing around landlords for a long time and this shit needs to stop.

[dvst8]

Did you run thorugh the inespection with her while she leave. You should because if there is any damage you have to noted it down and both of you have to sign the form in the end. Also she is require to clean up the suite and take all of her things with her. If she doesn't want it she still have to dump it out herself...... Not a good sign. As someone said you can't just keep her deposit. You can however use the deposit towards damage repairs and force her on the spot to remove all her shit.

She took off before our meetup date and she's not answering my calls. In a old txt msg from her, she mentioned that I can keep the deposit. So I should be safe to keep it. Its just not enough to pay for much of the cleanup/rent/utils...

[dvst8]

ok, how about a forwarding address? did the Tenant give you that?

Nope, she's broken all contacts. It was hard enough to talk or believe anything she said when she was there.

[underscore]

not entirely true

from the RTA Section 39 of Division 5 — At the End of a Tenancy

You stopped bolding before an important part:

"if a tenant does not give a landlord a forwarding address in writing within one year after the end of the tenancy"

[SoNaRWaVe]

Just curious, how did you find out she has done this to other landlords? Or are you just assuming?

[dvst8]

Not assuming. Mainly finding info in the internet. One tip lead to another etc...

[quasi]

Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.

This right here is why I refuse to suite my basement, just not worth it to me.