Issues with tenant (two brothers)

[blkgsr]

i've got two brothers renting my house out right now since April 2014, both have signed the lease.....i've always delt with the younger brother who seems like a stand up guy

one has turned out to be a bit of a gong show...there's been some issues in the past (bounced checks etc) cops called once (on the older brother, domestic issue with baby mama)

i just got told the cops where at my house yesterday (fyi i've been travelling and am currently living in Australia) and to deal with the older brother....i'm not going into detail


he apparently will no longer be living at the house and the younger brother won't be able to cover the rent....he thinks he's just going to be able to walk away but obviously that's not the case

he's informed my dad, who's taking care of things for me, that the payment for november will go through

i know he's liable for the remaining months (Dec-March).....my dad likes this guy (so do i he keeps the house spotless) and has recommended i reduce the rent to a point he can pay but i obviously still need my mortgage covered....i've told my dad to tell him to try to find another roommate so we'll see how that goes

i've got enough lawyers in my family to tie this guy up in court and get any owned money from him but i don't want to ruin this kids life over something unfortunate like his brother


any thoughts or recommendations....obvisouly this would be alot easier if i was home but i'm trying to deal with this the easiest way possible from the other side of the world

thanks

[Traum]

I 100% agree that you have every right to sue these brothers' a$$es all the way to the end of your rental contract, but just because you have that legal right doesn't mean you should.

If I were in your shoes, I would try to find something that would make it work for the younger brother. Have him find a roomie is a viable option, as is reducing his rent a bit, but not to the point where you are losing money (from the mortgage payment).

IMO, the best option is to ask the younger bro to leave and find another place for himself. In the mean time, you (or your old man) would find another tenant to take over asap. And then all the 2 brothers would be responsible for is the amount of uncollected rent between when they moved out, and when your new tenant moves in.

[tiger_handheld]

give the young brother two months of reduced rent to find a new roomie with the condition that he pay you back something extra starting in the 3rd month to cover the losses from months 1 n 2.

[lowside67]

Originally Posted by blkgsr

i know he's liable for the remaining months (Dec-March).....my dad likes this guy (so do i he keeps the house spotless) and has recommended i reduce the rent to a point he can pay but i obviously still need my mortgage covered....i've told my dad to tell him to try to find another roommate so we'll see how that goes

i've got enough lawyers in my family to tie this guy up in court and get any owned money from him but i don't want to ruin this kids life over something unfortunate like his brother

If you have lawyers in the family, they will probably remind you that although you have a lease, the tenant is not automatically liable for the rent for December to March. What the tenant IS liable for, is any lost rent while you make a reasonable effort to rent the unit out.

In other words, if he tells you he can pay November but not December onwards, and you are able to rent it out for the same money starting December 1st, he doesn't owe you a cent.

If he moved out December 1 but you couldn't rent it until January 1, he would be liable for one month which is the lost rental revenue. However, you have to demonstrate that you made a good effort to rent it - some people are under the impression that they can just not do anything, and then sue for the lost rent since it's less work than finding a tenant, but this is not accurate.

Hope that helps,
Mark

[fliptuner]

To add, even if you sued him and won, you'd still have to collect, which could take awhile.

IMO, your best course of action would be to continue to rent to him, at a reduced rate, until you can find new tenants.

[Manic!]

Toss him out and find a new tenant.

[blkgsr]

guys thanks i agree with everything you've all said...except you Manic


i've emailed him and have told him that we need to have a discussion but to take some time to deal with the family matter and get his head straight again...

[bcrdukes]

Originally Posted by blkgsr

guys thanks i agree with everything you've all said...except you Manic

lol

Good luck, OP. Hope the outcome is a win/win.

[blkgsr]

ok well thought i'd come back here for more help....the damage to my house, windows and doors still hasn't been repaired although i was told it was going to be done last week (great time of the year i know)

at this point enough is enough, i'm kicking this fucker out and coming home

1) what's the best way to let him know i'm kicking him out? i know i have to give notice prior to the beginning of the new month and he has that month as long as he pays (ie notice prior to dec 1, move out by end of dec). but with a tons of emails and no communication back, as well as the repairs not being done is there anyways i can kick hi m out sooner? i know with late rent you can give 10 days (which i'll probably end up doing anyways since his dec payment will bounce...happened before)

any other help or info you guys could provide would be great

thanks

[GLOW]

i'm no expert but i've read up on this topic.

IMO the non-payment process is the best bet on booting someone out. everything else is subjective and requires lots of evidence/documentation. non-payment is black and white.

[underscore]

What the heck changed in the last couple weeks? It sounded like they were taking good care of the house before.

[fliptuner]

Originally Posted by underscore

What the heck changed in the last couple weeks? It sounded like they were taking good care of the house before.

Yeah, I thought the douche brother left and it was just a matter of if the decent one could afford to live there.

[GLOW]

my guess is OP's family did a walk-through and found some skeletons in the tenant's closet with a bunch of damage to the home.

[blkgsr]

no interior is still mint....but two broken exterior doors and a smashed window from two weeks ago have yet to be replaced.....i've also heard from the guys now former employer that he's moved to kelowna......it's more a total lack of communication and not knowing if the repairs are getting done

[GLOW]

sounds like you don't have to kick him out. already skipped town and he did the old

[blkgsr]

well more info....my dad stopped by the house and went in, the older brother was there and they talked about the repairs (supposed to be done in the next day or so). all their shit is still there

my dad was also able to get a hold of the younger brother who backed up the same story with the same details.....i didn't ask how long after he spoke to him. the brother could have phoned the younger one and told him my dad stopped by but who the fuck knows......

i want them to stay (as stupid as that sounds) only because i don't want to come home yet and ruin my the rest of my trip....

[blkgsr]

well enough is enough, i'm kicking them out and coming home mid dec...flights booked

i've been reading up on the tenancy website and this is my plan

- email him telling him i'm kicking him out (including the 1 month notice form) I'm going to have my dad put a copy in the mailbox by Nov 27 so it's still technically received prior to dec 1 (3 day allowance for not personally handing it to him per the website, email is not a sufficient delivery method)
- i'm telling him i'm pulling his checks at the bank and he has to send me an interact trasnfer for the dec rent on the 1st (he's had three checks bounce already).....this way if he doesn't i have the 10 day eviction notice ready to go to get him out earlier

thoughts?? all seem legit on my part?? anything else i can do?

what costs/losses will i be able to go after? rent for december, any subsequent months? no right because i'm kicking him out?

thanks

[Jas29]

If i remember correctly isn't the tenant supposed to get 1 month free rent if you kick him out before the end of the contract.

[blkgsr]

i didn't see that anywhere in all the pages i read

[Jas29]

My bad that's only for 2 month eviction notices. I read your post wrong

[blkgsr]

ya this is more of a he fucked up eviction....i was aware of the 2 month landlord ends for his own reason

[blkgsr]

anyone have any experience with holding back damage deposits (and a subsequent claim to the tenancy board?)

want to know what reasonable "wear and tear" is, if i can hold money for neglected yard maintenance, repairs done with inferior/different products etc

[GLOW]

this seems applicable to you...

BC Landlord and Tenant Resources - Damage Deposit

Unless the Landlord has the tenant's written consent to keep all or part of a deposit or has an outstanding dispute resolution officer's order that can be applied against the deposit, the Landlord must return the deposit plus interest within 15 days after the tenancy ends, or apply for dispute resolution with the Residential Tenancy Branch to make a claim against the deposit. The 15 day period commences when the tenancy ends or the Tenant provides a forwarding address in writing, whichever is later.

If a tenant does not provide the landlord a forwarding address, in writing, within one year after the end of the tenancy, the landlord may keep the security deposit and/or the pet deposit.

unless they dug up and destroyed a plumbing pipe i don't see any luck on claiming yard maintenance. not sure about sub-par material...but i think if it wasn't repaired to BC building code you would have a case. if they broke a door handle and replaced it with an ikea one, i think it's hard to prove your case unless you have receipts?

[blkgsr]

ya i'm up on all that....stupid fucking rule about interest though

i spoke to someone at the tenancy branch (left my number and got called back by a guy with a US number??), he pretty much said to tell the tenant what i want to hold back, if he agrees great get it in writing as per the rules (this will never happen), if he doesn't agree then take it to arbitration at which point i will provide all my documentation (pictures, back up for material costs, labour costs etc)

i could bury him in back up, it's all going to come down to what the arbitrator will consider acceptable

[Neoxphuse]

What's the status now?