[insomniac]

The title of my current home has changed to my name and my mothers name after my father passed away. Lately he's been causing some problems and being unreasonable so we would like to re sign a new agreement as I believe it's required when the title of a home changes. my guess is that he's happy with the current freedom we allow him to have thus he is refusing to sign.

we want to resign and ultimately move out also because
- we want him to move out as he always has yelling matches with his girlfriend
- he smokes. not like he smokes in the house but the smell does drift into the house.
- we are renting to him for CHEAP. we used to rent to a family friend and my mom based the rental price off the previous price with a bit of premium. we also want to rent out the whole lower level as we never use downstairs.
- does a lot of unwanted things such as put his stuff in the garage, plants stuff outside

what are some things I can do right now and how can I improve my relationship with him? he texts me to go talk to him yet if I ask him to text me his issue or inquiry he refuses to as it's always an odd request and he never wants anything on paper.

[Traum]

Personally, from the way you are describing it, I wouldn't even bother re-signing another rental contract with him. You want him out soon anyway, so you might as well just review the terms of your current contract (You do have one, right? Please tell me you do.), and follow the allowed means to kick him out.

[320icar]

If you don't want him, just give the necessary heads up (3 month?) if there is not current rental contract, then make him sign one. If he refuses, kick him out

[Mr.HappySilp]

Yes just wait till the lease is over. Also give him at least 3 months notice so he is fully aware after the lease you are not renting it out to him. Coz you know some can be asshole and like to dick around for a few months and cause nothing but trouble.

[insomniac]

for the three months notice, i thought if you want to kick them out you're not allowed to rent out for the next year?

am I missing something here? i don't think I can just "kick him out". I called RTO and they said there is only two ways to get him out. 1) not rent out for a full year. (if I'm caught I have to reimburse him). 2) do a full scale renovation after obtaining a city permit (reprinting and re flooring doesn't count.)

my problem is that I definitely NEED someone to rent. currently working two jobs and I want to go back to school. we thought about selling the house and moving into an apartment but it makes more sense to pay off the house as it holds value and we will lose too much from taxes if we sell.

[320icar]

Like we said, if there is no current renting agreement signed and he refuses to sign a new one, he is no longer your tenant and can be evicted (though 3 months should apply still)

[insomniac]

thank you. I actually didn't know that.

[Traum]

I don't remember the specifics of the RTA, but I agree with 320icar that if he refuses to sign a new contract, and you have given him the appropriate eviction notice (3 months?), I see no reasonable grounds on how he can possibly protest. The most important thing is, keep track of all your paper work, and date everything. Date the notice to have him sign the new contract, and be sure to include a term on how long that new rental agreement is (3 months? 6 months?). While you are at it, if you haven't increased his rent in the past 12 months, throw that maximum allowed amount in for good measure. By the RTA, as long as you keep the rent increase to that maximum allowed percentage, he cannot say no to the rent hike -- the only option he has is to move out.

In your official notice, also indicate to him that he must sign the new rental contract by a certain date. If he does not comply, tell him he is forfeiting his tenancy and will need to move out by a certain date (3 months?).

Again, date everything to protect yourself.

Gosh... I hate dealing with troublesome tenants...

[Mikoyan]

Always make sure you do a fixed time tenancy with the option chosen that they move out at the end of the tenancy. If you don't, at the end of the term it can go month to month if they don't want to sign a new contract.

Has he been late paying rent repeatedly? If he's done it at least 3 times, you might be able to serve a 1 month notice.

Read up about your options here:
Landlord Notice to End Tenancy - Province of British Columbia (http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice)

[insomniac]

last year he was frequently late paying rent but lately he has been paying on time. the increased maximum amount we can add is $14 a month (2% iirc) I guess that's still something.

thank you for all the help guys. I've been calling the RTO a few times and the wait time is hella long and I've only gotten the information I posted above. will probably opt for a three month tenancy agreement. will keep this thread updated. thanks again.

[320icar]

I thought the maximum rent increase was 40%

[Traum]

As I understand it, the maximum allowable rent increase is determined based on some CPI, inflation, etc. stuff. I'm sure the RTA has some formula for it, but I just go to the provincial government website to look it up:

Rent Increases - Province of British Columbia (http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/rent-increases)

Landlords can only increase the rent once a year by an amount permitted by law or an additional amount approved in advance by an arbitrator – they need to use the right form and give the tenant three full months’ notice of the rent increase.

The maximum allowable rent increase changes each year. The limits for residential tenancies and manufactured home park tenancies are different.

- For residential tenancies, the standard allowable rent increase for 2015 is 2.5%

So maybe you can get a $15 increase out of him, instead of just $14. :troll:

[Great68]

Everyone here needs to back up here a second, where is everyone getting the idea that a new tenancy agreement must be signed?

From the RTB:

When a Tenanted Property Has Been Sold

Once a property is sold, the buyer becomes the new landlord and the tenancy continues under the same terms. The buyer and the tenants don’t need to sign a new tenancy agreement, but may do so if they both agree.



So your tenant doesn't have to sign a new agreement. If the old agreement didn't state a lease term, than he's month to month. Basically the only way you can get him out is for Cause, or if you intend to occupy the unit, or if you plan to do extensive repairs and renos.

The latter would be the best way to get him out because you said you want to expand the suite. Do some upgrades (Paint, new fixtures, flooring, appliances) and he can't dispute that.

[bcrdukes]

We had some very good renters in the past but when we switched to homestay, holy fuck, it was a nightmare.

I know it's an apples to oranges comparison, but we were better off not renting it out at all. Some food for thought.

[insomniac]

Everyone here needs to back up here a second, where is everyone getting the idea that a new tenancy agreement must be signed?

From the RTB:

When a Tenanted Property Has Been Sold

Once a property is sold, the buyer becomes the new landlord and the tenancy continues under the same terms. The buyer and the tenants don’t need to sign a new tenancy agreement, but may do so if they both agree.



So your tenant doesn't have to sign a new agreement. If the old agreement didn't state a lease term, than he's month to month. Basically the only way you can get him out is for Cause, or if you intend to occupy the unit, or if you plan to do extensive repairs and renos.

The latter would be the best way to get him out because you said you want to expand the suite. Do some upgrades (Paint, new fixtures, flooring, appliances) and he can't dispute that.

is there a way to get him to sign a new agreement? like you stated, our previous agreement didn't have a lease term.
when I called the RTO, they said painting, flooring and appliances don't count. but maybe I should look into knocking a wall down if we want to rent the whole basement out.

We had some very good renters in the past but when we switched to homestay, holy fuck, it was a nightmare.

I know it's an apples to oranges comparison, but we were better off not renting it out at all. Some food for thought.

as much as I wish to keep the whole unit to ourselves, we don't need the downstairs and the extra income helps with the mortgage.

[Lomac]

Everyone here needs to back up here a second, where is everyone getting the idea that a new tenancy agreement must be signed?

From the RTB:

When a Tenanted Property Has Been Sold

Once a property is sold, the buyer becomes the new landlord and the tenancy continues under the same terms. The buyer and the tenants don’t need to sign a new tenancy agreement, but may do so if they both agree.



So your tenant doesn't have to sign a new agreement. If the old agreement didn't state a lease term, than he's month to month. Basically the only way you can get him out is for Cause, or if you intend to occupy the unit, or if you plan to do extensive repairs and renos.

The latter would be the best way to get him out because you said you want to expand the suite. Do some upgrades (Paint, new fixtures, flooring, appliances) and he can't dispute that.

This.

Also, while the standard rent increase allowed by the RTA is 2.5%, you can also petition them for a higher amount. Depending on your reasoning, they may or may not approve your request, or may even suggest a compromise between the two.

[bcrdukes]

as much as I wish to keep the whole unit to ourselves, we don't need the downstairs and the extra income helps with the mortgage.

My bad. I meant to say that you should find better tenants who are headache free.

[Great68]

Like we said, if there is no current renting agreement signed and he refuses to sign a new one, he is no longer your tenant and can be evicted (though 3 months should apply still)

This is false information.

If no tenancy agreement is signed then the standard terms of a tenancy agreement as set out by the RTB still apply.
All the tenant has to do is provide proof that tenancy was established, which wouldn't be too hard for insomniac's tenant to do.

Seriously dude, if you don't know or understand the tenancy act don't post, you're going to get someone in shit.

[Great68]

is there a way to get him to sign a new agreement? like you stated, our previous agreement didn't have a lease term.
when I called the RTO, they said painting, flooring and appliances don't count. but maybe I should look into knocking a wall down if we want to rent the whole basement out.



as much as I wish to keep the whole unit to ourselves, we don't need the downstairs and the extra income helps with the mortgage.

Put yourself in his shoes. Would you be keen to sign a new agreement that only works to the landlord's advantage?
He knows he is under no obligation to sign a new agreement, therefore the only way he would have incentive to sign one would be if it benefited him in some way. You're going to have to work some sort of compromise into the new agreement.

Or you're going to have to bust him for Cause, IE the next time he doesn't pay rent (even that could be a lengthy process)
Or you're going to have to take over the basement for personal use (Which can be subject to dispute should you put it back on the market for rental)
Or you're going to have to do some major renos (I didn't actually know what constitutes the definition of major renos, maybe you will have to knock some walls down)

Unfortunately what this whole scenario says to me is that you guys failed to do your homework when you rented to this guy, and you were hoping that your recent family events (my condolences on your father passing) would be an opportunity to easily change things up. It doesn't work that way.

[insomniac]

thank you for guiding me through this. you are far more helpful then the RTO so far haha.
this guy has been renting for about 4 years now which was before my father passed away. I was probably 17 around that time so I'm still trying to figure out everything that was agreed upon back then. but yes, it is definitely my parties fault because of the weak agreement we have with him. but he hasn't been acting up until this year.

our relationship with him isn't so great right now as he only speaks to my mother when I'm not around and she has pretty poor English with a side of short temper. he's a construction worker and he puts a lot of tools in our garage (connected to his suite) and we need the space as we are shifting things around the house. he demanded that we let him build a shed in our backyard but we refused so he threw a tantrum. hopefully we can use this as a barter to get him to sign a new tenancy agreement.

the problem with the above is that again, the previous agreement was all verbal, when I called RTO they said that technically he has no boundaries on our property if there was no written agreement which confuses me as the garage is our property.

am I also allowed to ask him to stop smoking on our property? I don't mind if he does if we renew the agreement as he only does so in the back yard or porch area.

[snails]

is there a way to get him to sign a new agreement? like you stated, our previous agreement didn't have a lease term.
when I called the RTO, they said painting, flooring and appliances don't count. but maybe I should look into knocking a wall down if we want to rent the whole basement out.

unfortunately you cant MAKE him do anything.

if hes not breaking any laws, paying his rent and you arnt having immediate family member moving into the space then there isnt much you can do.

when i lived at my previous place new homeowners took over and tried everything to change the rental agreement and i shut that shit down real quick.

yes it does suck that you are in this situation but these laws also protect renters from some pretty fucked up landlords.

anyways, good luck! hope it worksout

[Jmac]

Well, I assume he isn't literally always shouting at his GF, so how much is it really?

The renter doesn't sound that bad, to be honest. Not perfect, obviously, but that sounds a lot better than some renters people I know have rented to.

[Great68]

the problem with the above is that again, the previous agreement was all verbal, when I called RTO they said that technically he has no boundaries on our property if there was no written agreement which confuses me as the garage is our property.

am I also allowed to ask him to stop smoking on our property? I don't mind if he does if we renew the agreement as he only does so in the back yard or porch area.

With no written agreement, it basically comes down to precedent.

If in the past you let him store stuff in the garage, the RTB will take that as you allowed him access and storage in the garage as part of his tenancy.

Same thing with smoking, if you allowed him to smoke on the property before the RTB will take that as an allowance in the "agreement".

There used to be a couple people on RS that were really knowledgeable about the RTA, they are managers for a few apartment buildings in New West. For some stupid reason that I'll never understand they got banned from RS. It's too bad because they had a lot to contribute on topics like this. I know they're on Reddit in the Vancouver sub, post your questions there and you'll likely get better answers from them.

[Traum]

Here is a different idea, although it may not be ideal.

I don't see any reason why the OP cannot issue this guy a 3 month notice and kick his a$$ out. Even when there is no written contract anymore, the landlord can still exercise the right to evict a tenant, given enough notice.

The slightly troublesome bit is what happens afterwards, because the landlord is not allowed (by law) to kick a current tenant out and find a new replacement. If I am understanding the OP correctly, the tenant is currently living in the basement while the OP and his mom are living on the main floor. But if the OP and his mom are willing to move into the basement, and rent out the main floor, then voila~ Problem solved!

Obviously, this is not exactly ideal. One minor saving grace is, rent for the main floor is almost certainly going to be higher than rent for the basement. But then you aren't violating any RTA terms, and you don't need to cough up $$$ to do any major renovations, and you can still kick the guy out.

[insomniac]

With no written agreement, it basically comes down to precedent.

If in the past you let him store stuff in the garage, the RTB will take that as you allowed him access and storage in the garage as part of his tenancy.

Same thing with smoking, if you allowed him to smoke on the property before the RTB will take that as an allowance in the "agreement".

There used to be a couple people on RS that were really knowledgeable about the RTA, they are managers for a few apartment buildings in New West. For some stupid reason that I'll never understand they got banned from RS. It's too bad because they had a lot to contribute on topics like this. I know they're on Reddit in the Vancouver sub, post your questions there and you'll likely get better answers from them.

i was reading dinosaurs old posts yesterday. had some helpful stuff in there. i may shoot her a dm in case my tenant is on reddit haha.

i talked about it with some other people. so my house is a 2 storey house. a third of the house is totally isolated from the rest of the house and that slot is for the tenant. is it possible for me to move into that slot and rent out the other 2/3 rds without breaking any of the rules? im thinking that it may be the best option for us now after finding out that we are conflicted by so many laws.

[6793026]

HOLY FUCK. how the fuck do some of you post when it's NOT TRUE.

As some of you have mentioned, if you MOVE into the basement, then he has to leave.
That's TRUE *with tons of minor details involved.

Yes, you need 3 months requirements etc. blah blah blah.

HOWEVER
If you are CAUGHT DOING THIS and your existing tenants catches your listing on CL and try to rent, they can sue your ass.

[Traum]

HOLY FUCK. how the fuck do some of you post when it's NOT TRUE.

As some of you have mentioned, if you MOVE into the basement, then he has to leave.
That's TRUE *with tons of minor details involved.

Yes, you need 3 months requirements etc. blah blah blah.

HOWEVER
If you are CAUGHT DOING THIS and your existing tenants catches your listing on CL and try to rent, they can sue your ass.
What do you mean by "tons of minor details"? Would you care to describe a few of them?

I fully acknowledge that I am not a rental property expert, but using just plain common sense, a basement suite is completely different from the main suite. The amount of space being rented is different. The amount of rent being collected is different. The only thing that's the same is the house address.

[Lomac]

HOLY FUCK. how the fuck do some of you post when it's NOT TRUE.

As some of you have mentioned, if you MOVE into the basement, then he has to leave.
That's TRUE *with tons of minor details involved.

Yes, you need 3 months requirements etc. blah blah blah.

HOWEVER
If you are CAUGHT DOING THIS and your existing tenants catches your listing on CL and try to rent, they can sue your ass.

...what?

[Great68]

i talked about it with some other people. so my house is a 2 storey house. a third of the house is totally isolated from the rest of the house and that slot is for the tenant. is it possible for me to move into that slot and rent out the other 2/3 rds without breaking any of the rules?

I can't comment as I don't know the answer.

I do know that RTB Arbitrators are not stupid, would probably look out for this sort of thing, and don't always deal in black and white.

[Traum]

Come to think of it, I think the moving into the basement thing would make more sense, and you'd have much better coverage to protect your own a$$, if you do the following:

- look into rental costs for a suite the size of your main floor in your area (let's say it is in the $2000 - $2500 range)
- notify your tenant that he needs to move out because you plan on moving into the basement suit, but offer him a rental contract for the main floor at $2500 or $2500+

The assumption here is, with such a huge increase in rent, he would not be interested in renting, and would therefore move out. By offering to rent him the main floor, he cannot say that you never offered him the alternative rental suite and use that as an allegation against you should he ever protest to the RTB.

At the same time, the risk involved is, the tenant takes you up on the offer, and then you'd be fxxked.

[Mikoyan]

And, in order to do so, the tenant will have to sign a rental agreement and agree to new clauses, like no smoking on the property, limits to his use of the property, separate utilities etc.

Judging by what the OP has said about the guy's wanting no paper trails, it seems unlikely he'd agree.

[Traum]

^^ I agree. With all the added conditions, it seems quite unlikely that the tenant will agree to move into the main floor.

[Lomac]

Here's all you need to know if you want to start charging more money:

Additional Rent Increase under the Residential Tenancy Act
The Residential Tenancy Act allows a landlord to apply to an arbitrator for approval of a rent increase in an amount that is greater than the basic Annual Rent Increase. The policy intent is to allow the landlord to apply for dispute resolution only in “extraordinary” situations. The Residential Tenancy Regulation4 sets out the limited grounds for such an application. A landlord may apply for an additional rent increase if one or more of the following apply:
(a) after the allowable Annual Rent Increase, the rent for the rental unit is significantly lower than the rent payable for other rental units that are similar to, and in the same geographic area as, the rental unit;

Here's the fine print regarding that:


The landlord has the burden and is responsible for proving that the rent for the rental unit is significantly lower than the current rent payable for similar units in the same geographic area. An additional rent increase under this provision can apply to a single unit, or many units in a building. If a landlord wishes to compare all the units in a building to rental units in other buildings in the geographic area, he or she will need to provide evidence not only of rents in the other buildings, but also evidence showing that the state of the rental units and amenities provided for in the tenancy agreements are comparable.
The rent for the rental unit may be considered “significantly lower” when (i) the rent for the rental unit is considerably below the current rent payable for similar units in the same geographic area, or (ii) the difference between the rent for the rental unit and the current rent payable for similar units in the same geographic area is large when compared to the rent for the rental unit. In the former, $50 may not be considered a significantly lower rent for a unit renting at $600 and a comparative unit renting at $650. In the latter, $50 may be considered a significantly lower rent for a unit renting at $200 and a comparative unit renting at $250.
“Similar units” means rental units of comparable size, age (of unit and building), construction, interior and exterior ambiance (including view), and sense of community.
The “same geographic area” means the area located within a reasonable kilometer radius of the subject rental unit with similar physical and intrinsic characteristics. The radius size and extent in any direction will be dependant on particular attributes of the subject unit, such as proximity to a prominent landscape feature (e.g., park, shopping mall, water body) or other representative point within an area.
Additional rent increases under this section will be granted only in exceptional circumstances. It is not sufficient for a landlord to claim a rental unit(s) has a significantly lower rent that results from the landlord’s recent success at renting out similar units in the residential property at a higher rate. However, if a landlord has kept the rent low in an individual one-bedroom apartment for a long term renter (i.e., over several years), an Additional Rent Increase could be used to bring the rent into line with other, similar one-bedroom apartments in the building. To determine whether the circumstances are exceptional, the arbitrator will consider relevant circumstances of the tenancy, including the duration of the tenancy, the frequency and amount of rent increases given during the tenancy, and the length of time over which the significantly lower rent or rents was paid.
The landlord must clearly set out all the sources from which the rent information was gathered. In comparing rents, the landlord must include the Allowable Rent Increase and any additional separate charges for services or facilities (e.g.: parking, laundry) that are included in the rent of the comparable rental units in other properties. In attempting to prove that the rent for the rental unit is significantly lower than that for similar units in the same geographical area, it is not sufficient for the landlord to solely or primarily reference Canada Mortgage and Housing Corporation (CMHC) statistics on rents. Specific and detailed information, such as rents for all the comparable units in the residential property and similar residential properties in the immediate geographical area with similar amenities, should be part of the evidence provided by the landlord.
The amount of a rent increase that may be requested under this provision is that which would bring it into line with comparable units, but not necessarily with the highest rent charged for such a unit. Where there are a number of comparable units with a range of rents, an arbitrator can approve an additional rent increase that brings the subject unit(s) into that range. For example, an arbitrator may approve an additional rent increase that is an average of the applicable rental units considered. An application must be based on the projected rent after the allowable rent increase is added. Such an application can be made at any time before the earliest Notice of Rent Increase to which it will apply is issued.

I know it's a giant wall of text to read, but it's all laid out there if you wanted to try and up your rent above the standard rate.

[6793026]

It's Two Month Notice to End Tenancy. (+ Compensation etc, there's a long 3 paragraph on how it's done)

Why can't you just move in and then kick tenant out? Yes, technically you can.
It's called Landlord’s Use of Property.

1) A landlord can serve a tenant with a Two Month Notice to End Tenancy (PDF, 2.2MB) when the: Landlord plans, in good faith, to use the property

Landlord’s use of property applies when the landlord:
1) Moves in or has a close family member live in the rental unit
2) Sells the property and the new owner, or a close family member of the new owner, plans to live in the rental unit.

*they are VERY specific on what "close" is. Mom, dad and child of landlord or spouse's children. it's very black and white, brother and sister don't count. (more details on their website.)

We had a client who though they would outsmart the tenant.

The tenant did NOT move out after the notice. Owners were pissed. What they didn't know was the tenant kept all screen shots of the exact same posting of the unit on CL. They filed for dispute resolution and requested compensation.

a) When it comes to question, burden is on the landlord to establish intension.
b) Owners have to prove purpose that negates the honesty of intent or demonstrate they do not have an ulterior motive for ending the tenancy. (Try explaining to the officer your ad on CL).

[6793026]

Here's all you need to know if you want to start charging more money:



Here's the fine print regarding that:



I know it's a giant wall of text to read, but it's all laid out there if you wanted to try and up your rent above the standard rate.

It doesn't work as easy as you think.

The moment you try to increase rent, the tenant quickly files for dispute. 1) You will then have to wait for the hearing which is 2 months queue and wait.
2) Then it's your turn to find ways to justify and you have to show the officer why. (it's super painful)

*Cheap* is subject so you have to make sure you have a huge list of examples.

9/10 times, owners lose. (based on the cases I've dealt with).

[Great68]

*they are VERY specific on what "close" is. Mom, dad and child of landlord or spouse's children. it's very black and white, brother and sister don't count. (more details on their website.)

I could never understand how brother and sister don't coun't as "close". Like fuck, blood relative sharing DNA is not considered close enough?

Makes me think the person who wrote that definition was an only child.

[Lomac]

It doesn't work as easy as you think.

The moment you try to increase rent, the tenant quickly files for dispute. 1) You will then have to wait for the hearing which is 2 months queue and wait.
2) Then it's your turn to find ways to justify and you have to show the officer why. (it's super painful)

*Cheap* is subject so you have to make sure you have a huge list of examples.

9/10 times, owners lose. (based on the cases I've dealt with).

Oh, I know it's not easy as I just finished helping a family member go through this exact process. However, it's just an alternative solution I'm offering for the OP. Better a two or three month delay with a potential positive outcome than try to illegally kick the tenant out and deal with the aftermath.

[Selanne_200]

While I'm no expert on this, but the landlord moving into the basement and rents out the top level instead may be an option. Even to an arbitrator, it is perfectly reasonable to explain that your family has run into financial difficulties, and therefore needs a larger income per month thus your family needs to move downstairs and therefore require the basement suite. However, the rights of first refusal I'm not so sure about, whether or not your existing tenant gets first dibs.

[FrodoBaggins]

For the love of christ, this is some of the worst information and advice I have read in a long-ass time.

Just pick up the fucking phone and call the RTB...you can leave your number for a call back.

Also, wtf is a 3-month notice?!