Tenant won't sign new tenancy agreement.

[6793026]

HOLY FUCK. how the fuck do some of you post when it's NOT TRUE.

As some of you have mentioned, if you MOVE into the basement, then he has to leave.
That's TRUE *with tons of minor details involved.

Yes, you need 3 months requirements etc. blah blah blah.

HOWEVER
If you are CAUGHT DOING THIS and your existing tenants catches your listing on CL and try to rent, they can sue your ass.

[Traum]

Originally Posted by 6793026

HOLY FUCK. how the fuck do some of you post when it's NOT TRUE.

As some of you have mentioned, if you MOVE into the basement, then he has to leave.
That's TRUE *with tons of minor details involved.

Yes, you need 3 months requirements etc. blah blah blah.

HOWEVER
If you are CAUGHT DOING THIS and your existing tenants catches your listing on CL and try to rent, they can sue your ass.

What do you mean by "tons of minor details"? Would you care to describe a few of them?

I fully acknowledge that I am not a rental property expert, but using just plain common sense, a basement suite is completely different from the main suite. The amount of space being rented is different. The amount of rent being collected is different. The only thing that's the same is the house address.

[Lomac]

Originally Posted by 6793026

HOLY FUCK. how the fuck do some of you post when it's NOT TRUE.

As some of you have mentioned, if you MOVE into the basement, then he has to leave.
That's TRUE *with tons of minor details involved.

Yes, you need 3 months requirements etc. blah blah blah.

HOWEVER
If you are CAUGHT DOING THIS and your existing tenants catches your listing on CL and try to rent, they can sue your ass.

...what?

[Great68]

Originally Posted by insomniac

i talked about it with some other people. so my house is a 2 storey house. a third of the house is totally isolated from the rest of the house and that slot is for the tenant. is it possible for me to move into that slot and rent out the other 2/3 rds without breaking any of the rules?

I can't comment as I don't know the answer.

I do know that RTB Arbitrators are not stupid, would probably look out for this sort of thing, and don't always deal in black and white.

[Traum]

Come to think of it, I think the moving into the basement thing would make more sense, and you'd have much better coverage to protect your own a$$, if you do the following:

- look into rental costs for a suite the size of your main floor in your area (let's say it is in the $2000 - $2500 range)
- notify your tenant that he needs to move out because you plan on moving into the basement suit, but offer him a rental contract for the main floor at $2500 or $2500+

The assumption here is, with such a huge increase in rent, he would not be interested in renting, and would therefore move out. By offering to rent him the main floor, he cannot say that you never offered him the alternative rental suite and use that as an allegation against you should he ever protest to the RTB.

At the same time, the risk involved is, the tenant takes you up on the offer, and then you'd be fxxked.

[Mikoyan]

And, in order to do so, the tenant will have to sign a rental agreement and agree to new clauses, like no smoking on the property, limits to his use of the property, separate utilities etc.

Judging by what the OP has said about the guy's wanting no paper trails, it seems unlikely he'd agree.

[Traum]

^^ I agree. With all the added conditions, it seems quite unlikely that the tenant will agree to move into the main floor.

[Lomac]

Here's all you need to know if you want to start charging more money:

Additional Rent Increase under the Residential Tenancy Act
The Residential Tenancy Act allows a landlord to apply to an arbitrator for approval of a rent increase in an amount that is greater than the basic Annual Rent Increase. The policy intent is to allow the landlord to apply for dispute resolution only in “extraordinary” situations. The Residential Tenancy Regulation4 sets out the limited grounds for such an application. A landlord may apply for an additional rent increase if one or more of the following apply:
(a) after the allowable Annual Rent Increase, the rent for the rental unit is significantly lower than the rent payable for other rental units that are similar to, and in the same geographic area as, the rental unit;

Here's the fine print regarding that:

The landlord has the burden and is responsible for proving that the rent for the rental unit is significantly lower than the current rent payable for similar units in the same geographic area. An additional rent increase under this provision can apply to a single unit, or many units in a building. If a landlord wishes to compare all the units in a building to rental units in other buildings in the geographic area, he or she will need to provide evidence not only of rents in the other buildings, but also evidence showing that the state of the rental units and amenities provided for in the tenancy agreements are comparable.
The rent for the rental unit may be considered “significantly lower” when (i) the rent for the rental unit is considerably below the current rent payable for similar units in the same geographic area, or (ii) the difference between the rent for the rental unit and the current rent payable for similar units in the same geographic area is large when compared to the rent for the rental unit. In the former, $50 may not be considered a significantly lower rent for a unit renting at $600 and a comparative unit renting at $650. In the latter, $50 may be considered a significantly lower rent for a unit renting at $200 and a comparative unit renting at $250.
“Similar units” means rental units of comparable size, age (of unit and building), construction, interior and exterior ambiance (including view), and sense of community.
The “same geographic area” means the area located within a reasonable kilometer radius of the subject rental unit with similar physical and intrinsic characteristics. The radius size and extent in any direction will be dependant on particular attributes of the subject unit, such as proximity to a prominent landscape feature (e.g., park, shopping mall, water body) or other representative point within an area.
Additional rent increases under this section will be granted only in exceptional circumstances. It is not sufficient for a landlord to claim a rental unit(s) has a significantly lower rent that results from the landlord’s recent success at renting out similar units in the residential property at a higher rate. However, if a landlord has kept the rent low in an individual one-bedroom apartment for a long term renter (i.e., over several years), an Additional Rent Increase could be used to bring the rent into line with other, similar one-bedroom apartments in the building. To determine whether the circumstances are exceptional, the arbitrator will consider relevant circumstances of the tenancy, including the duration of the tenancy, the frequency and amount of rent increases given during the tenancy, and the length of time over which the significantly lower rent or rents was paid.
The landlord must clearly set out all the sources from which the rent information was gathered. In comparing rents, the landlord must include the Allowable Rent Increase and any additional separate charges for services or facilities (e.g.: parking, laundry) that are included in the rent of the comparable rental units in other properties. In attempting to prove that the rent for the rental unit is significantly lower than that for similar units in the same geographical area, it is not sufficient for the landlord to solely or primarily reference Canada Mortgage and Housing Corporation (CMHC) statistics on rents. Specific and detailed information, such as rents for all the comparable units in the residential property and similar residential properties in the immediate geographical area with similar amenities, should be part of the evidence provided by the landlord.
The amount of a rent increase that may be requested under this provision is that which would bring it into line with comparable units, but not necessarily with the highest rent charged for such a unit. Where there are a number of comparable units with a range of rents, an arbitrator can approve an additional rent increase that brings the subject unit(s) into that range. For example, an arbitrator may approve an additional rent increase that is an average of the applicable rental units considered. An application must be based on the projected rent after the allowable rent increase is added. Such an application can be made at any time before the earliest Notice of Rent Increase to which it will apply is issued.

I know it's a giant wall of text to read, but it's all laid out there if you wanted to try and up your rent above the standard rate.

[6793026]

It's Two Month Notice to End Tenancy. (+ Compensation etc, there's a long 3 paragraph on how it's done)

Why can't you just move in and then kick tenant out? Yes, technically you can.
It's called Landlord’s Use of Property.

1) A landlord can serve a tenant with a Two Month Notice to End Tenancy (PDF, 2.2MB) when the: Landlord plans, in good faith, to use the property

Landlord’s use of property applies when the landlord:
1) Moves in or has a close family member live in the rental unit
2) Sells the property and the new owner, or a close family member of the new owner, plans to live in the rental unit.

*they are VERY specific on what "close" is. Mom, dad and child of landlord or spouse's children. it's very black and white, brother and sister don't count. (more details on their website.)

We had a client who though they would outsmart the tenant.

The tenant did NOT move out after the notice. Owners were pissed. What they didn't know was the tenant kept all screen shots of the exact same posting of the unit on CL. They filed for dispute resolution and requested compensation.

a) When it comes to question, burden is on the landlord to establish intension.
b) Owners have to prove purpose that negates the honesty of intent or demonstrate they do not have an ulterior motive for ending the tenancy. (Try explaining to the officer your ad on CL).

[6793026]

Originally Posted by Lomac

Here's all you need to know if you want to start charging more money:



Here's the fine print regarding that:



I know it's a giant wall of text to read, but it's all laid out there if you wanted to try and up your rent above the standard rate.

It doesn't work as easy as you think.

The moment you try to increase rent, the tenant quickly files for dispute. 1) You will then have to wait for the hearing which is 2 months queue and wait.
2) Then it's your turn to find ways to justify and you have to show the officer why. (it's super painful)

*Cheap* is subject so you have to make sure you have a huge list of examples.

9/10 times, owners lose. (based on the cases I've dealt with).

[Great68]

Originally Posted by 6793026

*they are VERY specific on what "close" is. Mom, dad and child of landlord or spouse's children. it's very black and white, brother and sister don't count. (more details on their website.)

I could never understand how brother and sister don't coun't as "close". Like fuck, blood relative sharing DNA is not considered close enough?

Makes me think the person who wrote that definition was an only child.

[Lomac]

Originally Posted by 6793026

It doesn't work as easy as you think.

The moment you try to increase rent, the tenant quickly files for dispute. 1) You will then have to wait for the hearing which is 2 months queue and wait.
2) Then it's your turn to find ways to justify and you have to show the officer why. (it's super painful)

*Cheap* is subject so you have to make sure you have a huge list of examples.

9/10 times, owners lose. (based on the cases I've dealt with).

Oh, I know it's not easy as I just finished helping a family member go through this exact process. However, it's just an alternative solution I'm offering for the OP. Better a two or three month delay with a potential positive outcome than try to illegally kick the tenant out and deal with the aftermath.

[Selanne_200]

While I'm no expert on this, but the landlord moving into the basement and rents out the top level instead may be an option. Even to an arbitrator, it is perfectly reasonable to explain that your family has run into financial difficulties, and therefore needs a larger income per month thus your family needs to move downstairs and therefore require the basement suite. However, the rights of first refusal I'm not so sure about, whether or not your existing tenant gets first dibs.

[FrodoBaggins]

For the love of christ, this is some of the worst information and advice I have read in a long-ass time.

Just pick up the fucking phone and call the RTB...you can leave your number for a call back.

Also, wtf is a 3-month notice?!