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Bad Tenants (Yet, another thread)
i-vtecyo
11-12-2015, 04:52 AM
So im in a situation with a downstairs male tenant who I rented out a 2 bdrm suite to and been receiving complaints about noise, disturbances, and violent actions from neighbors and upstairs. Its been one month since I have rented the place out to him and on two separate occasions, he has already had two visits by police officers. I dont live at the location so I cannot monitor them, however I am in the process of talking to constable who attended the scene of the call two nights ago to gather more information.
In the beginning of this month, I noticed a mess in the backyard and I also was informed by upstairs about the first police incident. My brother spoke with the male tenant and he told my brother that the mess would be all gone within 3 days and that the disturbance with his "friends" won't happen again. On that same day, he also mentioned that his gf and his gf's daughter were going to move in. My family being generous at the time and didnt want to cause any trouble said its okay. We didnt increase the cost of rent and continued to cover for his electric and hydro bills.
Originally, it was suppose to be the male tenant and a "roommate", but it soon became the male tenant, his girl friend, his girlfriend's daughter and the daughter's boyfriend. On top of the large numbers of occupants residing there, and all the noise and acts of violence complaints, there are also other problems as well such as late night drinking until 3am with more than 3 people who arent leaving "peacefully" and indoor smoking.
So last morning, I received a text msg from the family upstairs about the second police visit so I decided to drop by. Upon my visit, the mess only started to grow and that there were unwashed clothes lying everywhere in the backyard which may potentially pose a safety and health hazard towards the family living upstairs and the other single lady living downstairs. In addition to that, the lock for the entrance to the suite has also been disassembled and the girlfriend's daughter would'nt give me much information about the police incident nor the lock. I've tried to contact the male tenant but it kept going straight to voice mail. So I decided to hand the gf's daughter the one month eviction notice with everything signed.
In the notice, the tenant has met more than one criteria with reasons to end tenancy within one month as they are not on a fixed term contract, but a monthly basis. The male tenant has also been very shady which he appears to be avoiding people. He also claimed that he was well behaved and mature during the time of the interview. I was stupid to not take extra precautions and do a thorough reference check as everything he said during the interview seemed genuine.
So my question is, during the next month, what should I look out for besides possible property dmg exceeding the dmg deposit? Depending on the lock situation, I may or may not give the deposit back. Also after some research, I believe that one month is the earliest that I can evict them since they've paid their rent on time? Because I would like to evict them sooner to avoid any more unnecessary violent actions and disturbances involving police visits.
http://i65.photobucket.com/albums/h213/69xchange/20151111_161843_zpsyw7xsstd.jpg
http://i65.photobucket.com/albums/h213/69xchange/20151111_161827_zpsr0wunesx.jpg
http://i65.photobucket.com/albums/h213/69xchange/Screenshot_2015-11-12-05-44-13_zpsmyapvrn2.png
quasi
11-12-2015, 05:17 AM
Stories like these are exactly why I refuse to suite my basement and leave it almost empty. I have no advice on what you should do but I do wish the best of luck, I hope you get them out with minimal damage.
Lomac
11-12-2015, 05:41 AM
Sweet. Free stuff!
i-vtecyo
11-12-2015, 05:46 AM
Going to try to apply for an order to end early tenancy as most of these criteria have been met. Will be keeping this thread updated.
Ending a Tenancy Early
There are some circumstances when it’s necessary to end a tenancy as soon as possible – when waiting for a regular notice to take effect would be unreasonable or unfair. Applying for dispute resolution to end the tenancy early is required in these situations.
A landlord can apply for an order to end a tenancy without the usual notice if a tenant, (including their pets or guests) have done one of the following:
-Significantly interfered with or unreasonably disturbed another resident or the landlord
-Seriously endangered the safety, rights or interests of the landlord or another resident
-Engaged in illegal activity that has caused or could cause damage to the property, disturbed or threatened the security, safety or physical well-being of another resident, or endangered a lawful right or interest of another resident or the landlord
-Caused major damage to the property or put the landlord’s property at considerable risk
once u've dealt with this guy stop being so soft.
do ALL reference and credit checks (if credit checks are a thing in canada for tenants).
NEVER go outside of the agreed upon terms. someone else needs to move in, amend the contract, and get all parties to sign.
renting property is a business, so act like a business person.
good luck getting this sorted out, this is the nightmare situation for rental property owners.
Mr.HappySilp
11-12-2015, 07:09 AM
First thing that you should have done is not let anyone else lives in the suite that's not on the agreement. Is a strict no. 2nd you should not have gone soft. The second there is a noise complain or the police is inovled I would have kick him right out and end the tenancy early. My friend who rented out one of her bedroom in the apartment clearly states no smoking and drinking. One time this guy was smoking in the suite she basically took the cigs from him and throw it out and told him if she sees this shit again he is out of there.
If he isn't respecting you, then you don't have to respect him.
Mr.Money
11-12-2015, 08:28 AM
....why is the lock removed?,fucking crackheads man.
BoostedBB6
11-12-2015, 09:02 AM
This is why I will never rent anything.....there are so many situations like this. I have numerous friends dealing with this kind of crap.
#1 piece of advice I have ever seen, don't be nice. They have an agreement, they stick to it and everythings good, if not then they leave.
I hope they leave without to many issues, but judging by what you said/posted they may try and stay there and force you to go through the long and drawn out process to remove them.
smoothie.
11-12-2015, 09:07 AM
good luck
follow the steps to evict asap
it can drag for months as they appeal, etc
*saw the month to month contract, that should help you get them out sooner
*saw the month to month contract, that should help you get them out sooner
i was under the impression that month to month makes things more difficult.
frost91
11-12-2015, 09:18 AM
do you have everything documented on paper?
do you have police ref from when they visited?
taken pictures?
i have never applied for an order to end early tenancy, but in my opinion, from the looks of what they've done, it isn't enough. i usually use a mutual agreement to end tenancy, for my situation it's quicker.
as for your question, you can kiss your months rent and damage deposit good bye.
meme405
11-12-2015, 09:23 AM
You've done what you can so far, just keep pursuing, and get evict them through the proper procedure.
Good luck on early eviction, it's not easy, but I think you have a good case for it. Just keep stressing the multiple police visits, and the other tenants in the same building.
As other above said, you HAVE to do all the checks, I know tons of people who can lie like a mattress and charm the pants off you, but are shitty people I would never rent a cardboard box to, let alone a house. Regardless of how sincere and well kept someone appears, you won't know till you phone their references.
Even with phoning references they can be withholding information of the people who might say bad about them. ALWAYS ask for specific people, their current employer, and 2 previous employers is a very good start, because they cannot fudge these. Personal references can easily be fudged with friends or family members.
sdubfid
11-12-2015, 09:37 AM
His previous reference probably said he was a dream tenant in order to get rid of him
melloman
11-12-2015, 10:09 AM
You definitely need to do your prep work.
Without reference checks (from work, previous landlords, and their own personal references) and credit checks if available, it's the only way to stop people like this from costing you money.
As people said before, this is a business you are running. You have a contract, make sure it is well written and thought out. Put in additional clauses as necessary, you have 3 units in 1 building, so you don't want people like this in there and making your other renters leave from inconvenience.
Unfortunately this is a "live and learn" kind of lesson. If you do go and try to evict early, I also suggest that you talked to them after the first police incident, they said it wouldn't happen again yet there were other complaints from the other tenants and a second police visit. This should help you leverage to get them out.
i-vtecyo
11-12-2015, 12:34 PM
So I'm basically outta luck with getting him out sooner. Legally, the tenant has until December 31st to vacate. Even with the special conditions to end tenancy early act, it'll take until end of December to be approved. So since its nearly impossible to speak with him in person or on the phone, I gave him 2 options via text msg. End tenancy early under mutual agreement on Nov 30th at 1pm or pay another month's rent on the 1st of Dec. and vacate by December 31st, 1pm. Now if he chooses option 2, and doesn't pay rent by midnight, I can serve him the 10 day notice to evict him which will get him out sooner before Dec 31st.
BoostedBB6
11-12-2015, 12:51 PM
So I'm basically outta luck with getting him out sooner. Legally, the tenant has until December 31st to vacate. Even with the special conditions to end tenancy early act, it'll take until end of December to be approved. So since its nearly impossible to speak with him in person or on the phone, I gave him 2 options via text msg. End tenancy early under mutual agreement on Nov 30th at 1pm or pay another month's rent on the 1st of Dec. and vacate by December 31st, 1pm. Now if he chooses option 2, and doesn't pay rent by midnight, I can serve him the 10 day notice to evict him which will get him out sooner before Dec 31st.
You can serve him, but regardless of being served, there is no one who can make him leave.
This is where it begins to suck. A good friend had a lady do this for 7 months before they were able to get everything legal set up and she was removed from the home. Apparently she had done this to many people around the Vancouver area.
Mr.HappySilp
11-12-2015, 12:59 PM
So I'm basically outta luck with getting him out sooner. Legally, the tenant has until December 31st to vacate. Even with the special conditions to end tenancy early act, it'll take until end of December to be approved. So since its nearly impossible to speak with him in person or on the phone, I gave him 2 options via text msg. End tenancy early under mutual agreement on Nov 30th at 1pm or pay another month's rent on the 1st of Dec. and vacate by December 31st, 1pm. Now if he chooses option 2, and doesn't pay rent by midnight, I can serve him the 10 day notice to evict him which will get him out sooner before Dec 31st.
Don't have to serve the paperwork in person. Just go to the basement tape the paperwork on the door or take a pic of you putting the paperwork to the mailbox (when I did it I purchase the newspaper to show the date I serve it but you don't have to). You can also send register mail which will show when he sign for the mail. That's good enough as the paperwork is serve.
i-vtecyo
11-12-2015, 01:00 PM
You can serve him, but regardless of being served, there is no one who can make him leave.
This is where it begins to suck. A good friend had a lady do this for 7 months before they were able to get everything legal set up and she was removed from the home. Apparently she had done this to many people around the Vancouver area.
Jesus.. Did ur your friend take the lady to small courts claim and claim for their losses? From my understanding and research, only a bailiff firm with a contract can remove a tenant from the property and the expenses and cost to hire one can be recovered thru the dispute resolution center and small court claims.
Mr.HappySilp
11-12-2015, 01:10 PM
Jesus.. Did ur your friend take the lady to small courts claim and claim for their losses? From my understanding and research, only a bailiff firm with a contract can remove a tenant from the property and the expenses and cost to hire one can be recovered thru the dispute resolution center and small court claims.
Make friends with who are bailiff and have them evict and buy them beer after.
BoostedBB6
11-12-2015, 01:28 PM
Jesus.. Did ur your friend take the lady to small courts claim and claim for their losses? From my understanding and research, only a bailiff firm with a contract can remove a tenant from the property and the expenses and cost to hire one can be recovered thru the dispute resolution center and small court claims.
She could have tried, but the lady had nothing to take. You can get papers served to these people for recovering costs, but you can bet that if there not going to pay rent you will never see any of the monies they owe afterwards.
Its a rather backwards system when as a home owner you can not have people removed from your home without jumping through many hoops and paying a lot of money. I hope this guy does not cause to much trouble for you outside of what hes already done.
Harvey Specter
11-12-2015, 02:19 PM
I own a few rental properties and I've had to evict people, it's a BS process and BC Tenancy always sides with tenants. Here's my suggestion;
1. Give proper notices, 10 day notice for not paying rent and than follow up with a 30 day notice. Upon giving the 10 day notice you have to get the proof of service signed by the tenant, this is important because if you don't get this signed your notice is be invalid. Also make sure you have the tenancy agreement and make sure it's filled out properly, signed and dated.
2. Once notice is issued, the tenant will have a chance to dispute the notice. If your tenant is smart, they will dispute this notice so they can buy more time.
3. Never leave notices on the door, ALWAYS send them via registered mail. BC Tenancy will NOT accept notices been left on the door, trust me I know.
4. Also keep in mind, if the cops come by and you issue notices in the presence of the police that DOES NOT warrant a witness. Some people issue notices when the cops are on the property and will try to use them as witnesses, the police will not become witnesses and you can't use them as a witness on the proof of service notice.
5. Once you issued the notices you'll have to wait and see what your tenant does. If he/she knows to play the system then you're in trouble. The dispute process is long and BC Tenancy will always side with the tenant.
6. If the tenant ignores your notices and doesn't pay you must go to BC Tenancy and request a dispute resolution hearing. They will ask for all the notices and agreements, they will then give you a date for an over the phone dispute resolution. They will provide you documents that you have to give your tenant, again you must send this document via registered mail. Do not leave it on the door.
7. The dispute resolution hearing date is anywhere from a month or two. You can't do anything during this wait even if the tenant is not paying rent.
8. During the dispute resolution hearing, you'll have a chance to tell your side of the story to the arbitrator. If they side with you then you'll be giving a "Order of Possession".
9. Order of possession does not give you the legal right to psychically evict the person. This must be done via a court appointed bailiff which costs a few bucks and takes some time. Some people get 3rd party bailiffs who have no legal standing who go by and try to scare the tenants, I personally wouldn't recommend this because if the tenant is smart they might figure out you sent a "fake" bailiff and make your life a living hell.
The process of evicting people is awful. BC tenancy is setup to protect tenants and not landlords. The process is long and the outcome is usually not in the favor of the landlord. What I've learned is try to keep a cooler head and try to make a deal with the bad tenant to get them out. Even if you lose a months rent so be it because honestly if you go through the legal process it will cost you more in lost rent and possible damage to your property.
frost91
11-12-2015, 02:29 PM
i deal with tenants like this everyday. the simple solution is to offer him money to leave. there's a few things i would of done differently in your case to have him removed. i usually like to solve things without going to the residential tenancy branch.
if it gets to the point where you have to hire a bailiff, you will be out a few thousand dollars. it cost about $1000 +/- to have a bailiff show up
i-vtecyo
11-12-2015, 02:34 PM
Maybe in the future, they'll stricken up the rules. Only a matter of time before all the "horrible" tenants figure out how to take advantage of this system. Its such bs.. Ty harvey for the advice, I will be following those steps.
What things would you have done? can you give me some suggestions? Thanks frost91
frost91
11-12-2015, 02:48 PM
offer him money to leave (right away) with a mutual agreement to end tenancy, on the condition he only gets to receive the money after all his shit is packed up and out of the unit.
on the leaving day, make sure you call the police non-emergency line and tell them your situation and what you are doing. you need to make sure you have all the detailed documents, who,what, when, where, and why he is leaving in case you need to call the police if anything arises. i also hope you kept all the reference numbers for when the police showed up at the unit.
have a new lock ready to be put on as soon as hes gone.
everything harvey spector said is true, but if you go that route your going to be a lot of money and its probably going to take around 3 months
PeanutButter
11-12-2015, 03:33 PM
I own a few rental properties and I've had to evict people, it's a BS process and BC Tenancy always sides with tenants. Here's my suggestion;
1. Give proper notices, 10 day notice for not paying rent and than follow up with a 30 day notice. Upon giving the 10 day notice you have to get the proof of service signed by the tenant, this is important because if you don't get this signed your notice is be invalid. Also make sure you have the tenancy agreement and make sure it's filled out properly, signed and dated.
2. Once notice is issued, the tenant will have a chance to dispute the notice. If your tenant is smart, they will dispute this notice so they can buy more time.
3. Never leave notices on the door, ALWAYS send them via registered mail. BC Tenancy will NOT accept notices been left on the door, trust me I know.
4. Also keep in mind, if the cops come by and you issue notices in the presence of the police that DOES NOT warrant a witness. Some people issue notices when the cops are on the property and will try to use them as witnesses, the police will not become witnesses and you can't use them as a witness on the proof of service notice.
5. Once you issued the notices you'll have to wait and see what your tenant does. If he/she knows to play the system then you're in trouble. The dispute process is long and BC Tenancy will always side with the tenant.
6. If the tenant ignores your notices and doesn't pay you must go to BC Tenancy and request a dispute resolution hearing. They will ask for all the notices and agreements, they will then give you a date for an over the phone dispute resolution. They will provide you documents that you have to give your tenant, again you must send this document via registered mail. Do not leave it on the door.
7. The dispute resolution hearing date is anywhere from a month or two. You can't do anything during this wait even if the tenant is not paying rent.
8. During the dispute resolution hearing, you'll have a chance to tell your side of the story to the arbitrator. If they side with you then you'll be giving a "Order of Possession".
9. Order of possession does not give you the legal right to psychically evict the person. This must be done via a court appointed bailiff which costs a few bucks and takes some time. Some people get 3rd party bailiffs who have no legal standing who go by and try to scare the tenants, I personally wouldn't recommend this because if the tenant is smart they might figure out you sent a "fake" bailiff and make your life a living hell.
The process of evicting people is awful. BC tenancy is setup to protect tenants and not landlords. The process is long and the outcome is usually not in the favor of the landlord. What I've learned is try to keep a cooler head and try to make a deal with the bad tenant to get them out. Even if you lose a months rent so be it because honestly if you go through the legal process it will cost you more in lost rent and possible damage to your property.
My cousin is a property manager for a huge management company. I always asked him about evicting people and he said it is very easy.
he said it takes him max two weeks to physically get the person out of the house.
I'll ask him when he comes back from Europe, but from what I recall he said the day after the tenant doesn't pay, you put a notice on the door, 5 days after that, if they don't pay, you file a specific report with the city, you get a bailiff and you enter the home with them and they physically take all of the items in the house and you put it on the edge of the property line, then you change the locks.
I always asked him about the horror stories of people not paying and you losing one or two months rent. edit: He told me these people don't know how to properly file the reports and get people out. He said it is quite easy to get someone out if they don't pay. There should be no reason why it would take longer than a couple weeks to get these people out.
He said he has evicted many people and he's never lost more than 1 months rent, and that is rare he said. They're usually out in two weeks max.
frost91
11-12-2015, 03:37 PM
unfortunately, none of what you said is true.
PeanutButter
11-12-2015, 03:51 PM
unfortunately, none of what you said is true.
None of what I said is true?
So my cousin is lying to me and he doesn't evict tenants in under two weeks?
I'll get specifics from him and accuse him of lying to me.
I'll actually challenge him on the issue and get specifics. I can't see him lying to me.
frost91
11-12-2015, 03:55 PM
it's okay i'm not here to get an argument but rather help out the original poster. i don't see how anyone can evict a tenant in 2 weeks. if he could then i should ask him to come evict some of my tenants
if you are to do it legally then the best advice is to do what harvey spector said
Great68
11-12-2015, 04:04 PM
None of what I said is true?
So my cousin is lying to me and he doesn't evict tenants in under two weeks?
I'll get specifics from him and accuse him of lying to me.
I'll actually challenge him on the issue and get specifics. I can't see him lying to me.
Well, right off the bat, it's a 10 day notice for unpaid rent or utilities, not 5 days.
10 Day Notice for Unpaid Rent or Utilities - Province of British Columbia (http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice/10-day-notice)
Mr.HappySilp
11-12-2015, 04:11 PM
That's the main reason you ppl complain to the media how is impossible to rent in Vancouver. Have you ever notice those ppl that complain looks very very shaddy? They always complain how no one wants to rent to them and how rent is too high.
Most people in this city have no issue renting. As long as you pay your rent on time and doesn't cause too much hassle most landlords want you to stay. Some won't even raise rent coz they want to keep there. We haven't raise our rent for a few years now. The Tenants are decent doesn't cause too much issue (other than doing laundry like 3 days but that's coz they got 2 kids). Pay their rent on time, is quiet.
The system should change. If you don't pay rent you are out of there the next day. No reason for this to even drag on. What the gov should do is start a datbase of all the Tenants and potential landlord and sup through the database. It should contain some key info like their pic, phone, e-mail fb, etc etc and where they live for the past 2 years. Even if it cost money to look through the database I am sure a lot landlords will be willing to pay.
Harvey Specter
11-12-2015, 04:28 PM
My cousin is a property manager for a huge management company. I always asked him about evicting people and he said it is very easy.
he said it takes him max two weeks to physically get the person out of the house.
I'll ask him when he comes back from Europe, but from what I recall he said the day after the tenant doesn't pay, you put a notice on the door, 5 days after that, if they don't pay, you file a specific report with the city, you get a bailiff and you enter the home with them and they physically take all of the items in the house and you put it on the edge of the property line, then you change the locks.
I always asked him about the horror stories of people not paying and you losing one or two months rent. edit: He told me these people don't know how to properly file the reports and get people out. He said it is quite easy to get someone out if they don't pay. There should be no reason why it would take longer than a couple weeks to get these people out.
He said he has evicted many people and he's never lost more than 1 months rent, and that is rare he said. They're usually out in two weeks max.
There is no legal way possible to evict someone within 2 weeks after giving notices unless the tenants leave on their own. And the city does not issue eviction notices, only eviction type notice the city can give the owner is if you have a illegal suite and you're been forced to move out your tenants.
Like I said, there are fake bailiffs you can hire to scare the tenants but you nor can these bailiffs enter the unit under any circumstances unless you have a court order. It's illegal to evict someone without this order, if you decide to do it the illegal way then be prepared for a lot of legal trouble and face hefty fines.
adambomb
11-12-2015, 04:39 PM
Well, right off the bat, it's a 10 day notice for unpaid rent or utilities, not 5 days.
10 Day Notice for Unpaid Rent or Utilities - Province of British Columbia (http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice/10-day-notice)
If you read the link you have posted. The Tenant has 5 days to respond to the 10 day notice. If the tenant does not respond within 5 days, The landlord may continue with additional paperwork to facilitate eviction...
Because legal notice has been served, tenants who disagree with a notice must apply for dispute resolution – writing a letter or talking to the landlord is not enough. Within five days of receiving the notice, submit the Tenant’s Application for Dispute Resolution (PDF) to the Residential Tenancy Branch along with a copy of the Notice to End Tenancy.
If a tenant disputes a 10 day notice to end tenancy by the five-day deadline, the notice is suspended until an arbitrator makes a decision. A tenant must move out within 10 days of receiving the notice if they do not dispute it or pay the outstanding rent or utilities.
TouringTeg
11-12-2015, 04:43 PM
I have 4 rental units and I am going through a similar situation. Harvey hit the nail on the head. It is better to negotiate and stay civil when a tenancy goes bad.
I am evicting tenants that we had for just 5 months. Solid references yet there have been many issues in a short time such as: backing their moving truck into the house and not telling us, noise complaints from neighbours, noise complaints of partying until 6am, breaking off hose reel and shed lock and not saying anything etc.
I decided to do an inspection to check the smoke detectors (min 24 hrs notice provided and reason for inspection). I discovered they had a room rented to an international student. Confirmed by downstairs tenants. Per the BC Tenancy Act, a tenant can not sublet without permission (even a portion of the unit). I put the notice to end tenancy on the front door and provided a months notice. (In my case 6 weeks).
Luckily for me they have settled down and said they can't afford the place and want to move anyway. They could have easily disputed and made my life hell. I had a showing with some awesome new tenants and the old tenants cleaned very throughly and had already started packing. What a relief.
Things I have learned after 5 years of being a landlord:
Be very through in your reference and credit checks.
Everything in writing and keep copies for your own records.
Follow the BC Tenancy Act.
frost91
11-12-2015, 04:49 PM
there's no need to debate whether it is 5 days or 10 days, there are too many variables. if the tenant knows what he is doing, he'll be there anywhere between 2 months - 6 months living off you rent free. you can try to recover as much costs as you can but its definitely a lose lose situation.
even if you win the phone arbitration, and receive a court order, you are unlikely going to receive any money back. and none of these services are free, you pay for everything.
i have over 20 rental units, i deal with this everyday. i have had tenants that are way worse then anyone has ever posted on this forum and still lost on the phone arbitration for the money
there was a user here before named "dinosaur" who was very familiar with the RTA, i think he dealt with the same type of tenants i deal with and he was very good at keeping detailed records and filing eviction notices. i can't seem to find his posts, maybe i am spelling his name wrong?
PeanutButter
11-12-2015, 04:50 PM
I'll get a detailed summary from him and post it here. I don't remember all the details, but everything he was doing was legal (well he told me it was legal anyway), he works for a big company, so I can't see them doing anything illegal. I'll try to get it asap rocky.
And you guys can pick it apart when I post.
b0unce. [?]
11-12-2015, 04:50 PM
Find a buddy and do this. I'm sure they'll move out.
The scene is so fitting for your situation :lol
https://www.youtube.com/watch?v=kGxYjJ5bcv0
adambomb
11-12-2015, 07:43 PM
Looking at the damage they caused, you could always go the two month eviction route. You may lose some money, but you already are losing and with your pics, this situation is justified. Major renos are needed and a family member is moving in. :gtfo:
Two Month Notice to End Tenancy
A landlord can serve a tenant with a Two Month Notice to End Tenancy when the:
Landlord plans, in good faith, to use the property
Landlord plans to do major construction that requires the unit to be empty
Tenant lives in a subsidized rental unit and no longer qualifies for subsidized housing
Landlord’s Use of Property
Landlord’s use of property applies when the landlord:
Moves in or has a close family member live in the rental unit
Sells the property and the new owner, or a close family member of the new owner, plans to live in the rental unit
http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice/two-month-notice
SpuGen
11-12-2015, 08:01 PM
I only rent out to Asians.
Specifically Fobs.
The less they know about the RTA, the better.
"Nice white people" are not nice. They will fuck you.
Anjew
11-12-2015, 08:05 PM
heard this on the radio today... good luck op.
Vancouver mayor backs proposed changes for rent control - NEWS 1130 (http://www.news1130.com/2015/11/12/vancouver-mayor-backs-proposed-changes-for-rent-control/)
VANCOUVER (NEWS 1130) – The City of Vancouver is floating a list of changes to the residential tenancy act meant to address some of the unforseen problems renters are facing, but some feel the adjustments would tip the scales too far in renters’ favour.
“With more than half of Vancouver households renting and vacancy rates at record lows, it can be extremely challenging for Vancouver renters out there,” says Mayor Gregor Robertson.
A city committee on renters’ rights wants to see limits on rent increases when a tenant’s fixed-term lease ends.
“There is a rental housing crisis in this city, and with renters making up half of Vancouver’s households the time to take action is now,” says Alvin Singh, Chair of the Renters’ Advisory Committee. “Our report is the latest in a long line of recommendations to improve the situation of renters here and across BC and now it’s up to the province to take action. The ball is in their court.”
It finds some find landlords may use the opportunity to increase the cost of rent to a level they can no longer afford. The motion also suggests waiving dispute resolution fees for low income tenants.
“We seem to be moving towards a kind of squatters rights mentality that we’ve seen in other cities and it doesn’t create a particularly good environment for owners or renters,” says NPA Councillor George Affleck.
He’s worried this will prevent investors from building much needed affordable rental housing here. “Basically, if you extend the rent controls forever, you are creating an ongoing rent control system and that really does, I believe, discourage investment in real estate,” adds Affleck.
Some of the recommendations include:
Waiving dispute resolution fees for low-income tenants
Providing translation for dispute resolution hearings
Creating a mandatory minimum penalty on landlords who break the law when evicting tenants
Limiting rent increases when fixed-term tenancies end
Increasing from 2 to 3 months the notice required for a tenant to leave a property due to renovations
EvoFire
11-12-2015, 08:18 PM
heard this on the radio today... good luck op.
Vancouver mayor backs proposed changes for rent control - NEWS 1130 (http://www.news1130.com/2015/11/12/vancouver-mayor-backs-proposed-changes-for-rent-control/)
Man I'm a renter and I think those are a bad idea. Moonbeam is seriously out of touch.
Manic!
11-12-2015, 08:38 PM
heard this on the radio today... good luck op.
Vancouver mayor backs proposed changes for rent control - NEWS 1130 (http://www.news1130.com/2015/11/12/vancouver-mayor-backs-proposed-changes-for-rent-control/)
That's going to make the vacancy rate even lower because no one will want to rent out a suite.
NAM-nam
11-12-2015, 11:28 PM
I'm in the process of renting out my unit.
i recieved his info and did a record check and everything looks good.
just wondering should i contact his current landlord and employer?
and what questions should i ask?
i-vtecyo
11-13-2015, 12:08 AM
I'm in the process of renting out my unit.
i recieved his info and did a record check and everything looks good.
just wondering should i contact his current landlord and employer?
and what questions should i ask?
just search it up. dont make the same mistake as me.
BC Landlord and Tenant Resources - Reference Check Questions (http://www.tenantsbc.ca/reference%20checks.htm)
Anyways I just hope it ends peacefully. I haven't gotten a call or text back since i served the one month notice to the girlfriend's daughter, which i dont know if its a good thing or not..
"Nice white people" are not nice. They will fuck you.
thanked by melloman so you know it's true. Kappa :troll:
http://45.media.tumblr.com/496f35cda1b8157ce5acd742d8b83051/tumblr_njdfs1YKoI1rp6k3fo1_500.gif
just search it up. dont make the same mistake as me.
BC Landlord and Tenant Resources - Reference Check Questions (http://www.tenantsbc.ca/reference%20checks.htm)
Anyways I just hope it ends peacefully. I haven't gotten a call or text back since i served the one month notice to the girlfriend's daughter, which i dont know if its a good thing or not..
Have you followed-up? Because you need to follow that up.
They might just claim that they never received it.
hillmar
11-13-2015, 08:45 AM
Wishing you the best of luck with this nightmare OP!
I had a 1 bdroom suite for rent a few months ago, and had a crap load of applicants. Narrowed it down to two, and what worked for me was right before signing I asked the applicant if it was alright to head over to his current suite to take a look around. He didn't hesitate even though it did catch him off guard. He had nice furniture and the suite was clean! He also did not lie that the current landlord sold the house.
Signed him up and never looked back.
TouringTeg
11-13-2015, 08:51 AM
^ Very good idea. The more you can learn about your prospective tenants the better.
Facebook, Linkedin, Instagram, calling employers and landlords (past and current), and credit check. I think it is reasonable to ask for resumes to see their work history etc.
frost91
11-13-2015, 09:37 AM
actually the 10 day notice to end tenancy for unpaid rent can be served on the door, if you wish to proceed, anything after that you have to pay for anyways and it's going to be sent by registered mail
i-vtecyo
11-13-2015, 10:01 AM
Im going to go to the tenancy branch today and see if I can get more information. Pissing me off by ignoring my calls and texts, probably have to serve the 1 month notice again on the door with the newspaper in the photo.
frost91
11-13-2015, 12:24 PM
if you have already served the 10 day notice for unpaid rent, its time to set it up and take the notice to the tenancy branch today and take action. pay and proceed with the next step
if your going to serve another notice and hope they leave, your just getting walked all over
do that or do what i originally said, pay them to get them fuck out
68style
11-13-2015, 01:09 PM
Talk about polar opposites and I don't entirely agree with the approach, but my buddy has lots of rental places in Arizona and if some jerkoff doesn't pay him rent he just tells his property manager guy down there and Mr. Carry/Conceal just drives on over, busts the door in and turfs them. Done and done.
If only we were somewhere in between that and the current bleeding Liberal BS, this stuff wouldn't happen.
SumAznGuy
11-13-2015, 01:32 PM
there was a user here before named "dinosaur" who was very familiar with the RTA, i think he dealt with the same type of tenants i deal with and he was very good at keeping detailed records and filing eviction notices. i can't seem to find his posts, maybe i am spelling his name wrong?
Dinosaur is his GF.
Guy you are referring to is Gridlock
Here's one of their stickied post.
http://www.revscene.net/forums/689031-so-you-want-landlord.html
Harvey Specter
11-13-2015, 07:27 PM
Another piece of advice I'll throw out there is if you buy a property and it's tenanted, ALWAYS get the seller to evict the tenant and only take possession after the tenet has left. Never buy a property with a tenant, even if the rent is good, because there's people out there that will list properties that have a bad tenant and want to dump their problems on someone else.
I just closed a deal for a condo in YT and forced the seller to evict the tenant, seller wasn't happy but I told my Realtor I would walk away from my offer if the seller didn't comply. Seller agreed and now I was told by my Realtor the tenant is pissed so it could have been a problematic tenant.
I think most people, good or bad, would be pissed about being evicted.
Lomac
11-13-2015, 07:46 PM
I just closed a deal for a condo in YT and forced the seller to evict the tenant, seller wasn't happy but I told my Realtor I would walk away from my offer if the seller didn't comply. Seller agreed and now I was told by my Realtor the tenant is pissed so it could have been a problematic tenant.
....or it could have been a decent tenant who happened to be pissed off about being told to move out during a time when that would have been the last thing on their mind.
Sorry, but that's a shitty piece of advice. Especially since I've been on the receiving end of a similar attempt. Didn't help that the request was against RTA rules, so I kindly told him to bugger off.
Harvey Specter
11-13-2015, 09:35 PM
Not sure how it's "shitty" advice when I'm talking from experience.
Gumby
11-13-2015, 10:38 PM
Another piece of advice I'll throw out there is if you buy a property and it's tenanted, ALWAYS get the seller to evict the tenant and only take possession after the tenet has left. Never buy a property with a tenant, even if the rent is good, because there's people out there that will list properties that have a bad tenant and want to dump their problems on someone else.
I just closed a deal for a condo in YT and forced the seller to evict the tenant, seller wasn't happy but I told my Realtor I would walk away from my offer if the seller didn't comply. Seller agreed and now I was told by my Realtor the tenant is pissed so it could have been a problematic tenant.
If you were interested in a property that had a tenant, maybe the better piece of advice would be to talk to the tenant to see if he/she was a dick. Then based on your impression, you could decide to put an offer or not.
quasi
11-14-2015, 06:39 AM
Another piece of advice I'll throw out there is if you buy a property and it's tenanted, ALWAYS get the seller to evict the tenant and only take possession after the tenet has left. Never buy a property with a tenant, even if the rent is good, because there's people out there that will list properties that have a bad tenant and want to dump their problems on someone else.
I just closed a deal for a condo in YT and forced the seller to evict the tenant, seller wasn't happy but I told my Realtor I would walk away from my offer if the seller didn't comply. Seller agreed and now I was told by my Realtor the tenant is pissed so it could have been a problematic tenant.
It also could have been a great tenant who's just pissed off there forced to find a new place, pack up all there stuff and move. I mean lets be honest what did you expect? The tenant doing cartwheels and high-fiving everyone in site because they just got evicted after their current landlord sold?
winson604
11-14-2015, 06:48 AM
So the seller never informed the tenant that they were selling the place until it was already sold lol real winners
Carl Johnson
11-14-2015, 09:06 AM
Another piece of advice I'll throw out there is if you buy a property and it's tenanted, ALWAYS get the seller to evict the tenant and only take possession after the tenet has left. Never buy a property with a tenant, even if the rent is good, because there's people out there that will list properties that have a bad tenant and want to dump their problems on someone else.
I just closed a deal for a condo in YT and forced the seller to evict the tenant, seller wasn't happy but I told my Realtor I would walk away from my offer if the seller didn't comply. Seller agreed and now I was told by my Realtor the tenant is pissed so it could have been a problematic tenant.
No shit the tenant is pissed. What else do you think would have happened? How about putting yourself in the shoe of the tenant after receiving a 2-month notice? oh wait, you can't because you have never heard of the a word called empathy.
SoNaRWaVe
11-14-2015, 10:51 AM
Another piece of advice I'll throw out there is if you buy a property and it's tenanted, ALWAYS get the seller to evict the tenant and only take possession after the tenet has left. Never buy a property with a tenant, even if the rent is good, because there's people out there that will list properties that have a bad tenant and want to dump their problems on someone else.
I just closed a deal for a condo in YT and forced the seller to evict the tenant, seller wasn't happy but I told my Realtor I would walk away from my offer if the seller didn't comply. Seller agreed and now I was told by my Realtor the tenant is pissed so it could have been a problematic tenant.
this could have been all be avoided if the landlord was transparent with the tenant. not mandatory, but would have been courteous. my landlord told me in summer of 2014 that the place would be up for sale and that we would be given 2 months notice when it happens. which falls in line with RTA rules. got the 2 month notice of march 2015. we were ready. win win for landlord, us, and new owner.
your situation makes me think that the tenant was never given the heads up nor properly received 2 months notice. and just because you have experience, it could still be shitty advice.
murd0c
11-14-2015, 11:05 AM
Dinosaur is his GF.
Guy you are referring to is Gridlock
Here's one of their stickied post.
http://www.revscene.net/forums/689031-so-you-want-landlord.html
I think Dino had a bigger dick then Gridlock
Harvey Specter
11-14-2015, 01:42 PM
this could have been all be avoided if the landlord was transparent with the tenant. not mandatory, but would have been courteous. my landlord told me in summer of 2014 that the place would be up for sale and that we would be given 2 months notice when it happens. which falls in line with RTA rules. got the 2 month notice of march 2015. we were ready. win win for landlord, us, and new owner.
your situation makes me think that the tenant was never given the heads up nor properly received 2 months notice. and just because you have experience, it could still be shitty advice.
Two month notice was provided but the back story is the tenant is month to month, has a sweet deal because the seller had no clue on renting his/her unit. Not only is the rent too low for the current market and for the unit but the seller provides free cable and pays for a parking spot so I assume the tenant thought I would take over the month to month agreement. This is probably the real reason why the tenant is pissed.
Mr.HappySilp
11-14-2015, 07:56 PM
No shit the tenant is pissed. What else do you think would have happened? How about putting yourself in the shoe of the tenant after receiving a 2-month notice? oh wait, you can't because you have never heard of the a word called empathy.
If you is given 2 month notice there no reason for him to be piss. He was told he needs to move, it was well within the rules and he had plenty of time to prepare.
Acura604
11-16-2015, 11:06 AM
same situation ...similar...tenant has some 'personal' issues that erupt in moments of rage. Friday night, I decided to stay in and chill with a movie...heard all this yelling and doors slamming, smashing from the suite.... decided to txt the tenant to give him 24hrs notice of inspection. Sunday 11am, went to check it out - in a fit of rage from that Friday night, he punched in the bathroom shower tiles...claiming he 'slipped'. Here's the thing, if I wasn't home and didn't hear all the commotion to warrant suspicion, I wouldn't have done the inspection and chances are he would not repair it. I've issued an ultimatum for immediate repair or face 30-day eviction due to damage to property. his left hand was all bandaged up and there were drops of blood on the laminate flooring in the living room.
he has issues with his wife - separated - and I'm sure there's some crazy stuff going on but so far in his 'fits' of rage:
1. broke shower door - I fixed it at my expense.
2. broke washroom towel rack - snapped it in 2 and still not fixed.
3. punched a small hole/dented the drywall again in the washroom.
4. the tiles as above.
once it is fixed, I will be forcing him out and no longer renting .
http://i.imgur.com/RoPdQtJ.jpg
meme405
11-16-2015, 12:46 PM
^Why is he always in the washroom when he has these fits?
Buddy trying to pass some kidney stones?
^Why is he always in the washroom when he has these fits?
Buddy trying to pass some kidney stones?
Lots of thinking going on in the bathroom
https://blog.bufferapp.com/why-we-have-our-best-ideas-in-the-shower-the-science-of-creativity
TouringTeg
11-16-2015, 07:46 PM
Acura604: I can't blame you for wanting to stop renting out your unit.
Some friends of mine have a basement suite and had three bad tenants in a row. They did very thorough background checks etc. One of my friends is RCMP which makes zero difference. Tenants have a lot of power. Things can go sideways in a hurry causing you a lot of stress, time and money. There is a reason why some suggest paying a tenant to leave.
My friends decided to turn their suite into a man cave / pool room with a guest room.
meowjinboo
11-16-2015, 08:28 PM
man im scared to be renting a place.
I`m moving out soon and I`ve been living int he same place for the last 15 years. D:
Harvey Specter
11-16-2015, 08:38 PM
The pool of tenants that want to rent basement suites in Vancouver is getting worst. In fact, I would stay away from renting out a basement suite unless you're 100% certain about the person that's moving in because it's one thing having a bad tenant say in a condo but it's another when you actually live in the same house.
And there is quicker way to proceed to the order of possession if you feel like you or your family is immediate danger. This falls under "special circumstances" and you can bypass giving a notice and go directly to dispute resolution but you will still need a paper trail and proof that the tenant is a danger to you or your family.
Good luck and hopefully the person moves out without going through the BS process.
danned
11-16-2015, 09:47 PM
especially people from china
talk loud, yell loud, (anytime, night or day) don`t feel like civilized at all
Manic!
11-16-2015, 10:04 PM
especially people from china
talk loud, yell loud, (anytime, night or day) don`t feel like civilized at all
Still way better than some drug dealer or addict.
Mr.HappySilp
11-16-2015, 10:20 PM
The pool of tenants that want to rent basement suites in Vancouver is getting worst. In fact, I would stay away from renting out a basement suite unless you're 100% certain about the person that's moving in because it's one thing having a bad tenant say in a condo but it's another when you actually live in the same house.
And there is quicker way to proceed to the order of possession if you feel like you or your family is immediate danger. This falls under "special circumstances" and you can bypass giving a notice and go directly to dispute resolution but you will still need a paper trail and proof that the tenant is a danger to you or your family.
Good luck and hopefully the person moves out without going through the BS process.
Depends I guess. We rent to a family of 5 (used to be just3). Mom then had 2 baby. I am sure they are pretty happy with the place since rent is pretty cheap $900 for a 2 bedroom. I am sure sometimes you hear kids yelling and crying but generally well mannered. I doubt they want to move since both parent's don't make a lot of money and need space for the kids toys and they have 2 cars (park on the street). Could we kick them out and increase the rent? Sure we could but we rather deal with a family who lived there for years and pays rent on time and have no complains then risk renting it and be stuck with a bad tenants.
ae101
11-16-2015, 10:33 PM
Not sure how it's "shitty" advice when I'm talking from experience.
u mean u have been evicted before :troll:
that was a joke since your avatar and user name is harvey specter
blkgsr
11-21-2015, 09:46 AM
my buddy just had to evict a guy out of his gastown area apartment in the second month for late payment and not responding....punched a hole in the door and left their shit all over the place. my buddy had 10 bags of garbage plus a ton of their expensive this they left behind
Gumby
11-21-2015, 10:16 AM
Depends I guess. We rent to a family of 5 (used to be just3). Mom then had 2 baby. I am sure they are pretty happy with the place since rent is pretty cheap $900 for a 2 bedroom. I am sure sometimes you hear kids yelling and crying but generally well mannered. I doubt they want to move since both parent's don't make a lot of money and need space for the kids toys and they have 2 cars (park on the street). Could we kick them out and increase the rent? Sure we could but we rather deal with a family who lived there for years and pays rent on time and have no complains then risk renting it and be stuck with a bad tenants.
Wow I guess your place is pretty big? Cuz 2 bedrooms for a family of 5 is pretty squishy. But if they're good tenants, then I'd want them to stay too.
Mr.HappySilp
11-21-2015, 12:27 PM
Wow I guess your place is pretty big? Cuz 2 bedrooms for a family of 5 is pretty squishy. But if they're good tenants, then I'd want them to stay too.
About 900 sq ft. They make due. I think the 2 boys share the same room. Mom, dad and the baby girl in another room. Humans are tough we can live in many suitations, Just look at HK family of 4 to 5 in a 500sq ft apartment. They live just fine.
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