PDA

View Full Version : Tenants don't pay rent and damage place



yellowsnow
04-04-2006, 11:36 AM
Hey, my in-laws just purchased an apartment complex on 17th, and they have 2 tenants that haven't paid rent for 2 months. Not only do they don't pay rent, but they damage the walls, furniture, heating ducts, etc.

How do they go about evicting them? I know they need to give them 14 days notice, but they're worried during the 14 days the tenants will gut the place apart. Can they call the cops and evict them immediately? the previous land lord didn't collect any damage deposit either. Is there anything they can do to recuperate the costs to repair the place, and outstanding rent? They also suspect these tenants are drug dealers cuz they use to pay with cash only, but that's all just speculation.

any advice would be great thanks

shawtie
04-04-2006, 11:43 AM
they havent payed for 2 months............Id kick them out on there ass in a flash.....with no notice

Nissanaddict
04-04-2006, 11:46 AM
Yeah. What does it say in the rental agreement about unpaid rent? I'd check, and see how quickly you evict them.

yellowsnow
04-04-2006, 12:00 PM
isn't there some laws that say you need to give them 14 days notice? there were exceptions.. like illegal activites, or something...

the previous landlord didn't really do anything, so i don't even know if they know where the rental agreements are!

shawtie
04-04-2006, 12:17 PM
if they arnt paying rent, they ar enot going by the lease are they....kick them out

call the landlord and tenent act and find out!

Moonracer
04-04-2006, 12:29 PM
You can start by checking out these links....
Residential tenancies act (http://www.canlii.org/ab/laws/sta/r-17/20041004/whole.html)
Then when you are ready to file documents Provincial court of alberta (http://www.albertacourts.ab.ca/go.aspx?tabid=412)

Toma
04-04-2006, 05:49 PM
To legally kick anyone out in Alberta, the court has to issue a writ of possession.... after the 14 day notice has expired. Damage to the premesis allows a 1 day eviction notice, but if they dont go, then you STILL have to go to court, and they only do landlord tenant stuff on Fridays.... then they typically give another week or 2, then you have to get a civil enforcement agency to boot them out... complete HORSE SHIT procedure IMHO

SO, you didn't hear this from me...
Wait till they are not home, get some buddy's, garbage bag all their shit, move all their crap it to the lawn or back alley and change the locks.

Then, stay in tha apartment. If they call the cops on you (they may not if they are fuckwads), show the cops a phony eviction notice dated 16 days ago. Something you supposedly wrote, threatening legal action if they dont move, clean up, yadda yadda... then say you drove by noticed them moving out, went back, saw they were gone and the place was "reasonably abandoned", so you changed the locks and started clean-up.

Cops will not get involved without witnesses, and they will not give them the place back. They may ask to see inside and verify they have nor personal belongings left in the place. But that is all they will do.

shawtie
04-04-2006, 05:56 PM
^^ go with that plan!!! good stuff

slick2404
04-04-2006, 05:56 PM
hahaha thats the best way to get someone out, i like your thinking. those clowns prob deserve somethin like that. But i'd be worried that they'll come back 2months down the road and tear up the place and its surroundings

typer0853
04-04-2006, 06:12 PM
If not already performed, I would recommend taking pictures to document the condition of the house. If you have pics before they moved in, even better...The pics would be evidence in case this somehow ends up in the courts. If you are taking pics now, make sure they are done legally.

Good Luck.

David

Manifesto55
04-04-2006, 06:30 PM
Originally posted by Toma
To legally kick anyone out in Alberta, the court has to issue a writ of possession.... after the 14 day notice has expired. Damage to the premesis allows a 1 day eviction notice, but if they dont go, then you STILL have to go to court, and they only do landlord tenant stuff on Fridays.... then they typically give another week or 2, then you have to get a civil enforcement agency to boot them out... complete HORSE SHIT procedure IMHO

SO, you didn't hear this from me...
Wait till they are not home, get some buddy's, garbage bag all their shit, move all their crap it to the lawn or back alley and change the locks.

Then, stay in tha apartment. If they call the cops on you (they may not if they are fuckwads), show the cops a phony eviction notice dated 16 days ago. Something you supposedly wrote, threatening legal action if they dont move, clean up, yadda yadda... then say you drove by noticed them moving out, went back, saw they were gone and the place was "reasonably abandoned", so you changed the locks and started clean-up.

Cops will not get involved without witnesses, and they will not give them the place back. They may ask to see inside and verify they have nor personal belongings left in the place. But that is all they will do.

I'd be careful with this one. A friend of mine rents out a place (okay it's in Quebec, but laws should be similar) he had some bad tennants (not paying rent, trashing the place, etc) and he basically pulled that scheme and moved them out when they weren't around. They called the cops and the POLICE forced him to let them back in until the eviction proceedings went through the court. He also tried cutting the power to their place (power was included in the unpaid rent) and they made him pay the electric bill too. Watch yourself, the law REALLY protects the tennant and if you're a tennant who doesn't care about your credit rating you're pretty much home free. Literally.

Toma
04-04-2006, 07:04 PM
^^^^

It does work here, and of course you have to be carefull....or you could get fucked lol.

I've never had to do it, but I know people that have had too as a proper eviction would have guaranteed MAJOR damage, and suing scumbags with no job is uselesss....

88CRXGUY
04-04-2006, 07:07 PM
I was watching the news a few nights back, and they were(the landors) talking about getting a blacklist together. A list of bad tendants and who not to rent too, I hope they do that....

Xtrema
04-05-2006, 08:07 AM
Originally posted by yellowsnow
Hey, my in-laws just purchased an apartment complex on 17th, and they have 2 tenants that haven't paid rent for 2 months.

That's why you don't buy properties with tenants. Also make it a condition that they leave. Sound like previous owner just want to pass on the problem.

Unfortunately, there isn't much you can do other than getting court order and calling cops. But sound like these tenants are low lifes crackheads, so going Toma's way may get you hurt.

1) Don't buy properties with tenants in it.

2) Don't rent to low lifes, I rather go 6 months without rent than rent to random people.

Rockski
04-05-2006, 08:09 AM
if they havent paid rent, call the cops, tell them that theres squatters in your appartment

Alex_FORD
04-05-2006, 02:00 PM
lets get something clear:
If the previous owners allowed them to live there for 2 months without paying, that is their problem. You probably arent entitled to that money, nor do you have any legal claim to it. So dont even dream of evicting them based on this money.

IF, the new owners allowed them to live there for 2 months wihtout paying, that is bad business on their part.

The ethical thing to do do, is give them the conviction notice based on their current violation of the lease agreement.



then, if you have to go in and 'move' them out, I applaud you.

BlackArcher101
04-05-2006, 06:27 PM
Question..... do they even have a lease or did the previous owner just let them live there.

If they don't even have a signed rental agreement, I'd kick them out in 5 minutes.

yellowsnow
04-06-2006, 06:40 PM
Sorry all, i don't have more info yet. I'll talk to the in-laws later... but it seems eviction notices have been sent out. So hopefully these junkies won't trash the place in the 14 days they're allowed to stay.

Here's to happy landlords and good tenants!

Mar
04-06-2006, 09:16 PM
I think they're only considered a tenant of the building if they're paying rent to live in the building. So once they stop paying rent, I don't think the eviction rules apply and you can just change the locks. They'll come back, won't be able to get in, they'll call you, and you have a cop present while they bag up their shit.

moeman
04-06-2006, 11:00 PM
First of all, if they're not paying rent this would apply:


Termination for substantial breach by tenant

29(1) If a tenant commits a substantial breach of a residential tenancy agreement, the landlord may apply to a court to terminate the tenancy or may terminate the tenancy by serving the tenant with a notice at least 14 days before the day that the tenancy is to terminate.

(2) The notice must

(a) be in writing,

(b) be signed by the landlord or the landlordís agent,

(c) set out separately

(i) the rent due as of the date of the notice, and

(ii) any additional rent that may become due during the notice period,

(d) set out the reasons for the termination, and

(e) set out the termination date.

(3) Where a landlord terminates a tenancy for non‑payment of rent, the notice to terminate must state that the tenancy will not be terminated if, on or before the termination date specified in the notice, the tenant pays the rent due and any additional rent that has become due under the residential tenancy agreement as of the date of payment.

(4) A notice to terminate under this section is ineffective if, before the termination date given in the notice, the tenant

(a) pays all rent due as of the date of payment, if the alleged breach is a failure to pay rent, or

(b) serves the landlord with a notice in writing objecting to the termination that sets out the tenantís reasons for objecting, if the alleged breach is other than a failure to pay rent.





But, if they've also damaged the property you have this to try:


Termination of tenancy for damage or assault

30(1) Notwithstanding section 29, if a tenant has

(a) done or permitted significant damage to the residential premises, the common areas or the property of which they form a part, or

(b) physically assaulted or threatened to physically assault the landlord or another tenant,

the landlord may apply to a court to terminate the tenancy or may terminate the tenancy by serving the tenant with a notice at least 24 hours before the time that the tenancy is to terminate.

(2) The notice must

(a) be in writing,

(b) be signed by the landlord or the landlordís agent,

(c) set out the reasons for the termination, and

(d) set out the time and date that the tenancy is to terminate.

(3) If a landlord terminates a tenancy by serving a notice under subsection (1) and the tenant has not vacated the premises by the time and date set out in the notice, the landlord may within 10 days after the termination date apply to a court for an order confirming the termination of the tenancy and for any remedy that may be granted under section 26.

(4) An application under subsection (3) must be supported by an affidavit setting out the following:

(a) details of the damage or physical assault or threat;

(b) a copy of the notice to terminate and the time and date it was served.

(5) If the landlord has not applied to a court to confirm the termination of the tenancy within 10 days after the termination date and the tenant has not vacated the premises, the termination of the tenancy by notice of the landlord is ineffective and the tenancy is deemed never to have been terminated by notice of the landlord under this section.

(6) A court may grant an order confirming the termination of the tenancy if satisfied that the tenant has done or permitted significant damage or committed the assault or threat referred to in subsection (1).

(7) If a court is not satisfied that the tenant has done or permitted significant damage or committed the assault or threat referred to in subsection (1), the court may declare the termination of the tenancy by notice of the landlord to be ineffective and the tenancy is deemed never to have been terminated by notice of the landlord under this section.



If you use this method you have to ensure they are gone within 24 hours and if not, immediately apply for a court order and ask for what you think you're entitled to under section 26 (see below).

And if they haven't threatened you with physical assault yet, they might once you tell them they're being evicted tomorrow ;).




Landlordís remedies

26(1) If a tenant commits a breach of a residential tenancy agreement, the landlord may apply to a court for one or more of the following remedies:

(a) where the breach consists of non‑payment of rent, recovery of arrears of rent;

(b) where the breach consists of failing to give up possession of the residential premises,

(i) recovery of possession of the premises from the overholding tenant, and

(ii) recovery of compensation for the use and occupation of the premises by the overholding tenant;

(c) where the breach is a substantial breach, termination of the tenancy;

(d) recovery of damages resulting from the breach.

(2) An application under subsection (1) must be supported by an affidavit setting out the following:

(a) if a claim is made for the recovery of arrears of rent, the amount of rent in arrears and the time during which it has been in arrears;

(b) if a claim is made for the recovery of damages resulting from a breach of the residential tenancy agreement, the details of the breach and the amount of damages claimed;

(c) if a claim is made for the recovery of compensation for the use and occupation of premises by an overholding tenant,

(i) the date of the expiration of the tenancy or, if the tenancy was terminated, the method of termination and the effective date of the termination,

(ii) the reasons for the tenantís failure to vacate the premises, to the extent known,

(iii) the nature of the use and occupation by the overholding tenant, to the extent known,

(iv) the rent payable under the prior tenancy agreement, and

(v) the amount of compensation claimed;

(d) if a claim is made for the recovery of possession of the premises from an overholding tenant,

(i) the date of the expiration of the tenancy or, if the tenancy was terminated, the method of termination and the effective date of the termination, and

(ii) the reasons for the tenantís failure to vacate the premises, to the extent known;

(e) if a claim is made for the termination of the tenancy by reason of a substantial breach of the tenancy agreement, the details of the breach and the requested termination date.

bonedavid
04-06-2006, 11:17 PM
:devil: 's advocate

they may not know who to pay rent to (being new owners and all)

firstly..go and talk to them about the situation.
ask about the damage and take pictures...was the damage done beforehand by previous tennants??

if that fails

:banghead:

evict them as stated above.:guns: :guns: :guns:

shouting"GET ORF MY LAND"

michel2495
11-04-2009, 11:10 PM
:guns: I would like to shoot a couple of my tenants!!!

I bought a 10 unit apartment building in New Brunswick, and really I thought i waz the best investment that I could do, and I still think it was revenue and expenses where low and I got a good deal on it.... MMMM A couple of months after I bought it, me and my wife where wondering how come we got it so cheap?

Dont be fooled, we where the reason most of the tenants did not pay their rents on time and a couple of them did not even pay! So I spent 4 months to try to evict them but in New Brunswick property Owners dont have a chance to evict them without paying the rentals men office 144$ to evict them, they would pay just enought so I could not evict.

I change the lock on one of the units one dayfed up of all that redtape shit, then I got a call from the rentals men office saying to me it was illegal to do that.

Finnally got rid of the four tenants after one and a half years down the road, and more then 2 000.00 $$ to get rid of them.

Whent and paid big bucks to screen the new tenants, but then rented one of the apartments to a women and her son, then all my problems started all over again, that kids made camps fires in the hydro room, tried to enter a cople of tenants apartment ect... Got them trown out by the police, then that fuc....in rentals men office called me back saying it was illegal to trow them out, but this time I was smart, paid a lawer got a restricting order put on that kid , he couldnt approach my building more than 1500 feet!

So now I'm 2 years down the road, all these tenants owes me more than 12 months all together in past due rents, putting on my head the stress of recouperating all the rents due to me and my wife.

Was looking on the internet one night inlate September 09, found this company called Building Owners Alliances of Canada, :eek: I should have looked earlier for something to help us out before, they recouped for me at 15% my cost 6 out of 12 months due to me, and I think they will be able to get the rest soon. They wheir really nice and explained to me what the company could offer to help me out, they wheir talking to me about an Indemnity Fund, basically they calculate with the tenant score and credit rating, how much that it could cost me per unit, they have a form that you can use to send your tenant which I used, that tells the tenants (12 month lease) that their rent will increase $25 in 90 days, and the monthly tenant 30 days. They pay me and they collect the tenant but I know they will never be able to collect them, fucking free loaders!!!!!!

So from now on if they dont pay, fuckem out on their ass from now on , the Alliance will pay for them but they will get evicted for sure becaus I dont give a shit , of being scared not having my rent. This company has really taken our stress and bringing back happyness in our house hold. The best 249$ investment we have done since we own the place.

We applied to the indemnity fund on October 1st, sent out the rent increase to all my tenants so this fund wheir not paying for it the tenant is!!! They pay for it and I get a nice tax deduction, cant ask for nothing better. So all you property owners check out these guys over at the Alliance, I'm sure they will be a big outfitt soon :thumbsup: www.apic-boac.com Be smart checkem out dont cost you anything for information and they are across Canada too!

BigMass
11-04-2009, 11:36 PM
this man is willing to help... for a price
http://www.gonemovies.com/www/wanadoofilms/western/unforgiven2.jpg

7thgenvic
11-04-2009, 11:40 PM
call them up...see what their deal is...ask them for rent...wait till they leave and do what toma said...

FraserB
11-04-2009, 11:54 PM
If they have a nice TV or some other stuff I'll buy it to help you get some rent money back.

BerserkerCatSplat
11-05-2009, 12:45 AM
This thread is three and a half years old! One would hope the OP has his tenant issues figured out by now...