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-   -   Tenant late on rent. Should I fix oven (https://www.revscene.net/forums/697372-tenant-late-rent-should-i-fix-oven.html)

4444 10-14-2014 05:24 AM
5%, 30%?

what property management companies have you guys been using?

standard is 10%, you can get lower but that's when they start taking first month's rent for new tenants (i.e. gives them incentive to have a revolving door of tenants).

basically you will not see a penny more of rent from the tenant - go through all legal routes (this is where a property manager may help you as they'll be fully up to speed on these processes), and get rid of them.

what you're going through is why i wouldn't own a rental in BC, i've gone through the same in the US, good thing is (depending on state) they're out within 25 days - but it's never a win for you to kick a tenant out, will always cost you, even if you have 1 month's deposit.

best of luck kicking the tenant to the curb, they deserve nothing good from life if they're being an unreasonably bad tenant

Mr.HappySilp 10-14-2014 08:01 AM
Here is what I did. My tenant just like your disappear and haven't pay rent for about 20 days. Try to call her call her work her mom all no answer, going up to the unit she will not open door (I know she is at home since there TV noise).

So I serve the 10 day notice and I also call up the police explain to them that
A. This person haven't answer my calls for the last 2 weeks .
B. She haven't been to work during that time.
C. Calling her parents home there is no answer.
So at this point I fear something might happen to her such as she is injury or murder or sth (not true I just want the police to be there when I open the door to the apartment to make sure I am doing this by the book). Police said they will go with me to make sure she is ok but they are not there to get my rent or anything.).

Fast forward meet police at the suite door open the door and BAM she is there with her bf half naked. After she got dress the police explain what happen and now that she is safe we will leave. I casually ask her if she receive my 10 day notice she just said yes. Next day she called and said she packed already and is moving out and just wanted to give my keys back.

Sometimes getting the police invole does help at least it scares them and you are letting them know you mean business and they can't be dicking you around.

dvst8 10-14-2014 08:12 AM
Quote:
Originally Posted by SumAznGuy (Post 8543151)
First off, as a landlord, you need to give the tenant 24 hours notice. By going into the unit without notice and tossing their stuff out, imo, is not the right way to do things, unless you know they are doing something illegal ie grow up, in which case the police need a warrant before they can enter.
I'm not sure, so don't quote me on this, but going into their unit and tossing out their stuff might even land you in trouble with the law.
The RTB has it's uses too as a landlord, but for the most part, their rules gives tenants far too much power.

From what I recall from Grimlock and Dinosaur, even if you go to the RTB because of non-payment, the tenants can live in your unit rent free until the RTB comes out with their decision. Even if they do rule in your favor, do you think those low life dead beats will pay up.
From what I recall, they usually just talk to the tenants and tell them they can move out right away and terminate the rental agreement. You may have to search up their old threads to find their exact post, but I recall it being along this line.
The sooner you get them out, the less damage they can do to your unit. If they know they are on their way out, what's stopping them from ripping open the walls and stealing all the copper and moving out in the middle of the night. Or worse yet, take off and leave behind crappy urine/feces infested furniture that you will have to pay to discard of.

Generally, a property manager isn't going to do shit for you other than what you can do yourself and then get 30% from you. Do your own back ground checks. Ask for references. Heck, google and facebook them. This is stuff a property manager may not do when you use one to rent out your unit.
I agree that resolving the situation on my terms is probably the worst idea. The RTA is amusingly favourable towards tenants that I have to be at mercy.

I'll keep everyone posted next week.

dvst8 10-14-2014 08:16 AM
Quote:
Originally Posted by Mr.HappySilp (Post 8543253)
Here is what I did. My tenant just like your disappear and haven't pay rent for about 20 days. Try to call her call her work her mom all no answer, going up to the unit she will not open door (I know she is at home since there TV noise).

So I serve the 10 day notice and I also call up the police explain to them that
A. This person haven't answer my calls for the last 2 weeks .
B. She haven't been to work during that time.
C. Calling her parents home there is no answer.
So at this point I fear something might happen to her such as she is injury or murder or sth (not true I just want the police to be there when I open the door to the apartment to make sure I am doing this by the book). Police said they will go with me to make sure she is ok but they are not there to get my rent or anything.).

Fast forward meet police at the suite door open the door and BAM she is there with her bf half naked. After she got dress the police explain what happen and now that she is safe we will leave. I casually ask her if she receive my 10 day notice she just said yes. Next day she called and said she packed already and is moving out and just wanted to give my keys back.

Sometimes getting the police invole does help at least it scares them and you are letting them know you mean business and they can't be dicking you around.
LOL, I'll keep this in mind.

T4RAWR 10-14-2014 06:29 PM
in for updates

dvst8 10-19-2014 07:52 PM
Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.

SSM_DC5 10-19-2014 08:11 PM
Quote:
Originally Posted by dvst8 (Post 8545825)
Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.
Did you already give back the damage deposit?

dvst8 10-19-2014 08:23 PM
Nope I kept it but its going to pay off the utilities she owed.

SSM_DC5 10-19-2014 08:40 PM
Quote:
Originally Posted by dvst8 (Post 8545834)
Nope I kept it but its going to pay off the utilities she owed.
did you have the proper documentation to keep the damage deposit?
like the Condition Inspection Report for starters?
http://www2.gov.bc.ca/gov/DownloadAs...name=rtb27.pdf

dvst8 10-19-2014 08:45 PM
We didn't fill out a form for that. I think I will next time though. Thanks.

SSM_DC5 10-19-2014 08:58 PM
Quote:
Originally Posted by dvst8 (Post 8545844)
We didn't fill out a form for that. I think I will next time though. Thanks.
ok, how about a forwarding address? did the Tenant give you that?

Traum 10-19-2014 09:09 PM
Quote:
Originally Posted by dvst8 (Post 8545825)
Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.
IIRC, you're supposed to hang on to that shxt for her for a specified period. Otherwise, she could come back later on and if you can't give the junk back to her, she can sue you at small claims for her "loss". It's utter BS, but that's the tenancy branch and the tenant protection laws for you.

On the other hand, I think you can bill her for any storage fees you incur as a result of storing those junk of hers. If she doesn't pay up, you can file at the small claims court to claim that amount. Of course, going this route (suing) is gonna eat up your time and energy.

Try to get ahold of her, and if she says that she doesn't want her shxt anymore, make sure you have that documented somehow (best to get her to put it down in writing). It's a pain in the ass, but you gotta take all the necessary measures so that you don't get ripped off

Mr.HappySilp 10-19-2014 09:55 PM
Quote:
Originally Posted by dvst8 (Post 8545825)
Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.
Did you run thorugh the inespection with her while she leave. You should because if there is any damage you have to noted it down and both of you have to sign the form in the end. Also she is require to clean up the suite and take all of her things with her. If she doesn't want it she still have to dump it out herself...... Not a good sign. As someone said you can't just keep her deposit. You can however use the deposit towards damage repairs and force her on the spot to remove all her shit.

SSM_DC5 10-20-2014 12:01 AM
Quote:
Originally Posted by Mr.HappySilp (Post 8545872)
....As someone said you can't just keep her deposit. ....
not entirely true

from the RTA Section 39 of Division 5 — At the End of a Tenancy
Quote:
Landlord may retain deposits if forwarding address not provided

39 Despite any other provision of this Act, if a tenant does not give a landlord a forwarding address in writing within one year after the end of the tenancy,

(a) the landlord may keep the security deposit or the pet damage deposit, or both, and

(b) the right of the tenant to the return of the security deposit or pet damage deposit is extinguished.

dvst8 10-20-2014 01:05 PM
Quote:
Originally Posted by Traum (Post 8545855)
IIRC, you're supposed to hang on to that shxt for her for a specified period. Otherwise, she could come back later on and if you can't give the junk back to her, she can sue you at small claims for her "loss". It's utter BS, but that's the tenancy branch and the tenant protection laws for you.

On the other hand, I think you can bill her for any storage fees you incur as a result of storing those junk of hers. If she doesn't pay up, you can file at the small claims court to claim that amount. Of course, going this route (suing) is gonna eat up your time and energy.

Try to get ahold of her, and if she says that she doesn't want her shxt anymore, make sure you have that documented somehow (best to get her to put it down in writing). It's a pain in the ass, but you gotta take all the necessary measures so that you don't get ripped off
The tenancy board needs to be changed that's for sure. I going to throw it all out or if I find out where she is, I will be happily to hire someone to return her belongings. She basically left the suite a day before we were suppose to meet up. She also left the keys in the suite so I am pretty sure she's not coming back to collect.

Depending on costs, I wouldn't mind taking this to small claims just to teach her a lesson. She's been screwing around landlords for a long time and this shit needs to stop.

dvst8 10-20-2014 01:08 PM
Quote:
Originally Posted by Mr.HappySilp (Post 8545872)
Did you run thorugh the inespection with her while she leave. You should because if there is any damage you have to noted it down and both of you have to sign the form in the end. Also she is require to clean up the suite and take all of her things with her. If she doesn't want it she still have to dump it out herself...... Not a good sign. As someone said you can't just keep her deposit. You can however use the deposit towards damage repairs and force her on the spot to remove all her shit.
She took off before our meetup date and she's not answering my calls. In a old txt msg from her, she mentioned that I can keep the deposit. So I should be safe to keep it. Its just not enough to pay for much of the cleanup/rent/utils...

dvst8 10-20-2014 01:10 PM
Quote:
Originally Posted by SSM_DC5 (Post 8545848)
ok, how about a forwarding address? did the Tenant give you that?
Nope, she's broken all contacts. It was hard enough to talk or believe anything she said when she was there.

underscore 10-20-2014 03:41 PM
Quote:
Originally Posted by SSM_DC5 (Post 8545932)
not entirely true

from the RTA Section 39 of Division 5 — At the End of a Tenancy
You stopped bolding before an important part:

"if a tenant does not give a landlord a forwarding address in writing within one year after the end of the tenancy"

SoNaRWaVe 10-20-2014 04:36 PM
Just curious, how did you find out she has done this to other landlords? Or are you just assuming?

dvst8 10-21-2014 02:47 PM
Not assuming. Mainly finding info in the internet. One tip lead to another etc...

quasi 10-21-2014 03:42 PM
Quote:
Originally Posted by dvst8 (Post 8545825)
Well she moved out but left a ton a mattresses, dirty furniture, cat litter boxes, dirty carpets. I really don't know how she lived like this. I am going clean this up in a few days once I have time and figure out how I am going to get her to pay for the clean up.
This right here is why I refuse to suite my basement, just not worth it to me.


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