REVscene - Vancouver Automotive Forum

Gridlock · 08-18-2011, 07:14 PM

I didn't know that about fixed term leases. Cool!

All of ours are either month to month, or one year defaulting to month to month.

quasi · 08-18-2011, 07:55 PM

When I first read this I was like why would you even care just walk away. After some thought though if the situation was reversed there is almost no chance the landlord would let you walk away and give your deposit back. I'd pursue it and try and get some compensation.

vafanculo · 08-18-2011, 08:14 PM

Oh also snoop around a month later to see if they infact DID move in. Maybe they rented it out for more $$. If that's the case, I don't know the proper course of action, but it's unethical and I'm fairly sure a real breach of something.
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sonick · 08-18-2011, 09:16 PM

Quote:

Originally Posted by vafanculo

Oh also snoop around a month later to see if they infact DID move in. Maybe they rented it out for more $$. If that's the case, I don't know the proper course of action, but it's unethical and I'm fairly sure a real breach of something.
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Yes, the RTA states if they aren't using it for personal use within 6 weeks, we are entitled to double a month's rent. We are hoping to get another unit in the building, so snooping won't be a problem

We've sent the owner's agent an offer for compensation to break the lease. Hope the owner is a rich honger and accepts it just to get us out!

sonick · 08-18-2011, 09:17 PM

Quote:

Originally Posted by Gridlock

I didn't know that about fixed term leases. Cool!

All of ours are either month to month, or one year defaulting to month to month.

The one-year part in 'one year defaulting to month to month' is the fixed term portio of the lease which we as tenants are guaranteed with the agreement.

sonick · 08-18-2011, 09:24 PM

Quote:

Originally Posted by drunkrussian

btw question: seems that its against the law to do this. but can theease agreement have a clause in it that specifies u can, which can make it legal? ie can the lease agreement say "we can kick u out anytime with one month notice"? or is it pretty set in stone?
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No, they require minimum 2 months notice to the tenants if it is the landlord breaking the tenancy. If they want that flexibility they'll have tenants sign a month-to-month lease agreement.

Gridlock · 08-18-2011, 10:54 PM

You can't put terms in a lease to circumvent the RTA. You can add to the provisions in the standard lease(like I have a page we add to the lease regarding rules on conduct, no weed, parking, painting and so on) so its null and void if you put in to only provide 1 months notice even if both parties agree and sign the provision.
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Gridlock · 08-18-2011, 10:58 PM

Quote:

Originally Posted by sonick

The one-year part in 'one year defaulting to month to month' is the fixed term portio of the lease which we as tenants are guaranteed with the agreement.

Yeah, my girlfriend just confirmed that she knew that. I've never used the landlords use clause, so I never studied it.

The chick that I want to renovict out of my life has been on m2m for years, so I'm in the clear

PS, I'm totally curious as to what you offered for compensation. What did it work out to be, in reference to your monthly rent(so we all don't know your level of ballin')?
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sonick · 08-18-2011, 11:01 PM

I offered 2 months equivalent rent for compensation, with reasoning that typically on a m2m landlords require 2 months notice to evict, so just looking for the equivalent of that in dolla dolla bills, yo.

Death2Theft · 08-18-2011, 11:41 PM

The only thing you can do as a landlord is give out one month leases until you feel confident to give them a longer term. Unless they break the law/harm someone physically or not pay rent there isn't any faster way to get rid of them.

Quote:

Originally Posted by drunkrussian

btw question: seems that its against the law to do this. but can theease agreement have a clause in it that specifies u can, which can make it legal? ie can the lease agreement say "we can kick u out anytime with one month notice"? or is it pretty set in stone?
Posted via RS Mobile

Nlkko · 08-19-2011, 12:03 AM

I think demanding 2 months is pushing it. I'd pocket the 1 month and be on my way.

Shouldn't the family have already put something on the table? I don't know about living in the same complex with them. Could be awkward.

sonick · 08-19-2011, 12:07 AM

Ya 2 months is a stretch but leaving room for negotiations. Plus they sounded pretty desperate in the email they sent to the realtor.

Feel bad for the realtor though, he's a nice guy. He's getting fucked from us and the owners.

Gumby · 08-19-2011, 09:35 AM

Quote:

Originally Posted by quasi

I currently have a basement I could easily suite and rent out paying the majority of my mortgage. It's not worth the headache for me because of all the bullshit, I'd rather just do without and not have to worry about having some idiot living with me.

I might end up with the perfect tenant but I'd rather not risk it.

Yeah I agree with you... I've never lived with tenants before, but my wife has (when she was living at home with her parents) so she's somewhat open to the idea. I'd rather forgo the money and not have to deal with other people's crap.

Meanwhile, wife's sister & partner moved into their own place recently and rented 1 floor out. They had cleaned it up really nicely, but after renting it out to some dudes over the summer, the place is a huge mess! Unfortunately, they need the extra income...

fliptuner · 08-19-2011, 09:38 AM

Who cares? The agent probably makes commission off the lease and deals with this kind of shit all the time, that's why he's so chill about it - another day at the office.

Also, the owners are dumbasses for not planning better so who cares if they have to pay 2 months rent?

taylor192 · 08-19-2011, 10:03 AM

Quote:

Originally Posted by Gumby

Meanwhile, wife's sister & partner moved into their own place recently and rented 1 floor out. They had cleaned it up really nicely, but after renting it out to some dudes over the summer, the place is a huge mess! Unfortunately, they need the extra income...

Define "messy". I assume if they are renting out one floor, then that floor is self contained unit. If the mess is contained within that unit, who cares, its their place, close the doors and pretend it doesn't exist. The only thing that is important is that it is clean when they move out.

For roommates I always had a similar agreement. Common areas must be clean, yet your bedroom and bathroom can be as messy as you want, just close the door so I don't see it.

Gumby · 08-19-2011, 10:09 AM

Quote:

Originally Posted by taylor192

Define "messy". I assume if they are renting out one floor, then that floor is self contained unit. If the mess is contained within that unit, who cares, its their place, close the doors and pretend it doesn't exist. The only thing that is important is that it is clean when they move out.

I agree - as long as your mess don't encroach onto my space, that's fine.

However, they've moved out already... Let's just say the tenants didn't do any cleaning while they were there (2-3 months?); shoes were worn on the carpet. And a hole in the wall (WTF?). Plus they were often noisy at 2am!

Obviously the renters lost most/all of their damage deposit.

SumAznGuy · 08-19-2011, 10:20 AM

Quote:

Originally Posted by taylor192

For roommates I always had a similar agreement. Common areas must be clean, yet your bedroom and bathroom can be as messy as you want, just close the door so I don't see it.

What about smell? I know there is nothing I can do about it, but one of my neighbours has some earthy mouldy smell coming from their unit. The smell comes and goes and when it is bad, it fills the hallways and even gets into our unit. It is a putrid smell.

So what would you do if your roommates were that messy, that it would stink and stink so bad that it gets into the common area?

taylor192 · 08-19-2011, 10:41 AM

Quote:

Originally Posted by Gumby

However, they've moved out already... Let's just say the tenants didn't do any cleaning while they were there (2-3 months?); shoes were worn on the carpet.

Then make them pay for the damage. You'll notice I always qualify my opinion with the unit must be left clean when moving out. You cannot force them to keep it clean while they live there, yet you can bill them for not leaving it clean when they leave.

dinosaur · 08-19-2011, 10:42 AM

Quote:

Originally Posted by SumAznGuy

What about smell? I know there is nothing I can do about it, but one of my neighbours has some earthy mouldy smell coming from their unit. The smell comes and goes and when it is bad, it fills the hallways and even gets into our unit. It is a putrid smell.

So what would you do if your roommates were that messy, that it would stink and stink so bad that it gets into the common area?

Smell can fall under either the "health and safety" or "quiet enjoyment" section of the RTA depending what type of smell it is. Quiet enjoyment does not necessarily mean loud noises, etc. but the actual enjoyment of your space without being impacted by your neighbours (sight, sound, smell). There are also clauses that pertain to "common areas" and how those can be impacted by individuals.

For example: Smoking. Say your neighbour is smoking in their apt unit. If there is nothing in their agreement that says that are NOT allowed to smoke, technically it kinda sucks for the neighbours....but it doesn't have to. The smoker can be in breach of his RTA contract because he is disturbing the quiet enjoyment of his neighbours by have his smell of smoke in the "common areas" (halls) and in-turn threatens their health and safety.

We have a similar situation at one of the buildings we manage. Tenants has lived there for 8+ years....during an inspection I entered his unit and found the most disgusting situations I have ever seen in regards to cig. smoke damage (don't believe me? I have photos I can share).

Here is the problem: There is nothing in his agreement that says he cant smoke inside HOWEVER, the smell permeates into the hallway and has stunk up the whole damn floor....and there, his is breaking the agreement.

If the smell is that bad....something can be done.

TouringTeg · 08-19-2011, 10:43 AM

If they have already signed the tenancy agreement with 1yr lease they are definitely in the wrong if they want to cancel the lease.

I agree that 2 months is a bit much, but it leaves room for them to offer 1 month which would still put you ahead.

TouringTeg · 08-19-2011, 10:47 AM

dinosaur: What was the result with the smoke damage? Did they end up paying for repairs/remediation?

dinosaur · 08-19-2011, 10:49 AM

Quote:

Originally Posted by taylor192

Then make them pay for the damage. You'll notice I always qualify my opinion with the unit must be left clean when moving out. You cannot force them to keep it clean while they live there, yet you can bill them for not leaving it clean when they leave.

Technically you CAN make them clean while they are there if the mess is bad enough and has an impact on the health and safety of others or is causing damage to the apt.

I was called to deal with a water leak in an apt last year....when I entered I found that EVERY wall had been coloured on by their child. EVERY wall. Like the kid literally took a felt pen and walked down the hall with it....on the closets, on the doors, window sils, etc...it was so crazy I took video of it on my camera.

They were sent a little and had a follow-up visit to ensure it was cleaned up. You can be dirty, but you can damage. Same situation for hoarders...it becomes a health and safety issue.

And I use the word "dirty" loosely....are their dirty dishes in the sink or are they on the floor? In the sink? ok, they are lazy....On the floor? they are going to attract mice and bugs...now that is a problem.

SumAznGuy · 08-19-2011, 10:49 AM

Quote:

Originally Posted by AME_VIP

If they have already signed the tenancy agreement with 1yr lease they are definitely in the wrong if they want to cancel the lease.

I agree that 2 months is a bit much, but it leaves room for them to offer 1 month which would still put you ahead.

As an amature slumlord I may be wrong, but another thing that can be negotiated is to have the original slumlord pay the difference in monthly rent if the OP has to rent at a high price than what he was supposed to pay with the one year lease.

Please correct me if I am wrong. I know a friend who broke her lease to buy her own place and the owner took her to the tenancy board and they ruled in the owner's favour. The owner found a new tenant at a lower monthly rental price and my friend has to pay the difference from her rental price with the new tenants price.

taylor192 · 08-19-2011, 10:49 AM

Quote:

Originally Posted by SumAznGuy

What about smell? I know there is nothing I can do about it, but one of my neighbours has some earthy mouldy smell coming from their unit. The smell comes and goes and when it is bad, it fills the hallways and even gets into our unit. It is a putrid smell.

So what would you do if your roommates were that messy, that it would stink and stink so bad that it gets into the common area?

One of the units on my floor smells of curry a few times a week, and not the good smell that makes me want to go eat Indian food. If it really bothered me I'd speak to them about it, otherwise its part of living next to people, there's going to be random smells and noises at times.

My GF moved from a house to a condo, having never lived in apartment/condo style living. She still hates that she can hear/smell other people in the building, so she should probably move back to a house at some point. Sharing a wall with someone isn't for everyone, especially those with low tolerance/patience.

taylor192 · 08-19-2011, 10:52 AM

Quote:

Originally Posted by dinosaur

Technically you CAN make them clean while they are there if the mess is bad enough and has an impact on the health and safety of others or is causing damage to the apt.

Absolutely, yet lets not pretend this is the norm. It is an exception for people to be so messy that it attract bugs/pests/mold, that's why the show Hoarders bothers most people, cause while most people can be messy, they are not that messy!