can I change locks in this case? please help

[billhong]

My tenants has never paid me rent, so we went to RTDRS, she was ordered to pay one month`s rent ($1300)before Dec 28, 2009, then she can stay until Jan 8 2010. if she fail to pay the money, she must move out before Dec 29,2009. So far, she only paid me $300. Yesterday I checked the rental house, all furntures were moved out, including bed and sofa... but her clothes and some kitchen tools were still left in the house. I called and sent her email yesterday, no response yet. in fact, as far as I know, she has not been living in the house for quite some time.
In this case, Can I say she has abandoned the house or has moved out? then I can change the lock by myself, without calling a bailiff. you know, to get a bailiff to make the possess is expensive. Thanks!

 

[Ready4Rent]

QUOTE (billhong @ Jan 1 2010, 03:55 PM) My tenants has never paid me rent, so we went to RTDRS, she was ordered to pay one month`s rent ($1300)before Dec 28, 2009, then she can stay until Jan 8 2010. if she fail to pay the money, she must move out before Dec 29,2009. So far, she only paid me $300. Yesterday I checked the rental house, all furntures were moved out, including bed and sofa... but her clothes and some kitchen tools were still left in the house. I called and sent her email yesterday, no response yet. in fact, as far as I know, she has not been living in the house for quite some time.
In this case, Can I say she has abandoned the house or has moved out? then I can change the lock by myself, without calling a bailiff. you know, to get a bailiff to make the possess is expensive. Thanks!


Where is this unit located?

 

[billhong]

QUOTE (Ready4Rent @ Jan 2 2010, 08:00 AM) Where is this unit located?
It is in Calgary

 

[NiagaraInvestor]

Not sure how things work in Alberta but here in Ontario you must file some paperwork confirming that the unit has been vacated thus nullifying the lease.   This is good news because you can also chase them in small claims court for damages.  It would be good if they could be served for this procedure.

I doubt it`s that different in Alberta.  I`d change the locks and store the stuff for a while.  Once squared away legally trash it. 

 

[NiagaraInvestor]

 

[ChrisDavies]

QUOTE (billhong @ Jan 1 2010, 01:55 PM) My tenants has never paid me rent, so we went to RTDRS, she was ordered to pay one month`s rent ($1300)before Dec 28, 2009, then she can stay until Jan 8 2010. if she fail to pay the money, she must move out before Dec 29,2009. So far, she only paid me $300. Yesterday I checked the rental house, all furntures were moved out, including bed and sofa... but her clothes and some kitchen tools were still left in the house. I called and sent her email yesterday, no response yet. in fact, as far as I know, she has not been living in the house for quite some time.
In this case, Can I say she has abandoned the house or has moved out? then I can change the lock by myself, without calling a bailiff. you know, to get a bailiff to make the possess is expensive. Thanks!

I`d leave it a couple days to make sure. You can start getting in to clean and get the suite rent-ready. Put her stuff in some garbage bags in the corner. As far as I`m concerned she`s given up possession. Call the RTDRS folks to double check.

 

[billhong]

Thank you Niagarainvestor and Chrisdavis. unfortunately now is holiday time, all offices are closed. I have to wait to next week if want to get a RTDRS` advice or a bailiff`s service. In Alberta, the landlord is allowed to dispose of the remaining goods by himself.