Landlord/Tenant Question. Please Help.

[Kona9]

Well, There has come a time where I need some proper information regarding a situation I am in.

My landlord has left me in charge of the home I live in as somewhat of a management figure when it comes to maintenance and getting myself a room mate as well as getting tenants for the basement.

Unfortunately the room mate I have right now is.....well....politically correct would be...not working out WHATSOEVER!!

In a verbal conversation between myself and my room mate he stated things were not working out and he wanted to leave before the end of the signed lease agreement. Personally I am all for it. The sooner the better. However it is not my house. I spoke with the landlord and explained everything in great detail. He agrees that he should leave and that May 1st would be fine. He is not even charging him for leaving the lease agreement early, and provided he qualifies for his DD return, he will get that as well.

The problem comes where now he is saying that May 1 is no longer enough time for him. I have laready found a new room mate that is available for the May 1 move in.

My question is......How much time does the landlord need legally to technically evict my room mate from the home? Can he still ask him to leave by May 1?

I just want the little inconsiderate, lazy POS outta here. The landlord feels my pain.

Any landlords out there that know this?

[Weapon_R]

Since he's on the lease, you technically can only evict him for a breach of that agreement. Even then, depending on the breach, you need to give him written notice with ample time to move. Since you did not do that, he still does not HAVE to leave until you do.

[Rat Fink]

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[Kona9]

The only thing we signed was the lease agreement up until Aug 1/08.

The guy is a fuckin PIG! I am sick of cleaning up after him. I have a deal set with the landlord that on his dollar, I renovate the place while I live here. He pays me for my efforts as well as gives us a deal on the rent.

I have written a letter on behalf of myself as well as the landlord that he is to be out May 1st/08. As approved by the landlord. (The email was sent to the room mate as well as the landlord.)

I have been nothing short of fair and mature about every lilttle thing that has occured regarding our living situation. He just doesn't care.

Bottom line is, I live clean and tidy. He does not. I ALWAYS pick up after him as if I don't, he never will. My polite and professional requests for him to tidy up go completely unanswered. Throwing beer bottles in the front yard and leaving them there for 5 days at a time is unnacceptable.


Not to mention, in order for me to renovate the upstairs where he lives, there kind of needs to not be any furniture there so I can tear up the old floor and lay the new stuff, paint, reno the washroom etc.

This is getting annoying!! UGH

[TomcoPDR]

There's no way you're going to get him (roommate) out by May 1 if he knows his Residential Tenancy Act. (i.e. if it's 1 yr lease you're stuck, if it's month2month that's 90 days, even if the landlord issues a 14 day notice for non-payment that'll drag on till June-July with small claims and not economical)

Only "reasonable" way to get him out by OP's date within 24 hours notice is: (somehow he does, or maybe "encourage" him to)

- (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 assulated the landlord or other tenants.

Section 23.1 Alberta R.T.A. for ppl saying I make retarded posts

[Kona9]

Originally posted by TomcoPDR
There's no way you're going to get him (roommate) out by May 1 if he knows his Residential Tenancy Act. (i.e. if it's 1 yr lease you're stuck, if it's month2month that's 90 days, even if the landlord issues a 14 day notice for non-payment that'll drag on till June-July with small claims and not economical)

Only "reasonable" way to get him out by OP's date within 24 hours notice is: (somehow he does, or maybe "encourage" him to)

- (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 assulated the landlord or other tenants.

Section 23.1 Alberta R.T.A. for ppl saying I make retarded posts

Thank you Tomco!

I just had a decent conversation with a good friend of mine. It looks as though I may have to just suck it up until May 31. I am not a physical person, but it is so hard not wanting to to knock the asshole out sometimes. He is definitely going out of his way to piss me off. I don't show signs of it getting to me, but it is getting tougher by the week.

I guess the landlord will be charging him the remainder months on the lease for breaking contract.

Any legal ways for me to get under his skin?

PS: he did write a hand written letter to myself and the landlord regarding his leaving the residence on May 31. Does he not have to physically give it to the landlord rather than myself in order for it to be legal? It does no good to leave it on the stove for me to find and read. He should physically be handing it to the landlord correct?

[max_boost]

Something similar happened in one of my rental properties. I rented it out to 3 guys and 1 girl. The girl just decided to pack up and leave and now she's gone. Before I write a whole thing on that, just want to make sure I'm reading and understanding your situation properly.

The most important thing is, when you signed the original lease agreement, did you have both your names on there? If so, did it state specifically what would happen should either you or your roommate decide to leave before the term is completed? Whether you would forfeit your damage deposit? Depends how it was worded and what was written, YOU WOULD STILL BE RESPONSIBLE FOR THE RENT AND ANY OTHER OBLIGATIONS originally outlined in the contract SO BASICALLY YOUR ROOMMATE IS SCREWING YOU OVER! And upon the landlord's approval, you can find a roommate to replace him/her. Also, the DD would be returned at lease ends to you and it's up to you whether you want to return it to your soon to be ex-roommate. Make sense?

The original agreement was for May 1st, verbally agreed upon but nothing in writing. Now he wants to move out on June 1st and has given you a notice. Technically he should hand it to the landlord.

AFAIK, you can't charge him for remaining months unless it was written in there but no one is dumb enough to do that.

So, with all that said, hang in there, stay cordial which you already are and let him move out on June 1st. I'm sure your new roommate would understand given the circumstances. You are a good guy, I can tell from the one time meeting you and how you conduct yourself on Beyond.

Good luck.

[max_boost]

http://landlord.landlordandtenant.or...e_deposit.aspx

Multiple Tenants

If tenants are sharing a rental property and each of them has paid part of the security deposit, you are under no obligation to return part of the security deposit if one tenant leaves before the tenancy is over. The only exception would be if both you and the tenants had specifically agreed in the original tenancy agreement to the partial return of the deposit before the tenancy is over. In the absence of such an agreement, the security deposit will only be returned when the tenancy ends. When the security deposit is returned at the end of the tenancy, you must make the cheque out to all original tenants even if some have already left the premises.

Fuck him! Keep his portion of the DD.

[Kona9]

Originally posted by max_boost
Something similar happened in one of my rental properties. I rented it out to 3 guys and 1 girl. The girl just decided to pack up and leave and now she's gone. Before I write a whole thing on that, just want to make sure I'm reading and understanding your situation properly.

The most important thing is, when you signed the original lease agreement, did you have both your names on there? If so, did it state specifically what would happen should either you or your roommate decide to leave before the term is completed? Whether you would forfeit your damage deposit? Depends how it was worded and what was written, YOU WOULD STILL BE RESPONSIBLE FOR THE RENT AND ANY OTHER OBLIGATIONS originally outlined in the contract SO BASICALLY YOUR ROOMMATE IS SCREWING YOU OVER! And upon the landlord's approval, you can find a roommate to replace him/her. Also, the DD would be returned at lease ends to you and it's up to you whether you want to return it to your soon to be ex-roommate. Make sense?

The original agreement was for May 1st, verbally agreed upon but nothing in writing. Now he wants to move out on June 1st and has given you a notice. Technically he should hand it to the landlord.

AFAIK, you can't charge him for remaining months unless it was written in there but no one is dumb enough to do that.

So, with all that said, hang in there, stay cordial which you already are and let him move out on June 1st. I'm sure your new roommate would understand given the circumstances. You are a good guy, I can tell from the one time meeting you and how you conduct yourself on Beyond.

Good luck.

Thanks man! I appreciate the kind words.

The dead on situation is a little different. Due to the relations I have built with the home owner, I have never even given a damage deposit. Due to the fact that I like to live clean etc. I have done A LOT of work to the inside as well as cleaned up the yard dramatically. The landlord loves me!

From some of the posts on here as well as the research I have done while awaiting replies from the experienced, I have come to the conclusion that I will pretty much just have to ride it out. Although, that is not to say that I won't be making slight adjustments with the way I do things now.

I will no longer be the nice guy. If dishes are left in the sink too long...they are going in his bed. Anything he leaves laying around that doesn't belong.....in his bed. I will no longer be a considerate person when I invite ladies over. If they happen to want sex, the door stays open and the pillows no longer will cover their mouths. If it works out, I will make out with chicks right on the couch beside the one he sits on, while he sits on it. When I head off to Mexico, my new 52" and theatre system will be locked up in my room.

I still have a bunch of renos to do. Now I can choose when his portions get done. Trying to find a "convenient" time to do so.

[benyl]

Call this number:

1-877-427-4088

This is the Alberta line for L/T (Consumer info line).

Explain the situation to the agent and they will tell you exactly what is possible.

Yes, Beyonders are knowledgeable in these cases, but "boot the fucker out" is not an option. The consumer line will give you all the real options.

I have used this line a number of times with my properties.

[Kona9]

Originally posted by benyl
Call this number:

1-877-427-4088

This is the Alberta line for L/T (Consumer info line).

Explain the situation to the agent and they will tell you exactly what is possible.

Yes, Beyonders are knowledgeable in these cases, but "boot the fucker out" is not an option. The consumer line will give you all the real options.

I have used this line a number of times with my properties.

Thank you!!

[shakalaka]

Well yea basically if you are talking about he law, then there is nothing you can do to evict him prior to the expiration of the tenency agreement unless he is in breach of one or more of the agreements, for example non payment of rent, damage to property etc. Even if he is in breach of certain terms the law requires a notice to be given to the tenant prior to eviction. So basically you are SOL, what you can do is keep the deposit he had paid if he is leaving prior to the expiration of the agreement, but then again there are chances that he may refuse to leave at all before the end of the term.

Law has lots of safeguards for the tenants since they are in a vulnerable postion compared to landlords. If you had a clause in the lease agreement that tenants are required to keep the place tidy especially of stale food at all times (lots of landlords do as this could lead to various infestations) then on those basis you could have evicted him.

I don't know, this may be a bit extreme, I mean I wouldn't be suggesting this once I start practicing law, but you could incite him in hitting you and then charge him with assault and battery and get a restraining order against him. That oughta do it.