Need Tenancy Help! Terrible tenants causing problems

[dinosaur]

[gdoh]

amazing info don't have tenants but I always enjoy reading grid and dinos posts about this stuff

[Lomac]

Originally Posted by Soundy

superSandhu: go to the Search link above... enter "lomac and midgets". That's all the background checking you need to do

[blue_reverb]

Thanks for all the help grid!

[Selanne_200]

If you can avoid it, I would even pay the tenants to leave rather than escalating to the point where you would need a bailiff to enforce a supreme court order and evict them. Last time I had that done, it was for 1600 for 4 hours of work from them.

[wuuhoo]

BUMP

This question has been lingering around my mind a lot; what happens when no agreement (RTB) is signed between the tenant and landlord, and the tenant decides not to pay rent? does the landlord go through the same way as if an agreement (RTB) was signed?

~ notice of conviction then grab an OOP? etc

what I mean by no agreement is the tenant and landlord agrees to a verbal contract; where the tenant just moves in and rent is paid either by cheque/cash on a month to month basis


probably wait for dino or gridlock to answer

[dinosaur]

Yes, it is the same system....just more complicated.

When a tenant pays rent to a landlord with no RTA, it is considered "For Use and Occupancy". The rules for use and occupancy are the same as the RTA.

If the tenant stops paying and is still living in the unit, the landlord can take the tenant to the branch and file an arbitration. The judge will simply ask the tenant if he\she is living in the unit....what the agreed upon rent was, etc. Basically, the judge will base the RTA on what information is given during the hearing. If what the tenant says and the landlord says line up, then you are good to go. There would be a problem is the tenant says they pay $600 and the landlord claims they pay $700. It would be the responsibility of the landlord to somehow prove any and all aspects of the verbal agreement (canceled checks, deposits, receipts, etc).

Now, if it is a case a breaking a lease prior to the verbally discussed terms....pets...smoking...number of occupants or any other 'agreed upon' term, that is where not having a signed agreement will hurt the landlord.

If anyone is ever in this situation, you NEED to get a signed agreement (obviously). Furthermore, you should never rent a place where the landlord doesn't want to.

I took over a building last year where the previous manage had not signed tenancy agreements with 22 out of the 28 units. It took me weeks to have everyone sign back-dated agreements. Huge pain in the ass...

[Great68]

Originally Posted by Gridlock

What are they wearing? Are they dressed like poor people? See above.

It's amazing how many people looking for places to rent will not make the time or effort to dress clean & professional.

I remember when my wife and I went looking for places, it was a nice summer day we said what the hell and took the Mustang out for a drive.

There was one place we stopped at which was an open viewing. There were probably a good dozen people there at the time, the property manager guy saw us and just latched on us and pretty much ignored everyone else hahaha.

Then in less than 2 hours he called was calling us back offering the suite. It was crap so we took a pass.

[dinosaur]

Originally Posted by Great68

It's amazing how many people looking for places to rent will not make the time or effort to dress clean & professional.

I remember when my wife and I went looking for places, it was a nice summer day we said what the hell and took the Mustang out for a drive.

There was one place we stopped at which was an open viewing. There were probably a good dozen people there at the time, the property manager guy saw us and just latched on us and pretty much ignored everyone else hahaha.

Then in less than 2 hours he called was calling us back offering the suite. It was crap so we took a pass.

We pretty much do that same for people that are normal to well dressed.

There are few exceptions though...some times people will come directly from work (especially when the showings are booked during the week) so we do need to consider that. We can't expect people who work in construction, warehouses, or other jobs that are physical labour-esque to wear their Sunday best.

Most people will say, "sorry, I just came from work and am looking a little gnarly" with a laugh. I dig that. At least they acknowledged that they may not be presenting their best self.

But, people who just dress overall sloppy and you can tell they do every day need to do a lot to impress. Its almost like a job interview....many don't understand that.

[Spartacus]

derpderp

[civic_boi]

Originally Posted by Gridlock

Oh, we recently changed the leases to those provided by the BC Apartment Owners Association, but before were using the standard agreement from the branch with an addendum to the agreement as follows:

1. LIQUIDATED DAMAGES:
If the Tenant terminates the tenancy, or is in breach of the Residential Tenancy Act or a material term of this agreement that causes the Landlord to terminate the tenancy in less than 12 months upon signing the agreement. The Tenant will pay to the Landlord the sum of $ as liquidated damages and not as a penalty. Liquidated damages are an agreed pre-estimate of the Landlord’s costs such as advertising, interviewing, administration of re-renting the rental unit and must be paid in addition to any other amounts owed by the Tenant, such as unpaid rent or for damage to the rental unit or property.

2. ARREARS:
Late payments, returned and non-sufficient cheques (NSF) are subject to a minimum service charge of $25.00 each. All future payments must be made by money order or certified cheque.

3. FINAL ELECTRIC UTILITY BILL AT THE END OF TENANCY:
The final electrical bill, if not paid in full by the tenant will be automatically deducted from the security deposit.

4. PETS:
Unless specifically permitted in writing in advance by the Landlord, the Tenant must not keep or allow any animals or pets, domestic or wild, fur bearing or otherwise in the residential property. Having regard to the enjoyment, quiet possession and health requirements of other occupants in the property, as well as the nature of the property, the Tenant will not encourage or feed wild birds or animals at or near the residential property.

5. SMOKING:
The Tenant and guests of the Tenant agrees that this is a non-smoking property and smoking of tobacco products must be conducted outside the property.

THERE IS A ZERO TOLERANCE FOR THE USE OF ILLEGAL DRUGS OF ANY KIND(INCLUSIVE OF MARIJUANA) ANYWHERE ON OR NEAR BUILDING PROPERTY

6. CONDUCT:
In order to promote the safety, enjoyment and comfort of other occupants of the property, the Tenant and the Tenant’s guests must not disturb, harass or annoy another occupant of the property or a neighbour. In addition, noise or behaviours, which in the reasonable opinion of the Landlord or its agents may disturb the comfort of any occupant of the property or other person, must not be made by tenant or the tenant’s guests. The uses of illegal drugs of any kind are not tolerated at any time, or any location in the property.

7. MODIFICATIONS:

Painting of the rental unit is expressly forbidden without written consent of the landlord/landlord’s agent. Modifications to the unit(ie. TV mounting to the wall, brackets, shelves and other items that damage the walls beyond a nail hole) are forbidden without landlord/landlord’s agent’s verbal consent.

With everyone signing off on the bottom.

Found my answer in another post. Thank you for all your help. Your addendum was fantastic! Is it possible to restrict tenant to not make a set of keys for friends etc?

[subordinate]

Sorry Civic but Gridlock is gone.

Politics ya know.