Tenant won't move out!!

[yellowsnow]

So I've been renting out my condo for the last year to this guy, and overall he's been good.. pays me on time, not very many problems. However, he told me today he can't find another place to stay!

I gave him 3 months notice... He was originally suppose to move on September 1st, but he gave me the same excuse, saying he can't find a place.. so I gave him another month to look.. no big deal.

But now, after another month he gives me the same story! I know the rental market is tough right now, but shit this guy doesn't seem to ever want to leave. I've raised his rent $300 for September, I'll probably raise it another $300.

Is there any way I can get this guy out by Oct 1st?? He signed a contract saying he would leave on Oct 1st and everything. I don't want to drag this to court, because by the time i get a court date, another month would've passed anyway. Plus I don't want him to damage any of my stuff.

Anyone with experience in these issues? No, I can't call the cops and just evict them. I need a court order, which would take another month to obtain I think.

What a jackass, I've been nice and let him stay an extra month already! I have everything arranged to move already, my deliveries/moving company are going to be all ready next week!!! Now he lays this on me a week before his moving date... dumbass prick.

If I raise the rent another $300 and he refuses to pay, can I evict him faster that way? What's the procedure on this?

Thanks

[SinisterProbeGt]

look into the calgary housing auth.
there is the in keepers act (more for hotels)
and the landlord tentant act.
you can raise his rent alot more I think depends on your overhead and deals pending.
but if you riase his rent I think you may evict in 10 or 14 days for non payment.
but this does not mean he has to leave. he can dispute your eviction notice and it can drag on.
go to tribunal and so on...

Raise it 600 and tell him the rent increases to $5000.00 a month Oct 01 and give him the right to 1st refuseal.

[Crymson]

When he signed a contract saying he would leave on october. that is ALSO your contract for him to stay until october. You're breaking your word, not him.

[94SSEi]

Originally posted by Crymson
When he signed a contract saying he would leave on october. that is ALSO your contract for him to stay until october. You're breaking your word, not him.

He's fine with the guy staying until the 1st, but the guy is giving him the same excuse to try and stay past the 1st. Read.

[yellowsnow]

Originally posted by Crymson
When he signed a contract saying he would leave on october. that is ALSO your contract for him to stay until october. You're breaking your word, not him.

NO. If you read it properly, it says he would leave by October 1st, 2006. Actually, it probably reads September 30th, 2006.

[yellowsnow]

Isn't there something saying you have to give 6 months notice if you want to raise the rent?

I'm sure it's classified as monthly rent. Hotels are daily rentals, so I don't think I can use those acts =/

damn tenants, what a pain in the arse.

[Crymson]

Yah, I read it proper. He has to leave on October 1st. Sounds like you hasseled him to leave early though.

If he's on a year's lease, which is what it sounds like, if it's in his contract to leave on october 1st, you have a fixed term contract which means it ends when it ends, and you can only raise the rent if it says youre allowed to in the contract.

If he pays monthy, with no definate end to the contract, he has a periodic tenancy, and to raise the rent, you need to give him 3 months notice, In writing, and 6 months have to pass before you can raise it again. So by raising the rent in september, you can't raise it again until april.

He has to give you notice he's not going to accept the rent, before the date that the rent is said to go into affect, otherwize in the eye's of the law, that's considered his acceptance of the new rent.

You can't evict a periodic tenant because you feel like it, unless he's significant breached his contract, or done damage to the premesis, otherwise, you have to give him 3 months notice In writing.

However, it sounds like you've been on the ball provided the notices were written, and are getting burned by beinga decent guy. For one thing, you can't raise the rent again, but i think you can get rid of the guy, but how to do that, i don't know -- you're in the right though.

[HHURICANE1]

The only way to get rid of a tenant who doesn't want to leave is to get a court order and if he does not leave by the ordered date you then have to bring in the sherrifs office to enforce the eviction. You can't just go in and remove his belongings even though you have an order or he has stayed past his date of vacancy. It's pretty much all in the tenants favour and a total bitch to get rid of a tenant. I know someone who had to go through all this. Took months to get them out of the place.

[BlackArcher101]

Technically, his tenancy agreement will end Sept 30,

I'm guessing.... but wouldn't raising his rent simply just imply that you are agreeing to an extension.

Once Sept 30 passes, he is classified as an Overholding Tenant since he breached the tenancy agreement by failing to give up possession of the apartment. You are eligible for monetary damages this may cause you, up to $25,000.

The only way you are going to get him out of there is to go to court.

Read this: (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.


So... if you don't apply to the court before Sept 10, then the tenant is assumed to have an active tenancy. You need an order called "Recovery of possession of residential premises". Failing to moce out is a substantial breach of the agreement, and thus you can give 14 days warning of eviction after he fails to move out again.

Now, you can try the rent thing and drive him out. No limit on the increase, but you can only raise it twice a year, with at least 6 months between raises, and give at least 3 months warning. So raising rent right now is illegal and you have to wait until March (6 months between!).

[al-ti2d]

Originally posted by BlackArcher101
So... if you don't apply to the court before Sept 10, then the tenant is assumed to have an active tenancy. You need an order called "Recovery of possession of residential premises". Failing to moce out is a substantial breach of the agreement, and thus you can give 14 days warning of eviction after he fails to move out again.

don't you mean before October 10th?

[yellowsnow]

Actually the year lease ended August 31, 2006. I was nice and let him stay another month because he couldn't find a place. I gave him 3 months notice prior to that. So I'm not evicting him because 'i just feel like it'. His lease has expired, but he won't move out.

Originally posted by Crymson
Yah, I read it proper. He has to leave on October 1st. Sounds like you hasseled him to leave early though.

If he's on a year's lease, which is what it sounds like, if it's in his contract to leave on october 1st, you have a fixed term contract which means it ends when it ends, and you can only raise the rent if it says youre allowed to in the contract.

If he pays monthy, with no definate end to the contract, he has a periodic tenancy, and to raise the rent, you need to give him 3 months notice, In writing, and 6 months have to pass before you can raise it again. So by raising the rent in september, you can't raise it again until april.

He has to give you notice he's not going to accept the rent, before the date that the rent is said to go into affect, otherwize in the eye's of the law, that's considered his acceptance of the new rent.

You can't evict a periodic tenant because you feel like it, unless he's significant breached his contract, or done damage to the premesis, otherwise, you have to give him 3 months notice In writing.

However, it sounds like you've been on the ball provided the notices were written, and are getting burned by beinga decent guy. For one thing, you can't raise the rent again, but i think you can get rid of the guy, but how to do that, i don't know -- you're in the right though.

[Crymson]

That makes sense.

The only thing is that if you accept payment at the end of an expired lease, that consititues an acceptance of the tenancy turning from fixed to periodic, so by being a nice guy, you may have, in the eyes of the tenancy act, shot yourself in the foot pretty hard.

[Pihsiak]

give him the 14 days eviction notice, and then change the locks.

put all his stuff into a storage for 30 days, if he doesn't come back for them. Garage Sale.

Under some circumstance, you can hold on to the damage deposit.
You can say because he is not moving out has caused you to loose a month's worth of finding a potential new renter of the unit or somthing like that.

[atomic]

maybe he can't find a new place because you keep raising his f'n rent and he can't afford to save the cash to get out.

[Pihsiak]

Originally posted by atomic
maybe he can't find a new place because you keep raising his f'n rent and he can't afford to save the cash to get out.

That's the dumbest thing I've ever heard.
The guy gave him 3 months notice and an extra month
That is legal and a reasonable amount of time for him to pick up the damn news paper or fire up the computer and go to one of those websites with rental listings.

[yellowsnow]

Originally posted by atomic
maybe he can't find a new place because you keep raising his f'n rent and he can't afford to save the cash to get out.

lol, hit a nerve did I? Your landlord kick you out too? If you can read, I gave him plenty of notice, and ONLY raised the rent after his lease expired on Aug 30.

[topmade]

I thought there was something where you can't increase the rent within 6 months time of the last time you increased it?

Evicting someone is a pain in the butt. Maybe try tricking the guy and start showing the place to fake clients like your friends or family. Because as of October 1st you can basically walk in and don't have to give him any notice because he's supposed to be out already.

[netwise]

Some of the information here is good, and right, can't dispute that. I'm from Edmonton, and some of it I recognize from how things work up her.e

the best advice any of us can give you though, is check with the Housing Authority or Landlord and Tenant Advisory Board, whatever its called in Calgary. Anecdotal evidence from the 'laywers' here, myself included may just get you in trouble.

[blitz]

Originally posted by Pihsiak
give him the 14 days eviction notice, and then change the locks.

put all his stuff into a storage for 30 days, if he doesn't come back for them. Garage Sale.

Under some circumstance, you can hold on to the damage deposit.
You can say because he is not moving out has caused you to loose a month's worth of finding a potential new renter of the unit or somthing like that.

Do you have a key to the condo? Why not do this when he's not home?

[GQBalla]

this reminds me of the a story i saw on the news - a cracked out prostitute wouldn't leave the place she was renting and wouldn't pay