Evicting Tenants

Nika

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Registered
Oct 2, 2007
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Calgary
#1
Hello all:

I`m looking for information to deal with the following situation:

This month I had to issue an eviction notice to one of my tenants in Red Deer. Since this is the first time I`ve had to evict someone, I am not clear on the next steps I need to take.

Action taken so far:

  • Eviction notice was served on October 3[sup]rd with tenancy terminating on October 19th[/sup].
  • So far, the tenant has not been in touch with me. My questions are:
  • What is the usual course of action if the tenant does not pay rent nor move out on the day the tenancy terminates?What course of action should I take if the money owned is more than the security deposit?Has this topic been covered in detail during any of the REIN meetings in the past year? Or, is there a resource base of info I can access as part of my REIN membership?
Thank you in advance for your time and feedback,

Nika
nika@cleverseed.com
 

RebeccaBryan

Inspired Forum Member
Registered
Sep 17, 2007
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Edmonton, Alberta
#2
Nika,

You might want to post this same question in the "Ask an Expert" section. I have some information for the City of Edmonton and the greater Edmonton Area.

In Edmonton we have the Residential Tenancy Dispute Resolution Service. Their number is 780-644-3000. The website is: Hello all:

I`m looking for information to deal with the following situation:

This month I had to issue an eviction notice to one of my tenants in Red Deer. Since this is the first time I`ve had to evict someone, I am not clear on the next steps I need to take.

Action taken so far:
  • Eviction notice was served on October 3[sup]rd with tenancy terminating on October 19th[/sup].
  • So far, the tenant has not been in touch with me.My questions are:
  • What is the usual course of action if the tenant does not pay rent nor move out on the day the tenancy terminates?What course of action should I take if the money owned is more than the security deposit?Has this topic been covered in detail during any of the REIN meetings in the past year? Or, is there a resource base of info I can access as part of my REIN membership?
Thank you in advance for your time and feedback,

Nika
nika@cleverseed.com
 

FayWong

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Aug 30, 2007
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Calgary
#3
QUOTE (Nika @ Oct 10 2007, 11:08 AM) Hello all:

I`m looking for information to deal with the following situation:

This month I had to issue an eviction notice to one of my tenants in Red Deer. Since this is the first time I`ve had to evict someone, I am not clear on the next steps I need to take.

Action taken so far:

  • Eviction notice was served on October 3[sup]rd with tenancy terminating on October 19th[/sup].
  • So far, the tenant has not been in touch with me. My questions are:
  • What is the usual course of action if the tenant does not pay rent nor move out on the day the tenancy terminates?What course of action should I take if the money owned is more than the security deposit?Has this topic been covered in detail during any of the REIN meetings in the past year? Or, is there a resource base of info I can access as part of my REIN membership?
Thank you in advance for your time and feedback,

Nika
nika@cleverseed.comIf you have already given you 14 day notice this will not help, you have to play it out. But for future consideration, if the tenants have anything of value, Tv, Stereo, car then contact a baliff and use Landlord distress procedure. This is not part of the Residential Tenancies Act, but the Civil Enforcement Act. Basically you (through a baliff) seize their goods. The first time I tried this the baliff asked if I wanted the goods removed (it would be for an extra storage fee) or if they could just give the tenants notice that the listed goods were no longer theirs until the rent and baliffs fees were paid. I said leave the goods in her pocession. The next week she had a break in and guess what was stolen? But the second time, I just had to tell the tenant I was making the call (and explained what landlord distress seizure was too) and she was on the phone to Mom, Uncle, cousins the rent was paid and she has been there over a year since then and not even a day late. If the tenant overstays a baliff can remove them, but you need to go to court. If the tenant is late with the rent, and has nothing to seize I agree with the other response DO NOT issue a 14 day notice. The Residential Tenancies Act says you "may" serve the tenant with a 14 day notice but it also says you `may` apply to a court to terminat the tenancy. I would go directly to court and skip the 14 day notice. You will definatly get them out sooner (at least 14 days sooner). Do not wait for them to contact you. Professional tenants cant be bothered and good people who are facing personal problems are too embarassed. As the previous responder said, get all your paperwork in order and file just as soon as you can. If they owe more than the deposit again you can go to court but even if you win there is not much hope of ever collecting. One thing to consider, are they good people facing temporary financial problems or are they professional tenants? Professional tenants sometimes do a lot of damage when they leave. Get them out as soon as you can, but consider offering some of the security deposit back if the suite is returned to you clean and in one piece. It will probably be cheaper than repairing a lot of holes kicked into the drywall.
 

Ryan

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Oct 21, 2007
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Edmonton Alberta
Visit site
#4
Sorry to side track abit.. I was reading this over (trying to learn from others experiences) and I found that rentcheck.ca and other variations of that domain are parked and not actually an operational website.

Does anyone know of an alternative that we can use to help screen tenants?
 

FayWong

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Aug 30, 2007
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Calgary
#5
QUOTE (Ryan @ Oct 26 2007, 02:54 PM) Sorry to side track abit.. I was reading this over (trying to learn from others experiences) and I found that rentcheck.ca and other variations of that domain are parked and not actually an operational website.

Does anyone know of an alternative that we can use to help screen tenants?
http://www.rentcheckcorp.com/
 

ThomasBeyer

Senior Forum Member
REIN Member
#7
Hire a professional ! Don`t do evictions yourself as the legal process should be understood and followed .. plus it is a DRAINING and time consuming process .. focus your time and energy on acquiring properties or better team members: lawyers, realtors, money partners, property managers!

Once you own a property, have someone else manage it for you ..


You get wealthy by buying more properties .. NOT by evicting more tenants !!

Thomas Beyer, Platinum REIN member, TEL: 403-678-3330 tbeyer@prestprop.com or www.prestprop.com
 

Nika

New Forum Member
Registered
Oct 2, 2007
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Calgary
#8
Thomas, on that note, can you please recommend a professional who deals specifically with evictions?

Evictions for sure are very draining, but it is also a valuable learning process.

I am just really starting out (Bronze REIN member) and as such I’m still in the process of developing my ‘team’.

Regarding management companies:
  • Based on experience, would anyone have a recommendation as to when it makes sense to hire a management company?Would you hire a management company if the monthly management fee put your property into negative cash flow?
Thank you,
Nika


QUOTE (thomasbeyer2000 @ Oct 28 2007, 08:04 PM) Hire a professional ! Don`t do evictions yourself as the legal process should be understood and followed .. plus it is a DRAINING and time consuming process .. focus your time and energy on acquiring properties or better team members: lawyers, realtors, money partners, property managers!

Once you own a property, have someone else manage it for you ..


You get wealthy by buying more properties .. NOT by evicting more tenants !!

Thomas Beyer, Platinum REIN member, TEL: 403-678-3330 tbeyer@prestprop.com or www.prestprop.com
 

KenReynolds

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Sep 3, 2007
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Calgary
#9
In answer to the question about a professional to evict tenants, I`ve used Shawn Shewchuk (he`s listed in the resource section of this website) on the few occasions that I`ve had the tenant from hell.

He got the job done and saved me a lot of aggravation.

Good Luck!
 

cbrob

New Forum Member
REIN Member
Oct 31, 2007
10
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3
#10
We just recently went through the process our 1st time, though we own 5 properties.
I would highly recommend some professional advice to help you through it. We used landlord911 in Calgary, they were very helpfull.
We also learnt that tenants have alot more rights than landlords, and many of them know how to manipulate them.

As a result of this experience, I have become a very good student of the residential tenancy act. The info is readily available at: http://landlord.landlordandtenant.org/lldi...nantbreach.aspx
and
http://landlord.landlordandtenant.org/llhome/default.aspx

My focus from now on is to learn as much as I can about better screening techniques.
Good luck
 

Bill

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Registered
Aug 30, 2007
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Calgary, AB
#11
QUOTE (KenReynolds @ Oct 31 2007, 10:37 AM) In answer to the question about a professional to evict tenants, I`ve used Shawn Shewchuk (he`s listed in the resource section of this website) on the few occasions that I`ve had the tenant from hell.

He got the job done and saved me a lot of aggravation.

Good Luck!

Shawn has actually moved out to BC and doesn`t do evictions in Alberta anymore. He referred us to Landlord 911 as well (also known as Foster and Company). Their number is 403-259-0029, I know they take care of the process in Calgary, but I am unsure if they do other areas of Alberta.

Regards,
 

Nika

New Forum Member
Registered
Oct 2, 2007
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Calgary
#12
Thank you very much for the feedback and support.

I have just been informed by the Landlond/Tenant Advisory Board in Red Deer of the following way to get rid of a tenant for non-payment of rent:
If the tenant is late with rent for 3 consecutive months and 3 eviction notices have been served for non-payment of rent, on the 4th consecutive month when the rent is late an eviction notice can be served on the basis of CONSECUTIVE late rent payment. This 4th eviction notice must stipulate that even if the rent is paid on or before the tenancy termination date, the tenancy will still be terminated. My understanding is that if the tenancy is terminated for consecutive late rent payment, this has a much better chance of going though the court in the landlord`s favour.

Am I understanding the above correctly?
Has anyone had any success/experience with this approach?

Thank you again in advance,
Nika

QUOTE (cbrob @ Oct 31 2007, 09:18 PM) We just recently went through the process our 1st time, though we own 5 properties.
I would highly recommend some professional advice to help you through it. We used landlord911 in Calgary, they were very helpfull.
We also learnt that tenants have alot more rights than landlords, and many of them know how to manipulate them.

As a result of this experience, I have become a very good student of the residential tenancy act. The info is readily available at: http://landlord.landlordandtenant.org/lldi...nantbreach.aspx
and
http://landlord.landlordandtenant.org/llhome/default.aspx

My focus from now on is to learn as much as I can about better screening techniques.
Good luck
 

Shamon

New Forum Member
Registered
Feb 3, 2008
10
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0
40
Calgary
#13
Hi,

I run an eviction business in Calgary called Kureshi and Company out of our property management office.

Usefull advice, info, and forms are available at

Hello all:

I`m looking for information to deal with the following situation:

This month I had to issue an eviction notice to one of my tenants in Red Deer. Since this is the first time I`ve had to evict someone, I am not clear on the next steps I need to take.

Action taken so far:

  • Eviction notice was served on October 3[sup]rd with tenancy terminating on October 19th[/sup].
  • So far, the tenant has not been in touch with me.My questions are:
  • What is the usual course of action if the tenant does not pay rent nor move out on the day the tenancy terminates?What course of action should I take if the money owned is more than the security deposit?Has this topic been covered in detail during any of the REIN meetings in the past year? Or, is there a resource base of info I can access as part of my REIN membership?
Thank you in advance for your time and feedback,

Nika
nika@cleverseed.com
 

saleena

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Registered
Feb 5, 2010
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0
#14
Hi, I see there are alot of property owners here, I have one question,

I am a tenant and in my written tenacy order the landlord had made altercations stating that we were allowed one month behind to pay rent as we are just starting up again on our feet. He also said that he would pay for the work we had to do on the property, also stated in the agreement, on the agreement it also states that he is to provide recipts which he has not been doing, Now because of this he thinks that we owe more than we do, He has even picked the rent up way before it was due and still says that we owe. Now he has a property manager looking after our place and has not told her everything, I understand that most landlords get ripped off and know where to go, But what about good tenants that have done everything they are supposed to do and are getting ripped off, Where do we go???

The landlord has never given notice before showing up, he has never done any repairs until I had to call the health bord because he decided he would not take the rent off that was agreed, He had a repair guy come in that cut through our phone line and now we have to pay that because he thinks that it is not his responsability, He had his repair guy fix our washroom floor the guy took the toliet out and did not replace the seal so now we have a leak. Where do we go??? He is now giving us an eviction notice on saturday and rent is not due until monday. Where do we go??

As you can see I am frusterated. I have been a good tenant this whole time and he is the one going back on the agreement. Where do we go???
 

ThomasBeyer

Senior Forum Member
REIN Member
#15
QUOTE (saleena @ Feb 5 2010, 05:54 PM) .. Where do we go???
Al provinces have a landlord-tenant dispute board (or rentalsman office as it is called in BC.) for specifically those cases. Tenants can present his view .. and landlord his, too. Then they rule based on the facts presented.

As a rule of thumb, if you pay rent on time, or have paid for many months or years, and make an effort to pay back rent that may be owing for a month or 2, you will be given extensions to catch up on rents.

Another rule is that the tenant is responsible for damages incurred by him.

Landlord also has to fix issues as they relate to heating, plumbing or safety. A ripped carpet or hole in the drywall would not fit that bill, and as such you, as a tenant, usually do not have recourse for minor (yet aggrevating) issues. You can move out, of course, but you cannot withhold rent because you think that the landlord has to fix the carpet or paint the wall .. even if he told you so.

Most landlords have an interest to work with paying and civil tenants and give them leeway. Most markets have ample of vacant units so the tenant has the option to leave as well and chose to live elsewhere, and luxury many landlords do not have because once you`re in and pay it is hard to get rid of an undesirable tenant.

Again, most (but not all) landlords have an interest to work with paying and civil tenants and give them leeway.
 

saleena

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Registered
Feb 5, 2010
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#17
QUOTE (ThomasBeyer @ Feb 5 2010, 06:45 PM) Al provinces have a landlord-tenant dispute board (or rentalsman office as it is called in BC.) for specifically those cases. Tenants can present his view .. and landlord his, too. Then they rule based on the facts presented.

As a rule of thumb, if you pay rent on time, or have paid for many months or years, and make an effort to pay back rent that may be owing for a month or 2, you will be given extensions to catch up on rents.

Another rule is that the tenant is responsible for damages incurred by him.

Landlord also has to fix issues as they relate to heating, plumbing or safety. A ripped carpet or hole in the drywall would not fit that bill, and as such you, as a tenant, usually do not have recourse for minor (yet aggrevating) issues. You can move out, of course, but you cannot withhold rent because you think that the landlord has to fix the carpet or paint the wall .. even if he told you so.

Most landlords have an interest to work with paying and civil tenants and give them leeway. Most markets have ample of vacant units so the tenant has the option to leave as well and chose to live elsewhere, and luxury many landlords do not have because once you`re in and pay it is hard to get rid of an undesirable tenant.

Again, most (but not all) landlords have an interest to work with paying and civil tenants and give them leeway.

I had to call my landlord today, The property manager that he hired showed up with an eviction notice that stated we owed for feb, We just paid of jan, Feb dose not start until monday, We have the money on monday can they do this if it is not due yet?? I feel as though they are not being fair with this. I have just over half of feb money on money and the rest in the middle of the month. Our rent is due on the 7th of every month but yet they keep showing up before it is due, I under stand when we fall behind sometimes but this is not often. How dose this work?
 

invst4profit

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Aug 29, 2007
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Kingston Ontario
#18
If you called your LL what did he say about the eviction notice. Doubtful your rent is due on the 7th, you are most likely late now.
If it is due on the 7th all of it is due not half.

What do you mean when you say you just paid for January, Was your January rent late as well?
Read the eviction notice it will set out why you are being evicted.
 

saleena

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Feb 5, 2010
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#19
QUOTE (invst4profit @ Feb 6 2010, 11:36 PM) If you called your LL what did he say about the eviction notice. Doubtful your rent is due on the 7th, you are most likely late now.
If it is due on the 7th all of it is due not half.

What do you mean when you say you just paid for January, Was your January rent late as well?
Read the eviction notice it will set out why you are being evicted.


We have a signed lease agreement that says our mont starts from the 7th of every month as that is when we mobed in was on the 7th, also on the agreement it says we have a alotted time of one month behind due to one of us losing our job, I just got another job and jan was paid off, my land lord said we had till the end of march 2010 to pay feb and march. This was in place before the property manager was assigned. I don`t know the situation if he gave her a copy of our agreement or not but she gave us an eviction notice, My landlord said that we should not have gotten one, that our rent is not due yet acording to the agreement. We have time to catch up. The situation here is miscommunication, even though we had shown the property manager the agreement she said that it did not matter.
 

invst4profit

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#20
Based on what your LL has said the problem should be solved. Your LL will straighten the property manager.

Make sure you follow up with your LL in a couple of days to confirm it has been resolved.