Need Tenancy Help! Terrible tenants causing problems

[superSandhu]

Okay so before I begin I want to say that I have had nothing but problems with numerous tenants over the years. They always decide they aren't going to pay the rent, move out early, leave massive amounts of junk behind and cause headaches for me and my family.
I've been vigorously reading the RTA and all I seem to read it that Landlords always get the short end of the stick, there is basically nothing a Landlord can do unless he takes legal actions which even then is headache. I haven't ever gone so far as to take legal actions in unpaid rent but I need to know what options do I have.
I want to create a side contract outside of the RTA but I don't know how far I can go in creating my terms. IDEALLY I would love to put in the contract that if you don't pay the rent after the 10th day I reserve the right to change locks, but I think (not sure) it's against the law? It's in the RTA anyways that I can't but I was wondering if both parties agreed to terms if its a binding contract.

I need help and options on what to do with tenants and not keep getting taken advantage of. I do background/credit/reference checks but still they decide not to pay. What can I legally do (other than goto small claims court which I'm not even aware of how that process works) to ensure I get rent or they get evicted immediately?

Why is the RTA so in favour of tenants its so ridiculous.

Please any help/suggestions/tips/ideas/feedback welcome

Cheers

[Gridlock]

You may have read the tenancy act, but I don't think you are getting it.

So let's go through the issues, one by one.

1. The apartment

Are you renting out a crappy apartment? Be honest here. I learned quite quickly, that you can't put good people in a bad space. That was the driving focus behind our renovation program at our main building. Reno the apartment, kick the rent up about $100-$200 per month and you yield a vastly different group of people coming in.

Put up a few pictures of the space, or send them to me privately and I can give you an honest assessment. I've seen a LOT of apartments for rent in a variety of locations(from basements to a high end west end heritage building)

2. Issues with the Tenancy Act

Yes, there is a balance of power issue. And when I first started, I came to the same realization about the tenants rights over powering those of the landlord. And I was equally as wrong.

Yes, there are jurisdictions that dramatically alter the balance in favor of the landlord. But I look at some of the stuff allowed, and I wouldn't like it from a tenants perspective, as you can get equally screwed.

So, no, you can't have a side contract that nullifies the Tenancy Act. But, you can use the act for what its worth, and go.

So, how to avoid the problems in the act, and stay legal within it:

a) it starts when you show people the apartment. You can't just hold the door open and say "you want it?" This is your time to gently, and politely probe for a little info. Why are they moving? What do you do for a living? Who all is going to live here?

We're looking for red flags. Why are they moving? Do they want to be closer to work, or is their landlord kicking them out? We want to know this. What do they do for a living? Do they reasonably make enough money to pay rent. I don't like renting to poor people. Sad truth, but poor people make a mess of your place because they are constantly running on empty. When poor people move, they can't afford to dispose of unwanted furniture, so they leave it in your backyard. Poor people have a small issue, and suddenly can't pay rent, then abandon the apartment and they don't clean up.

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

Before we even get to the stage of filling out the application, we have, as a standard gone over the following:

-rent is due on the 1st, every month. We take 12 post-dated checks. It's a one year lease.

"well, we don't have checks" RED FUCKING FLAG. A person that can't handle the world of "write rent check, wait 2 days, see funds go for rent" is a person that is running on empty. We don't like renting to people on empty. See above.

-Smoking is either outside, or not on property. Your choice. Marijuana and illegal drugs are not on property at any time.

-Pets policy. Go over whatever you have

-General condition of the apartment to be maintained.

What I'm doing here, is looking for a reaction. Is the pot thing going to be an issue? How about the concept of cleaning? That a problem? Look at their faces...are they happy to hear the policy, or not.

Ultimately, my path to renting is we talk about the policy, we initial off on the policy on the application, and we sign off on the policy on the lease. There are NO surprises. I tell people that I stick the Tenancy Act, and I expect that you will stick to the tenancy act-and we won't have problems, because almost every situation is laid out for us, so all we need to do is consult it when the need arises.

3. When There are Problems

You don't need a special contract, when the answer to your problems in laid out in the act.

There are 2 scenarios. One, a good person occasionally needs an extra day or two on rent. They call, or talk to us and say, can you hold off depositing the check until the 3rd. If its a first time, and they've talked to us...its fine.

The other scenario is, they just avoid you and don't give you a check. Well, this is why we take 12 post-dates. They HAVE to come to us, or cancel the check. And after that year of being in that system, it sets a trend for rent payment. We already have a year long system in place. But, let's say you didn't take 12 post-dates. They avoid you. Now I'm a little pissed. I don't track down rent. If its a first time offence, I usually put a note under the door, or in a basement situation, just talk to them. If its a second offence or more, then I use the 'RTA 10', which gives them 5 days to pay, or 10 days to move. It's available on the website. That handles your door lock change thing. If they don't pay, and don't move then you go and get an order of possession from the branch, and you can forcibly evict.

If they are late a couple of times, the standard is 3 in a 12 month period, then maybe we skip the rta 10, and go to the RTA 30, which gives you a 30 day notice of eviction for non-payment of rent.

All handled through the branch, and I don't even need to pick up a screwdriver.

But, to relate all this back to the first point, you can't do ANY of this, if you are renting a shit apartment to shit people that feel they HAVE to rent your shitty apartment instead of WANT to rent your nice apartment.

I hope this helps.

[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.

[Gridlock]

Sorry, But I'm going to add here, that I get how people with a basement suite run into trouble.

There was definitely a learning curve to doing this, and we made some mistakes along the way. We learned what to look for, by running into people that we wanted to avoid, either from inheriting them from previous managers, or seeing them come through or occasionally renting to shit people.

We also had PLENTY of apartments to learn on, and a mistake in one doesn't mean a mistake in all.

For one person, in one apartment trying to learn and think about any and all scenarios. It's tough. That tenancy addendum went through 6 iterations before finally being retired in favor of the new leases..and each iteration was a result of seeing someone doing something that we'd like to eliminate right from the start.

Shit on the balconies..I'd say my #2 pet peeve(#1 being smoking pot) was a learning curve..so now it gets brought up in the application process. The smoking pot thing now is so well covered that NO ONE thinks our buildings are pot friendly in any way..but one little chick still tries.

I think thats why basement suites can be such mixed bags in terms of rentals. You get a lot of people that don't know the laws, and the shitty tenants do! They know that thing WAY better than you think they do. And they will dry fuck you with the act if it works to their advantage.

[dinosaur]

You need to set a standard and like grid said, it needs to begin with your product.

You will never attract an ideal tenant with a bad place to live. Yes, location can affect the tenants you get, but overall, you need a good product. People who move into nice clean updated places will want to maintain them.

Consider doing some upgrades so you can price your place a but higher. The ministry caps out at about $800 so if you can price you place at $800 or higher, you will avoid people on social assistance. Now, I hate to paint people with a wide brush as you can get a great tenant on social assistance...but in my experience, it is about 1 in 10. I had an amazing tenant on SA...single mom...2 kids...going to school....place was spotless and i would recommend her to anyone. This, unfortunately, is not the norm.

Drill potentials...good tenants will appreciate it....bad tenants will give you attitude and be uncomfortable. People crave guidelines...give it to them. Now, don't treat your suite like Nazi Germany because these people deserve privacy without being under the microscope of the landlords, but establish what your 'deal breakers' are. Watch for their reactions, tell them you abide (and mean it) by the act and expect the same from them. Sound official. Keep a friendly distance...getting close can create issue when you need to enforce the act.

You also need to be prepared for it to take a while to find good tenants. Your basement may be empty for a couple months. If you are renting just to fill a spot, you will lose more than you win. Grid and I (and our owners) rather have out units empty that risking a bad tenant. It will always cost you more in the end.

Also, regarding you original question, Grid is right. You can not amend the act and add in you own rules that negate the act. The act is there for a reason. It will protect you...you just need to use it to your advantage.

If you need tips on how to attract good quality tenants, feel free to PM

[Soundy]

If I ever get in a situation where I'm renting a room to someone, I'm just gonna login to RS and search all of Gridlock and Dinosaur's posts.

Seriously, you guys should put out a book or something, you're an amazing resource.

[dinosaur]

Aww, thanks dude We are always happy to help!

We always talk about turning our blog into a book one day...maybe when we get 100 posts.

[superSandhu]

Wow thanks so much for the reply Gridlock/dinosaur really appreciate the feedback. I haven't been taken any cheques from tenants because we have always (last 10 years) dealt with cash transactions. That is something I will definitely look into. As far as the place goes, I will attach pictures and show you guys the two suites. I have had them painted/shampoo carpets/clean in and out, but I have not updated any appliances or cupboards since we first built them.
What we include with suites currently are all utilities/cable/wifi/laundry(no dryer, no room for it)/appliances(stove/fridge)
We rent the two bedroom out for $800 and the one bedroom goes for $600. We are in a very urban area in a quite cul-de-sac with good neighbours and atmosphere.

Questions relating to RTA 10 and eviction of tenant. Do you know what the charge to get an order of possession is? and how quickly/effective does it work if you have had to use it in the past

I was also suggested going to a tenancy renting agency but wanted to know what's your take on that. I guess I wouldn't mind giving someone a cut if I was to know that I wouldn't have to deal with tenancy problems and know my rent will be on time.


Here is an album of the basement suites. Any ideas/renovations/suggestions to improve or to lose would be much appreciated.
Photo Album - Imgur

Again Thank you guys for your quick responses and suggestions they are much appreciated.

[Gridlock]

Originally Posted by superSandhu

Wow thanks so much for the reply Gridlock/dinosaur really appreciate the feedback. I haven't been taken any cheques from tenants because we have always (last 10 years) dealt with cash transactions. That is something I will definitely look into. As far as the place goes, I will attach pictures and show you guys the two suites. I have had them painted/shampoo carpets/clean in and out, but I have not updated any appliances or cupboards since we first built them.
What we include with suites currently are all utilities/cable/wifi/laundry(no dryer, no room for it)/appliances(stove/fridge)
We rent the two bedroom out for $800 and the one bedroom goes for $600. We are in a very urban area in a quite cul-de-sac with good neighbours and atmosphere.

Questions relating to RTA 10 and eviction of tenant. Do you know what the charge to get an order of possession is? and how quickly/effective does it work if you have had to use it in the past

I was also suggested going to a tenancy renting agency but wanted to know what's your take on that. I guess I wouldn't mind giving someone a cut if I was to know that I wouldn't have to deal with tenancy problems and know my rent will be on time.


Here is an album of the basement suites. Any ideas/renovations/suggestions to improve or to lose would be much appreciated.
Photo Album - Imgur

Again Thank you guys for your quick responses and suggestions they are much appreciated.

Ok, you have 2 very nice basement suites. Honestly, I was kind of thinking that the quality was a bit of an issue, but you have it covered. Meaning you should be getting way better tenants than what you are getting.

I think you need to change your mindset a little bit. Your basement is a business. Treat it as such.

First, I don't know much about rents in what I'm assuming is Surrey? but do a search on CL for whatever else in your area that is being rented. Look at their rents...are yours bigger or smaller, full laundry and so on. What you want to do is be on the top end wherever possible.

People go on CL, type in their budget, their area and go. People with a lower budget, as above..we kind of don't want them. So if we can filter them out on price, we're already on our way.

You don't want to go too high, as you'll never rent it.

RTA-10 and Order of Possession

Here's how it works.

They don't give you rent. On the 2nd, if you want to play rough(probably, this isn't their first time being late, or they just aren't stellar tenants etc.) you either hand them a RTA 10(we call it a 10 day pay-to-stay, mostly because it rhymes) or tape it across the door, so it needs to be accepted to enter the unit(taped across the door and door frame) They get pissed, and either call you to make payment arrangements, or tell you a sad story or whatever.

A)So, they have 5 days to pay. If they do, it counts as "1" on our 3 strikes in a calendar year or you are out policy, where on #3, if you want, you can evict on a 30 day notice.

I should mention that, and a LOT of tenants don't get this, if you evict on a 10 day notice, rent is still due, for the month, whether they have use of it or not. Why should you be out because of their issue?

B)So, they don't pay. This is where it gets fun. Two things can happen. They can go to the branch and dispute your notice. They won't get far unless they have proof of paying rent, meaning you are a dick.

If, after 10 days, they have not moved, you have to go to the branch and pay your $50 and file for an order of possession. In monetary orders, they bump the priority so your case is heard quickly.

You both present your case, and in monetary orders, its really easy, really cut and dry in either they paid rent, or did not.

The arbiter then calls the case in your favor and mails you an order of possession that you can then use to get legal authorities, ie bailiff to forcibly evict. I have never had a case go to this point, so I can't offer first hand knowledge. It's expensive, like $1000 or so.

Usually, most of the tenants short of the die hard, I fucking hate you, eat my ass shitty tenants check out long before the bailiff comes.

[dinosaur]

The tenancy branch is a fantastic resource. You can go in and talk to an information officer or you can phone them. They know what they are talking about and can give you recommendations as to how you can deal with the problem. They offer this service free of charge and can also help you fill out the forms if necessary.

The branch website is also a handy resource. You will find all the forms you need for anything to do with a tenancy. I would suggest spending some time on the site to get familiar with rules, guidelines, forms, dispute resolutions, etc.

As Grid already mentioned, spend some time on CL to see what your comparable are. I suspect that investing a little bit of money into your suites, you will be able to charge more rent and attract better people. Simply installing laminate, hardwood, etc flooring instead of carpet could be a good investment. Or, even using more contemporary paint colours would help. $600/month is the perfect amount to pay for someone on social assistance.

Now, you may not be able to get rents much higher that $700 for the one bedroom depending on the size and location and just b/c someone wants a cheaper place, it does not mean they are bad people.

Are you doing credit checks? Reference checks? Confirmation of employment? Character references? A good person will have no problem handing this contact information over to you. What type of application forms are you using?

Never take tenants who walk in, 'love it', and offer you a deposit in cash right away. They are desperate. People who call me or show up and try to shove their money into my hand before I have had a chance to think about it or run some checks on them KNOW that once you do, the answer will be no. Treat it as a job interview....would you trust these people with your business? Would your hire these people to represent you?

I am not saying these people need to have glowing credit, AMAZING references, make 100k a year, or you'd trust the with you life....but they need to hit a minimum standard. You need to find the balance. Most people do not have ideal credit scores....things like student loans, the odd parking tickets, a couple missed credit card payments a few years ago, etc. can all affect it...but, if their previous landlords have given great references and you have confirmed employment, they are probably a good choice.

Rental agencies are good and bad. Good b/c they can find people for you....bad b/c you need to rely on them for making decisions and doing everything correctly...plus, they ain't cheap. I have known people who used these agencies and have had nothing but problems with them. Missing paper work, sleazy business practices, difficult to get in contact with, and charge too much for doing almost nothing. Plus, if you get a bad tenant, you need to put your faith in the agency to handle it...I couldn't do it. The amount that they charge is a lot for you, but not enough for them to give a shit about your problems. They wont have any more luck getting your rent on time than you would....if a tenant isn't going to pay...they aren't going to pay.

[GLOW]

whoever is the mod of this forum should just sticky gridlock/dinosaur's posts.

hell sticky their rental horror stories too for the lulz

i never knew when you dispute payment go on the landlord's side. i thought (read stories) of where someone tells a big sob story and cries can get out of it and leave the landlord SOL and stuck with a shitty tenant.

[Gridlock]

In our experience, the arbitrations involving lack of payment are very cut and dry.

"Have you paid, yes or no"

The arbitration people cut them off before you get to the sob story. They don't care. Neither do I.

Here's the deal. You need to be cold. If you fall for the sob story, then whats going to happen is they are going to keep living there. There is no way they are suddenly going to have twice the rent for you next month. So they owe you. And when you get tired of them owing you, and start asking about re-payment, they pack their meager shit in the middle of the night and move out.

And that's why when you read the case histories on the RTA site(all publicly available, and excellent reading if you are a landlord) you get these people that owe 1000's in back rent. Why fucking why? You knew you had a problem tenant..they couldn't pay you! But you kept them, and then you get pissed off enough to try to collect now that they moved? Too late.

Reading the case histories is an excellent way to learn about what you can actually accomplish in arbitration. You can plug in what specific terms you are looking for: lack of payment, withholding sec. dep, order of possession and the decisions are all right there. Find one that is similar to your case and see what was decided. I've read 100's of them. It gives you a good indicator of a definition of the word " reasonable" which is used far too much in the Act. I'm allowed to evict for an "unreasonable" number of occupants...well, is 2 people in a bachelor unreasonable? Is it 20?

They don't even touch the concept of how many cats is "reasonable" in a case I'm working on now. I'm cutting her off at 2, and right now she has about 8. She doesn't know this yet.

The next problem with the tenancy system is collection. I can get awarded monetary compensation all day long..but I need an address to serve people and I need to get blood from a stone.

This is why I don't like poor people in tenancies. One speeding ticket, and they're fucked.

So the key is to have a good product, and price it high. I've noticed that in the same building, people that pay the least complain the most. People that pay at or a smidge above market rates shut the fuck up. I've actually heard that in a lot of things, the guys that buy cars for sticker price never come back until they need a new car again, but the people that grind you down become your new best friends. They constantly think they could have done better, or free car mats, or something.

[Soundy]

Originally Posted by Gridlock

So the key is to have a good product, and price it high. I've noticed that in the same building, people that pay the least complain the most. People that pay at or a smidge above market rates shut the fuck up. I've actually heard that in a lot of things, the guys that buy cars for sticker price never come back until they need a new car again, but the people that grind you down become your new best friends. They constantly think they could have done better, or free car mats, or something.

That certainly explains all the whining and bleating and rending of sackcloth every time Facebook changes something around. Never seen so many people biatch so much over a FREE service.

[superSandhu]

Good stuff, will definitely give the RTA case histories a go. I took your advice and looked around craigslist and local classifieds to see what market prices (or asking prices anyways) were going for. My one bedroom is definitely low on the price spectrum so I think that has been attracting the wrong type of people.
In terms of specific/qualifying questions other than the
1. Where do you live, how long, how much is rent, why are you moving
2. Where do you work, how long
3. Job reference and work reference
4. No Smoking, pets or drugs
5. How long do you plan on staying? Are you okay with a lease?

Are there and other, I guess, lifestyle questions that I should be on the lookout for and ask? I know I am way too nice of a landlord and I need to be colder. You are absolutely right that this is a business, yet for some reason I didn't look at it that way and that explains why I've been pushed around by so many tenants.

Going back to the order of possession does that actually work? From what I've read in the RTA it seems like just a stepping stone to getting a bailiff involved which seems costly. Once I were to get an order of possession what does that actually entitle me to? Sorry for asking so many questions but both my suites are empty and I want to make proper decisions from now on and how to carryout business accordingly. I would rather wait a while than get them rented quickly to people who aren't going to stay.

Cheers

[Jas29]

sorry to thread jack but whats some good sites or places to put ur house up for rent

I'm trying to rent out a full house

Didn't want to start another thread

[dinosaur]

Ask as many questions as you like...we really don't mind answering

You seem to be asking the right questions. I would also take their SIN...and there is always the option to ask them to provide a criminal background check for you. They can order it themselves (it is fast if they do it) at any police station or community police detachment. Another handy thing I have found is this:

CSO - Home

You can search civil, appeal, and criminal/traffic. Use the criminal/traffic search (its free) and you can view any cases that they were involved in...charges, appearances, and verdicts. I just had a guy apply for an apt and did a check....charged (and guilty of) robbery, assault, and trafficking...spend 2 years in jail and is banned from owning firearms. So no...he did not get the place.

I also use facebook. Now, don't expect these people to like live nuns, but you'll be able to see any red flags. Also, just simply googling people can bring up something. Its a good way to know peoples' lifestyle.

In regards to you question #5...I would not give people the option. Either its month to month or a fixed-term lease. 1 year leases are good to have b/c it is nice to have a commitment. Plus, if they leave before their lease has ended, they will owe you money.

Order of Possession:

An OOP is obtained after you have won your eviction arbitration case OR if you have given the tenant an eviction notice and they have not left. You can do it online or at the branch itself and it will cost 50$.

2 Scenarios:

-You have served the eviction notice for any reason. The tenant fights it and files for a Dispute Resolution hearing. You are sent the notice for the hearing in the mail and given a case number. Call the branch or go in to add to add you evidence to the case number. When you do this, add an OOP. During the hearing the OOP will be brought up...if you win the case (and the tenant needs to move) the judge will give you the OOP. The package will come in the mail with pre-filled out notices you are to give to the tenant. They have 48 hours to vacate. If they do not, there is info in the package on how to move forward.

-You give tenant eviction notice....they do nothing. They don't fight it, nor do they move. If you suspect that they will not move, you can get an OOP before the 10 days are up, or you can wait the 10 days and then get it. The hearings are booked pretty quick.

You should note, that if you are evicting for not paying rent...they STILL owe rent. Not only for the current month, but for the next month as they did not give proper notice. If you want to fuck them...you totally can!

The OOP entitles you to take possession of the apt 48 hours after it is executed. You can go in, change the locks, call the police for trespassing if the tenant is there, get a restraining order if need be, and/or call a bailiff. Basically, the place is yours. You are required, however, to keep any worthy valuables for a 90 day period (tvs, stereos, etc). You can not just throw it all out...unless you deem it as worthless. You may want to take photos or catalogue what was abandoned.

The above seems like a lot of work, but it can be avoidable with a good tenant. Some times if you get a bad one just explaining what can happen will be enough for them just to grab their shit and go. If you sound like you know what you are talking about, they know it isn't worth the fight.

Now....you do have other options...options that are a little less 'legal' and official. If you have a bad tenant and you need him/her gone and you do not want to involve the branch or all the paperwork...PM me and I will hook you up. BUT, you can NOT use this option if you have filled any papers and notices. It is an option and it will cost you a little bit, but it is faster.

[dinosaur]

Originally Posted by Jas29

sorry to thread jack but whats some good sites or places to put ur house up for rent

I'm trying to rent out a full house

Didn't want to start another thread

Honestly, just CL.

I do all my advertising on it. I have tried kijiji and have NEVER been contacted from those ads. You can always try a local paper as well....but in my experience, people who know how to use a computer as better tenants. Its weird, but true.

[Gridlock]

Originally Posted by dinosaur

Ask as many questions as you like...we really don't mind answering

You seem to be asking the right questions. I would also take their SIN...and there is always the option to ask them to provide a criminal background check for you. They can order it themselves (it is fast if they do it) at any police station or community police detachment. Another handy thing I have found is this:

CSO - Home

You can search civil, appeal, and criminal/traffic. Use the criminal/traffic search (its free) and you can view any cases that they were involved in...charges, appearances, and verdicts. I just had a guy apply for an apt and did a check....charged (and guilty of) robbery, assault, and trafficking...spend 2 years in jail and is banned from owning firearms. So no...he did not get the place.

I also use facebook. Now, don't expect these people to like live nuns, but you'll be able to see any red flags. Also, just simply googling people can bring up something. Its a good way to know peoples' lifestyle.

In regards to you question #5...I would not give people the option. Either its month to month or a fixed-term lease. 1 year leases are good to have b/c it is nice to have a commitment. Plus, if they leave before their lease has ended, they will owe you money.

Order of Possession:

An OOP is obtained after you have won your eviction arbitration case OR if you have given the tenant an eviction notice and they have not left. You can do it online or at the branch itself and it will cost 50$.

2 Scenarios:

-You have served the eviction notice for any reason. The tenant fights it and files for a Dispute Resolution hearing. You are sent the notice for the hearing in the mail and given a case number. Call the branch or go in to add to add you evidence to the case number. When you do this, add an OOP. During the hearing the OOP will be brought up...if you win the case (and the tenant needs to move) the judge will give you the OOP. The package will come in the mail with pre-filled out notices you are to give to the tenant. They have 48 hours to vacate. If they do not, there is info in the package on how to move forward.

-You give tenant eviction notice....they do nothing. They don't fight it, nor do they move. If you suspect that they will not move, you can get an OOP before the 10 days are up, or you can wait the 10 days and then get it. The hearings are booked pretty quick.

You should note, that if you are evicting for not paying rent...they STILL owe rent. Not only for the current month, but for the next month as they did not give proper notice. If you want to fuck them...you totally can!

The OOP entitles you to take possession of the apt 48 hours after it is executed. You can go in, change the locks, call the police for trespassing if the tenant is there, get a restraining order if need be, and/or call a bailiff. Basically, the place is yours. You are required, however, to keep any worthy valuables for a 90 day period (tvs, stereos, etc). You can not just throw it all out...unless you deem it as worthless. You may want to take photos or catalogue what was abandoned.

The above seems like a lot of work, but it can be avoidable with a good tenant. Some times if you get a bad one just explaining what can happen will be enough for them just to grab their shit and go. If you sound like you know what you are talking about, they know it isn't worth the fight.

Now....you do have other options...options that are a little less 'legal' and official. If you have a bad tenant and you need him/her gone and you do not want to involve the branch or all the paperwork...PM me and I will hook you up. BUT, you can NOT use this option if you have filled any papers and notices. It is an option and it will cost you a little bit, but it is faster.

Just a few issues on that.

One, if someone asked me to provide a criminal background check to rent an apartment, I'd tell them to get bent.Using the CSO thing to do one on your own is cool though.

And you can't use some goon to haul someone out by the ears, no matter how tempting.

Also, its $500 in personal effects. So if they leave trash, you can treat it as trash, but if they leave trash, and a big screen tv, and its "reasonably" assumed to be worth, collectively $500, then you need to store it. Anything thrown out needs to be inventoried, no matter the value. If they want their stored stuff back, they have to pay for its being packed, moved and stored.

[Gridlock]

Originally Posted by superSandhu

Good stuff, will definitely give the RTA case histories a go. I took your advice and looked around craigslist and local classifieds to see what market prices (or asking prices anyways) were going for. My one bedroom is definitely low on the price spectrum so I think that has been attracting the wrong type of people.
In terms of specific/qualifying questions other than the
1. Where do you live, how long, how much is rent, why are you moving
2. Where do you work, how long
3. Job reference and work reference
4. No Smoking, pets or drugs
5. How long do you plan on staying? Are you okay with a lease?

Are there and other, I guess, lifestyle questions that I should be on the lookout for and ask? I know I am way too nice of a landlord and I need to be colder. You are absolutely right that this is a business, yet for some reason I didn't look at it that way and that explains why I've been pushed around by so many tenants.

Going back to the order of possession does that actually work? From what I've read in the RTA it seems like just a stepping stone to getting a bailiff involved which seems costly. Once I were to get an order of possession what does that actually entitle me to? Sorry for asking so many questions but both my suites are empty and I want to make proper decisions from now on and how to carryout business accordingly. I would rather wait a while than get them rented quickly to people who aren't going to stay.

Cheers

What are you currently doing now regarding:

Application process-do you have a form? Do you take an application?
Leases-what type of lease do you use, and do you do month to month, or yearly leases?

[MindBomber]

Originally Posted by dinosaur

Honestly, just CL.

I do all my advertising on it. I have tried kijiji and have NEVER been contacted from those ads. You can always try a local paper as well....but in my experience, people who know how to use a computer as better tenants. Its weird, but true.

I've tried both Kijiji and CL, and had success with both.

For every 8-10 times I'm contacted via the CL ad, I'm contacted 1 time via the Kijiji ad though.

It's worthwhile putting both out there, since they only takes a few minutes each. If I were to choose one or the other, I'd obviously go with CL.

Unlike Dino, my ads aren't rental related, so take this post with a grain of salt.

[superSandhu]

Originally Posted by Gridlock

What are you currently doing now regarding:

Application process-do you have a form? Do you take an application?
Leases-what type of lease do you use, and do you do month to month, or yearly leases?

Not gonna lie, my application process is pretty terrible which makes sense why I get terrible tenants. I stopped using an applications form and began using instinct, pretty dumb I know, to see who I wanted in the suite. The thing with that is they can make a great first impression but be a completely different person in reality. Trust me I've learned my lesson on that. I used to be very avid when we first bought the property and I use to use a form and short-listed tenants that I wanted to be in the suites. It worked very well for the two bedroom as the first guy we rented out to stayed for a solid 5 years with no problems. But the one bedroom, even using the, very simple, application form we had no luck. Are there any forms you can recommend to look at?

Regards to the OOP that just put a big smile on my face lol. At least now I know I can have some power in changing locks of the tenant if he/she fails to pay rather than just letting them stay there hoping they will pay.

Leases I've done two 6 Month leases (which both went well actually) and one 1year lease, which the guy ducked out beginning of September. He moved in around May I believe, so I'm wondering would I still be entitled to some type of compensation that he left so early? He gave me a one day notice, packed his shit and left. He also left some crap behind that I have also been trying to deal with/damage to the walls and stains on the carpet. I didn't give him his damage deposit back but it was because he was one month late on rent (that he still hasn't paid either) In return for the Month of July which he didn't pay rent he said he would paint the house and do some gutter work (btw he owns Signature Gutters which are terrible) and he didn't get to do that either. Now the thing with the Paint/Gutter work exchange for Julys rent I actually made a contract and had him and myself sign it. Would that hold up? and should I be taking this to small claims court?

[Gridlock]

Originally Posted by superSandhu

Not gonna lie, my application process is pretty terrible which makes sense why I get terrible tenants. I stopped using an applications form and began using instinct, pretty dumb I know, to see who I wanted in the suite. The thing with that is they can make a great first impression but be a completely different person in reality. Trust me I've learned my lesson on that. I used to be very avid when we first bought the property and I use to use a form and short-listed tenants that I wanted to be in the suites. It worked very well for the two bedroom as the first guy we rented out to stayed for a solid 5 years with no problems. But the one bedroom, even using the, very simple, application form we had no luck. Are there any forms you can recommend to look at?

Shoot me a PM with your e-mail and I can send ours over to you.

Originally Posted by superSandhu

Regards to the OOP that just put a big smile on my face lol. At least now I know I can have some power in changing locks of the tenant if he/she fails to pay rather than just letting them stay there hoping they will pay.

Leases I've done two 6 Month leases (which both went well actually) and one 1year lease, which the guy ducked out beginning of September. He moved in around May I believe, so I'm wondering would I still be entitled to some type of compensation that he left so early? He gave me a one day notice, packed his shit and left. He also left some crap behind that I have also been trying to deal with/damage to the walls and stains on the carpet. I didn't give him his damage deposit back but it was because he was one month late on rent (that he still hasn't paid either) In return for the Month of July which he didn't pay rent he said he would paint the house and do some gutter work (btw he owns Signature Gutters which are terrible) and he didn't get to do that either. Now the thing with the Paint/Gutter work exchange for Julys rent I actually made a contract and had him and myself sign it. Would that hold up? and should I be taking this to small claims court?

Yes, he's liable. The short version(as I've gone over the lease thing in other posts) is a lease is a guarantee that for the period of the lease, you make the amount of rent for that period, paid monthly.

Now, he left damage, he left garbage and he didn't even provide proper notice. Then, you have a work arrangement in lieu of rent, and he didn't hold that up either.

So, in arbitration, he would owe for July(here's the interesting thing, I don't know what the Branch would do regarding your work arrangement. It *could* be out of their jurisdiction. I'm not sure. I don't conduct business with tenants. He would owe for September, and he would owe for any loss of rental revenue for the remaining amount of his lease if you need to drop the price.

Plus, you have the hard part solved in that you should be able to find him, to serve him, because of his business(which, ps, is obviously not thriving)

So, what have we learned?

1. You are going to start using a proper application form. You are going to go over the "do's and don'ts" of living in your suite.

2. Once you are happy with your selection, you are going to call their references, and sign a proper lease.

3. You are going to increase the rent to market standard

4. You WILL make money from your basement.

[Lomac]

Originally Posted by superSandhu

Wow thanks so much for the reply Gridlock/dinosaur really appreciate the feedback. I haven't been taken any cheques from tenants because we have always (last 10 years) dealt with cash transactions. That is something I will definitely look into. As far as the place goes, I will attach pictures and show you guys the two suites. I have had them painted/shampoo carpets/clean in and out, but I have not updated any appliances or cupboards since we first built them.
What we include with suites currently are all utilities/cable/wifi/laundry(no dryer, no room for it)/appliances(stove/fridge)
We rent the two bedroom out for $800 and the one bedroom goes for $600. We are in a very urban area in a quite cul-de-sac with good neighbours and atmosphere.

Questions relating to RTA 10 and eviction of tenant. Do you know what the charge to get an order of possession is? and how quickly/effective does it work if you have had to use it in the past

I was also suggested going to a tenancy renting agency but wanted to know what's your take on that. I guess I wouldn't mind giving someone a cut if I was to know that I wouldn't have to deal with tenancy problems and know my rent will be on time.


Here is an album of the basement suites. Any ideas/renovations/suggestions to improve or to lose would be much appreciated.
Photo Album - Imgur

Again Thank you guys for your quick responses and suggestions they are much appreciated.

Holy crap. That's your place? I've got the CL link saved on one of my browser tabs right now!

I've been looking for a new place. I may give you a call in the next couple days if you haven't rented the unit out yet.

[superSandhu]

Thanks Grid! I just had a tenant come and look at the one bedroom suite (the rent is still low so I will update the price once full cleaning/mini reno is done) and man was he an eager beaver. Said he was living with his mom before then moved to his gfs place and now he wants his own?:S Then he said he smoked which is definitely listed as not allowed in the ad. But the MAJOR red flag was "I'll bring the damage deposit by tomorrow." Thanks to your guys' guidance and knowledge, old me would have loved to rent out the suite asap, but new evolved me declined. I will forever be thankful to you guys for the knowledge and great advice you have provided.

Grid - I pm'ed you my email

Cheers!

[Soundy]

Originally Posted by Lomac

Holy crap. That's your place? I've got the CL link saved on one of my browser tabs right now!

I've been looking for a new place. I may give you a call in the next couple days if you haven't rented the unit out yet.

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