Fussy Tenant

[CRS]

A little aside before my problem... I was going to just create an "Official Gridlock and dinosaur thread" instead of this but I will leave that honour/fame for them should they want it. I certainly would have no objections for it.

Back to the issue at hand. I have a brand new apartment that was just finished in Aug and found a tenant right away. The person had good credit and during the interview seemed good as well. She has a full time job and everything seemed to be going right.

Well, apparently I was completely mistaken. This person is just the absolute most ridiculous complainer I've ever met. After she moved in, there have been an endless amount of "issues" she keeps bringing up.

First it was how the parking stall assigned is too far from the elevator and if we could get another one for her (other than the fact that it's the developers who assign parking spots and I have nothing to do with it) .

Second she noticed what appears to be rust in the sink and other places. Went to see/inspect and it turns out to be dirt/food debris.

Third she starts complaining about how the appliances aren't working. When I arrive to see (on other occasion) the appliance start to magically work.

Fourth she wants to complain about neighbours around her being too noisy and wants me to report it to strata and have this stop.

Fifth she hears wind coming from the vent on windy days every few mins.

I can go on but I want to spare you my misery. Now, in Aug, we had signed a 1 year rental agreement. We're only into Oct and this person is constantly emailing/calling me about issues she finds with the apartment that are just the most trivial issue or non-issues entirely. I've had to visit the apartment 5 times in the last 2 months to "fix" these issues that were really her being stupid.

What can I do? I really just want to kick this person out and find another tenant because I don't know that I can keep a calm demeanour and pretend like her issues are actually important for another 10 months.

[SSM_DC5]

"clearly you're not happy with the apartment, if you'd like I'm willing to work with you to end the tenancy agreement"

then go on to make an amendment and get them to pay out the time that the space is vacant.

if the tenant says no, then just tough it out. remember you're only obligated to do what the agreement says. i doubt your agreement says that you are responsible for dealing with strata so tell her to piss off and tell them herself. you're leasing out the space, not being hired to be her mother.

[punkwax]

Originally Posted by CRS

I've had to visit the apartment 5 times in the last 2 months to "fix" these issues that were really her being stupid.

Is she cute? Sounds to me like she may want the D and makes things up to see you?

Food for thought..

[Manic!]

If you don't want to be bothered that much kick her to the curb. I have a tenant that just won't stop talking. I can put the phone down for literally 5 minutes and then pick it up and she won't notice. I have hung up on here multiple times.

[CRS]

Originally Posted by Nodnarb

Is she cute? Sounds to me like she may want the D and makes things up to see you?

Food for thought..

The day I see her naked when I go into the apartment

Spoiler!

[Gridlock]

Stop humoring her.

You are being pleasant, and nice and listening to the bullshit. Stop.

Sorry, but you can't evict her for being a fucking knob. Some of them are. I don't know how many complaints a person can have moving into a brand new apartment, but you need to realize that either you play it out and she eventually settles down, or you lay the smack down.

The next time she calls you out, I would simply put, "you've brought me out for: dirt, perfectly functional appliances, wind and complaints about neighbors your first month in. I want to make sure that everything works out well for you, but I can't be here all the time for non-priority items"

You are friendly, and informative, and you did a nice back-handed method of saying, "you are talking shit sweetie.".

I'd also straight up ask if she's trying to get out of her lease. Had one of those too. No one wants to bring it up, because then you'll hit them with charges, and holding deposits and all that, but if you say, "are you looking for a way to get out of the lease....cause, bitch, I can mofo make that happen" you may just solve your problem.

[Gridlock]

And no, you can't just kick her to the curb guys...you need either: cause(good luck), luck, or tenant be late with the money.

Making the case for cause is tough. Informing them of the issue, giving them a chance to correct it, and so on. It's a tough day to get someone to sign off on having a person lose their home.

[Iceman-19]

LOL. The parking space is too far from the elevator. WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOW.

I commend you for keeping your cool. Stories like this are why I am happy I rent. I haven't talked to my landlord in probably 4 months. Hes a bit of a weirdo so I don't like talking to him, but he doesn't bother us either, so its all good.

[CRS]

So... Guys....

I just got an email from her saying she doesn't get hot water in the apartment and the light bulb is out and to see if there is something I can do about it...

Honestly, how the hell can I solve the hot water situation? Its a god damn apartment that has a giant communal tank somewhere in the basement. The light bulb is out... Errr.. Go and change it...?

Am I being trolled IRL? Are people really this retarded?

[Iceman-19]

You are responsible for light bulbs, srsly. As for the hot water, contact the building manager.

[BrRsn]

I somehow feel better about my tenants CRS, Thanks!

[dinosaur]

You, my friend, have a princess.

We had 3...now we don't have any because...well...we are dicks.

I understand that it can be hard to start to be a dick because I usually start off as the nice one. You want to have a good relationship with your tenant, you want to trust them and for them to trust you, you want them to treat the place as if its their own....problem is, these princess' crown will grow.

What you need to do is write a stern email. Give a list of items that are the responsibility of the tenant (light bulbs, fuses, cleaning, etc.) Be honest. Tell her you do not have the time to hold her hand through her tenancy. You work/family/hobbies/etc...whatever. If she has a serious problem with something, ie: water leak, fire, etc to contact you immediately but for the rest, she can make note of it and let you know in a reasonable time.

Also, start saying "no". Give her a run-down of communal living:

-You have neighbours...you will hear them.
-You share hot water...it will not be hot all the time.
-Your parking spot is where it is because there are other tenants that have the others.
-The building does not revolve around you and you need to have a higher tolerance.

Be a dick. Be short with her on the phone. Don't respond to email right away. Unless these complaints are worthy of a response, don't.

Also, don't let her out of her lease. If she wants to break it, penalize her. Don't let her whine her way out of this.

[dinosaur]

Originally Posted by Iceman-19

You are responsible for light bulbs

Nope. Tenants are responsible for bulbs and fuses.

[T4RAWR]

post a pic

[Stiig]

I don't want to be racist but, when I saw the title of the thread Fussy Tenant

I pictured a white person

[CRS]

Originally Posted by Stiig

I don't want to be racist but, when I saw the title of the thread Fussy Tenant

I pictured a white person

When someone needs to preface something with "I don't want to be ______", they're almost always "______".

Also you'd be wrong.

[SkinnyPupp]

Hey Revscene, can we not have every single useful thread turn into a shit show?

[yray]

CRS can have a contract with RS beatdown crew for tenant services. A group of men showing up to fix her shit .

[dinosaur]

Originally Posted by SkinnyPupp

Hey Revscene, can we not have every single useful thread turn into a shit show?

You took the words right out of my mouth.

[bcrdukes]

Originally Posted by dinosaur

You took the words right out of my mouth.

Don't make me...

[Lomac]

Originally Posted by dinosaur

Nope. Tenants are responsible for bulbs and fuses.

One reason why I like my landlord. Provided I submit receipts, I can fix whatever I want around the house and yard and get reimbursed for it. I know they don't have to do that, but it's a nice touch.



I'm gonna go out on a limb and say that she's either a first time renter or simply a princess used to getting her own way. Apart from the alleged appliance not working, all of those complaints she's submitted are asinine. If her parking spot is too far away, tell her to go park on the street and then complain about the walking distance. Or tell her it's good exercise. Water not hot enough? She needs to shower during the off-times, then. Neighbours being noisy? There's a building manager on site for a reason. Vent whines occasionally during a windy day? Guess what, it happens.

Some people.

[GLOW]

Originally Posted by Gridlock

And no, you can't just kick her to the curb guys...you need either: cause(good luck), luck, or tenant be late with the money.

Making the case for cause is tough. Informing them of the issue, giving them a chance to correct it, and so on. It's a tough day to get someone to sign off on having a person lose their home.

i was reading up on RTA, and correct me if i'm wrong, but you can also kick them out for not paying agreed upon deposit within 30 days of moving in, or breach of contract (eg no smoking and they're smoking)? seems like they're on the 'reasons' to check off when filling out the form for giving notice.

[Gridlock]

Originally Posted by GLOW

i was reading up on RTA, and correct me if i'm wrong, but you can also kick them out for not paying agreed upon deposit within 30 days of moving in, or breach of contract (eg no smoking and they're smoking)? seems like they're on the 'reasons' to check off when filling out the form for giving notice.

Evicting people is either hard...or really easy.

There is money, and then there is everything else. If you are owed money, or they are late giving you money, you are golden. If they are late once, you give them a late notice. First documented warning. Next time, give them the RTB 10(the pay to stay form). If you have 3 times in 12 months, then hit them with a 30 day. The branch will actually back you.

For all other reasons? Good luck! Document the shit out of it, have photos, written documentation and it better not be petty bullshit because the people at the branch are NOT idiots and will know what you are trying to do.

And have fun with the tenancy that continues after you tried to evict them for cause.

[finbar]

Once upon a time a princess tenant complained about the toilet paper running out and expected me to install a new roll!
HAH! Can't understand normal thinking.
I enjoyed delivering the condescending lecture.

[dinosaur]

To break it down in simple form....

How You Can Evict a Tenant

Money
Like Gridlock said above, money is, BY FAR, the easiest way to evict someone. It is a very black and white area of the Act and very simple to understand.

Rent is due on the 1st of the month regardless of holidays, bank holidays, weekends, Sundays, pay days, and what ever excuse a tenant can attempt to use. At 12:01am on the 2nd, rent is late.

On the 2nd, a 10-Day Notice of Unpaid Rent (eviction) can/should be issued. This notice gives the tenant 5 days to either pay OR file a dispute resolution at the Branch. If, within 5 days either is not done, it means that the tenant has accepted the notice and must move within the next 5 days. If you do not hand the notice to them in person, they have an addition 3 days on all fronts. Yes, they still owe rent for the entire month.....and the following month if you want to be a dick.

Furthermore, if a tenants' rent payment is late 3 times "within a reasonable time frame" (12 months), that tenant can be served a 30-day (one month) Notice to End Tenancy. This notice MUST be issue before the end of the month....so, if the 3rd time late is for the month of October, a landlord will issue the notice October 27th for that tenant to move November 30th. And yes, the tenant still needs to pay rent for November....some times they have difficulty understanding this.

For Cause
Evicting for cause is tricky, time consuming, and overall...a pain in the ass. However, should you have a dick tenant, it is worth it. This area of the Act is all grey...meaning, it can all depend on the situation, what judge is assigned, the landlords evidence package, etc.

Some examples:
-Disturbed quite enjoyment (noise, parties, fighting, yelling, disrupting neighbours, etc)
-Sever damage (self explanatory....but this damage may also be the result of hoarding, smoking, animal/insect infestation, etc)
-Health and Safety (violence, threats, smoking, drugs, etc)
-Breaking an agreed upon amendment to the RTA (pets, use of space, smoking, etc)
-Exceeding the a reasonable number of occupants
-Unpaid damage/pet deposits
-Other random issues

To evict for any of the reasons above, a landlord will need to provide as much evidence as possible (photos, statements, police reports, letters from neighbours). Along with this evidence, the landlord must as prove that there have been ample warning, ie: verbal warnings, several written warnings, timelines (check out Acura604's thread [http://www.revscene.net/forums/68702...n-rights.html] - several letters....appropriate amount of time given to comply, etc).

This is a long game and it has to be done well. You can't just evict a tenant because he listens to the TV to loud. This needs to be repeated offenses that severely impact others or the property. It can be frustrating, but if you have a real bad one, it is obviously worth it.

Here is the back of the form for the 30-Day Notice to End Tenancy:
rt ex.JPG

Other Reasons To Evict
There is a rarely used 2-Month Notice To End Tenancy. This is used for use of the property and ownership of the property, etc. The notice involves the landlord giving the tenant one (of the two) month of free living or if the tenant chooses, they can move after 1 month and be handed one month's rent in cash. This form is pretty black and white as well, but if you are evicting to renovate, be prepared to provide ample evidence. Landlords will try to use this form in a deceitful manner and it always fails...you need to prove this stuff and if the tenant tries to fight it, the landlord could get fucked.

fkeodn.JPG

That should pretty much cover all ways/reasons to evict. Some times it is easier to read the forms used instead of the Act to see if your case will hold up in court. If you ever need to use these form, make sure you read the delivery instructions because if it is not done correctly, your case will be thrown out before it even starts. It is VERY specific.