Thanks for the tip, did not know about the month to month part. I'll definitely let my mother know. I guess she/we got lucky when she had to evict a tenant for me to move back in temporarily to save up for mortgage.
She's also been lucky with her tenants who tend to stay a few years, and never really had to evict anyone.
Quote:
Originally Posted by Traum
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.
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