tenants: how much notice

[gkAeris]

hi i recently bought a condo, that has current residents in it.

now the old owner JUST told the current teanants that she is selling the place, they weren't very happy already, she likes the place

but there lease is up on april 1st and my possesion is april 1st. they have been in there for 1 year so they have alot of stuff there...

how much notice do i need to give them to move there stuff out? it is already march 20th, 2006 and last i spoke to them they didn't even have time to start looking for another place to move out.

and if i do give them till the end of next months do i get to collect another month's rent from them? and again as stated they not too happy that they weren't given notice, what if they trash the place.....?

[Gspotracer]

you should have made it a condition of your purchase that the tenants would be out by a certain date(your possesion date would have been best)

[2002civic]

yeah dont take possesion of the house until the teanants are out, you dont want them to rent it and stuff after you own it or you'll be respinsible for damages they cause

[G]

Call Calgary Apartment Association http://www.calapt.org/ they will tell you where you stand.

[shakalaka]

Deffinately don't take the possession of the place unless the old owner gets them to vacate it. Cauz the tennants are in contract with the old owner and not you. Usually its's a month's notice, unless it specifies another time period in the contract. If you do take possession and they can't move yet in the time, you can take another months rent from them and give them that months notice. That should give them ample time to move on, and if they do trash the space I am sure in the contract there has to be a term which states in that case they are liable to pay the damages. But then again that contract is only valid till the time old owner owns the place and once you take possession that contract becomes voidable. Even though not void but they can argue in the court of law that the contract is voidable since the actual contract wasn't made with you.

[legendboy]

IF the tenants are on a lease, it is up to them to enquire to their landlord to find out if they can stay for another lease term prior to their lease expiring. (prior meaning enough time before, that if the landlord will not renew their lease they have time to make other plans)

If they do nothing, by law, the tenants are expected to vacate the premises on the day their lease expires.

So (your) new tenants must be out of the condo, by law, april 1st. You could have them removed by the cps on that date.

You are not bound legally to give them 30 or 90 days notice. I would call them up and tell them sorry but your moving in. Or you could be nice and charge them a months mortgage payment and let them stay until they find a new place. you will have to work some issues out with your home insurance company tho.

Either way it was very unprofessional of the person you bought from (and their agent) to not give his tenants much notice.


IF they are not in a lease but renting month to month it is a whole different senario.

this is all from the horses mouth.

[gkAeris]

thansk for all the input, i really also need some where to stay so i might ask them nicely to leave as that is when i have possesion,

but IF they do trash the place i have no laws binding them to pay for it eh?

[legendboy]

Originally posted by gkAeris
but IF they do trash the place i have no laws binding them to pay for it eh?

you should be able to work something out with home insurance as long as you tell your insurer what is going on and cover your ass

[shakalaka]

Originally posted by gkAeris
thansk for all the input, i really also need some where to stay so i might ask them nicely to leave as that is when i have possesion,

but IF they do trash the place i have no laws binding them to pay for it eh?
You can always sue them for the damages under law of tort. Not really in contract since they are in no way in contract with you, just the old owner.

[2002civic]

Originally posted by gkAeris
thansk for all the input, i really also need some where to stay so i might ask them nicely to leave as that is when i have possesion,

but IF they do trash the place i have no laws binding them to pay for it eh?
have the possesion date a day after they move out and do an inspection at that time....that way they will be gone before you officially purchase the house, that is assuming in your contract you stated it is subject to an inspection...

[gkAeris]

Originally posted by legendboy
IF the tenants are on a lease, it is up to them to enquire to their landlord to find out if they can stay for another lease term prior to their lease expiring. (prior meaning enough time before, that if the landlord will not renew their lease they have time to make other plans)

If they do nothing, by law, the tenants are expected to vacate the premises on the day their lease expires.

So (your) new tenants must be out of the condo, by law, april 1st. You could have them removed by the cps on that date.

You are not bound legally to give them 30 or 90 days notice. I would call them up and tell them sorry but your moving in. Or you could be nice and charge them a months mortgage payment and let them stay until they find a new place. you will have to work some issues out with your home insurance company tho.


ok, so i called her and she said that the previous owner 2 weeks ago agreed to another one year lease, and then last week i purchase the condo, and she told them that she sold it to me! does that change the fact. i konw it's the previous owner fault, she just changed her mind on them but told them to clean up the house cuz she is selling it, on top of that they have a communication barrier cuz the old owner was chinese can't speak a word of english and the tenants are caucasian. She never given them written notice to leave

bascially she has no where to go and she also said that there is some tenant act saying that i have to give her 3 months notice to move....

honestly i really want this place, but i dont know how to kcik her out by april 1st and if i'm allowed to kcik her out.

[gkAeris]

Originally posted by 2002civic

have the possesion date a day after they move out and do an inspection at that time....that way they will be gone before you officially purchase the house, that is assuming in your contract you stated it is subject to an inspection...

too late, it's already legally my condo...but has some tenants in it till april 1st.....how do i get them to move out!

[Weapon_R]

Originally posted by gkAeris


too late, it's already legally my condo...but has some tenants in it till april 1st.....how do i get them to move out!


A fixed term tenancy ends automatically at the end of the term that you agreed to326. If the tenancy was from January 1st, 2001 until December 31st, 2001, it will end on December 31st, 2001. If the landlord and tenant have not made provision for the exact time the tenancy is to end, it will end at 12 noon on the last day of the tenancy.

That said, you shouldn't be completely heartless and kick someone out of the house with 11 days notice, especially if it wasn't their fault.

[GoChris]

Originally posted by gkAeris


too late, it's already legally my condo...but has some tenants in it till april 1st.....how do i get them to move out!

call the cops? :dunno:

[moeman]

Yet another example of why you should always use a realtor, especially when buying. Any realtor worth his/her salt would have covered your butt and you wouldn't be facing this headache.

Also, who has the security deposit?

[max_boost]

Just give them 30 days notice. Make sure you get some damage deposit while you are at it (along with the rent of course).

This is really important, make sure you have everything in writing.

[HRD2PLZ]

Originally posted by moeman
Yet another example of why you should always use a realtor, especially when buying. Any realtor worth his/her salt would have covered your butt and you wouldn't be facing this headache.

Also, who has the security deposit?

:werd:

Did you use a Realtor? If so you might have some recourse. If not, there isn' t much you can do. Unfortunately the owner had agreed to renew their term. Usually if someone is buying a property currently occupied by tenants, the owner will pass on to the new owner a copy of the tenancy agreement.

[2002civic]

yeah what a dum kunt for aggreeing to another year and sleling it to them, i think by law they are allowed 3 months now even if it was sold to you.. i could be wrong however

[Alex_FORD]

When there is no fault of the tenants, they have the right to receive proper notice - NO MATTER WHO BUYS THE CONDO. I know this really sucks for you, but it is designed to protect tenants from shitty deals.

I beleive that proper notice for the tenants is either 2 or 3 months.

BTW, if the seller is sticking you with a tenant, you are entitled to hold the tenants damage deposit instead of the previous owner. You are also entitled to the rent that is collected after change of ownership.

[legendboy]

ya Gail i think your realitor fucked up big time. he should have been on top of things like this. you should report him to the realestate board. i donno, one of the 2 realitors fucked up.

legally your actually stuck with your tenants for the full term of their lease.

you need to get copies of the lease they signed with the previous owner.

and get ready to be a landlord for the next year!

[gkAeris]

ya i think i'll just sit on the property and earn money i guess, nothing else i can do and it's not bad,

i think i should increase rent though i mean, with the increase of the condo isn't it fair that i increase rent?

[legendboy]

you can't even do that until their lease is up lol :(

[Altezza]

Here are a couple points to consider:

- Even though the tenants may be required to vacate by the end of their agreed lease, having a court order to have them evicted can get expensive; add in bailif fees and it can add up to even more

- The previous owner has allegedly agreed to one more year lease for the tenants; is there any documentation to support this? Does the tenant have a signed renewed lease in hand?

[legendboy]

^ yes that is the key, if infact she does have a signed lease, then its solid, however if no paper work exists then there is no lease and she has to leave.

[Moonracer]

The tennants don't have a 1 yr. lease with you, the new owner, it's with the old owner. If there was nothing in the contract you signed about the current tennants remaining there then you should be off the hook as far as they are concerned. Or call this # 228-1722 for a free 1/2 hr. worth of leagal advice. I got that # directly from provincial court. :D

[gkAeris]

Originally posted by Altezza
Here are a couple points to consider:



- The previous owner has allegedly agreed to one more year lease for the tenants; is there any documentation to support this? Does the tenant have a signed renewed lease in hand?


no documents, it was verbal, again there is a communication barrier cuz the orginal owner is chinese!

[gkAeris]

Originally posted by legendboy
you can't even do that until their lease is up lol :(

lease is up april 1st, so hopefully i'll get them to pay more for the rent, cuz i mean the old price was decided last year, with real estate going up it's only fair? do you guys think so? right now they pay $850, i was thinking $950, how much is it? usually for rent

my mortgage is about $1000, also do tenants pay there own condo fees or do i include that in my rent price?

[Moonracer]

Originally posted by gkAeris



no documents, it was verbal, again there is a communication barrier cuz the orginal owner is chinese!

No documents!!!! haha :clap:

[calgarygts]

For rent I just bought a condo in connaught and my roommate is paying 450/month plus half the bills which we both think is fair. My mortgage is around 1000/month plus condo fees and taxes. Most people I've told thought this was a great deal for the roommate. Depends on location and the place too though. My place is very close to downtown where we both work and is around 900sq/ft.

[legendboy]

well you might as well move into your new condo then, just tell her she has to make some other arrangements.

[gkAeris]

Originally posted by calgarygts
For rent I just bought a condo in connaught and my roommate is paying 450/month plus half the bills which we both think is fair. My mortgage is around 1000/month plus condo fees and taxes. Most people I've told thought this was a great deal for the roommate. Depends on location and the place too though. My place is very close to downtown where we both work and is around 900sq/ft.

ya the place is in tuxedo it's 904sq ft, 1 bed + 1 den (which is big enough to be a 2nd bed), 1.5 washroom, she is currently paying $850 including condo fees which are $175, no wonder she doesn't want to leave!

i think if she pays the condo fees on top of her rent that is fair, so $850+$175= $1025, but she doesnt think it is, i mean i purchased the condo for $190k......

[Altezza]

No documents means no lease. Although it is short notice for her to leave, that's not your fault. The lease is up April 1st. The current tenant should have been on top of getting a new lease signed if she intended to stay or finding a new place if she intended to leave. It is up to her to make sure this is done before the old lease expires. Not much forward thinking on her part. Just tell her that you'll honor any existing signed lease agreements between her and the old owner. Since there is no new lease agreement, you're fine. Just make sure the old owner doesn't screw you and backdate a lease agreement with the current occupant.

[Weapon_R]

Just make her pay the $1000 for April, but have an eviction notice ready to go so you can move in by May.

[gkAeris]

Originally posted by Weapon_R
Just make her pay the $1000 for April, but have an eviction notice ready to go so you can move in by May.


or i can move in cuz i really want this place! haha looks like i'm right in the situation and she is SOL for a place to live.....

[Moonracer]

Call that number gail. They should have answers for you

[G]

Good read http://www.acjnet.org/docs/landten/LTGuideNov04.pdf

Read page 30

[gkAeris]

Originally posted by G
Good read http://www.acjnet.org/docs/landten/LTGuideNov04.pdf

Read page 30

no tendancy agreement with me though, what is a tendancy agreement haha

[Das_Amaretto]

Since there's no lease agreement for the verbal 1 year extention, it is heresey and and court will find in your favor.

Fact is, her lease expired, and since she did nothing to secure herself another year there -in writing- she is automatically on month-to-month, and therefore is entitled to 3 months notice.

So, write her notice to leave in 3 months, increase the rent to $1000 including condo fees, give it to her BEFORE the 1st, and move into yr place July 1st with 3 months free equity! :thumbsup:

All yr other questions can be answered in these sites:

http://www.law-faqs.org/ab/lt-out01.htm

http://www.cmhc-schl.gc.ca/en/co/reho/yogureho/fash/fash_001.cfm

[gkAeris]

update:

so we sold the condo, our new contract with the tenants expire September 1st, 2006 do we need to give them written notice, and if so how much notice?

Also, can it be verbal notice? and there is only less than 2 months left till sept 1

[Thaco]

Originally posted by gkAeris
update:

so we sold the condo, our new contract with the tenants expire September 1st, 2006 do we need to give them written notice, and if so how much notice?

Also, can it be verbal notice? and there is only less than 2 months left till sept 1

Just write them a letter and give it to them (make sure you hand it directly to them, and keep a copy for yourself, so they can't say they never received it.

[ga16i]

Originally posted by Thaco


Just write them a letter and give it to them (make sure you hand it directly to them, and keep a copy for yourself, so they can't say they never received it.

How does that prevent them from saying they never received it? That just shows that YOU have a copy :dunno:
Registered mail FTW mang :thumbsup: