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Old 05-09-2019, 11:43 AM   #14240
Traum
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HappySlip,

I'm not calling you a liar at all, but everything you said below doesn't make sense.

A term lease is a term lease. It is a legally binding contract. Now, there are rules that governs how the contract is to be executed. Namely, if the landlord does not want to renewl the lease after the signed lease term expires, he has to follow the rules -- advanced notice, potential compensation for the tenant, etc. But as long as those rules have all been followed, he should be able to evict the tenant. Things change and become really stupid if the landlord allows the lease to turn into a month-to-month thing. But as long as it remains a term lease, the landlord should be able to enforce the eviction.

For your friend's situation, I wonder if there is something missing from the story. ie. Are they trying to kick the tenant out before the term lease expires? Have they allowed the termed lease to turn into month-to-month? Stuff like that. Again, I'm not calling you a liar, but to me, something doesn't add up.

To me at least, the moral of the story for a landlord is to never allow the rental to become month-to-month. Once you let that slip, the RTA clauses are so heavily tilted in favour of the tenants that you are basically fxxked and completely at the tenant's mercy. The only thing you can do at that point is sell.

Quote:
Originally Posted by Mr.HappySilp View Post
Term leases are useless now. After the term is over you still can't kick your tenant out. So if they don't want to move they can live there as long as they want. Which is dumb what's the point of a term lease or contract then?

Happen to a friend of mine she rented her apartment back in 2016 now she wants the unit back to move in with her husband and her 2 dogs. Give the tenant 4 months notice and following all the rules. The tenant complain to the tenancy board and won at the hearing. He claims that because he won't be able to find a suitable place with the amount of rent he is paying. Also he question the fact is only a one bedroom apartment and having 2 person and 2 dogs is impossible to live in it. So basically even if it is her unit and she wants it back so she can move it she can't. All she can do is increase the rent that's "SET" by the gov and hopefully force him out with the rent increase. But the increase is so low I doubt it will do anything.

So you tell me how are landlords suppose to get their units back even if it going to be for personal use. Who wants to be a landlord if you can't even evict tenants out even if they aren't paying their rent.
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