Quote:
Originally Posted by Great68
Essentially what they're saying is that term vacate clauses aren't to be used as a tool for eviction of bad tenants. There are other mechanisms for that, whether they're easy or not is a separate issue.
|
Solutions and tools have to be effective and reasonable for people to use them. Otherwise, they will just look for alternatives to achieve the goals that they are trying to achieve. That is exactly how the end of a term lease has turned into a tool for landlords to evict tenants -- it's because all the other rules have gotten too stupid and blindly and unreasonably too much in favour of tenants.
Of course the government can enact rules (and laws) to do a lot of unreasonable things. But in this case, the consequences will be no private small time landlords would want to become landlords, and then the residential rental supply goes down. And then you just have to ask -- are the tenants really benefiting from this?
Quote:
Originally Posted by hud 91gt
Bit of a random question, but what if no paperwork was ever filed with a tenant?
My in-laws rent their basement suite. They have for many many years and never had the tenants sign any paperwork of any kind. The rent is cheap, and it’s a beautiful neighbourhood and clean property.
My father in laws health has quickly gone downhill over the last year. It is on the mend now, but I foresee my wife and I moving back to the area, or possibly in with them.
Does anyone have any idea how much of an issue it is going to be, to get the suite back?
|
Even if there is no paperwork being signed, the RTB would still consider a rental to be a legally binding rental contract since verbal contracts are still legally binding. The parties involved would just have to establish the fact that it is effectively a rental agreement. In your case, since the rental has been happening for many years, that would be extremely easy to establish.
In your case, I think the RTB is going to consider your arrangement to be a month-to-month thing, and the rental will be subjected to the same rules that any month-to-month rental is treated. That is to say, if your tenant doesn't want to leave, you're gonna have a heck of a difficult time trying to evict him, and much of it will become a matter of he-says-she-says, with the RTB almost always siding with the tenant.
Since your renter has been renting with you for an extended period of time, I suspect you guys would at least have a decent relationship, and that he would act at least somewhat reasonably. I'd talk to him and verbally prepare him for a move, encouraing him to look for a new place without specifying a hard deadline, and throw in some freebies as incentive for him to leave. If you agree on something -- like a rental termaination date or the number of rent-free months, get those down on paper and have both of your sign.
It's a bad time to be a landlord right now, and I wish you good luck in your dealings.