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Evicting Tenants

saleena

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QUOTE (invst4profit @ Feb 7 2010, 06:07 PM) 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.


thank you I will do that.
 

Thomas Beyer

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QUOTE (saleena @ Feb 6 2010, 08:01 PM) 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?
.. usually you pay on the 1st .. the full amount

But if your lease states, in writing, that 7th is OK IN FULL, then 7th in full is OK and what they do is not right.

However, if you are frequently late, or there are other issues (noise ? damage ?) then the landlord or his agent, the property manager, will use all means to have you evicted. Those interpretations of "discretion" or those applications of "frequently late" or "partially paid only" will differ by province.

Why is the landlord so anal despite your attempt to "pay up" ?
 

saleena

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QUOTE (ThomasBeyer @ Feb 7 2010, 08:59 PM) .. usually you pay on the 1st .. the full amount

But if your lease states, in writing, that 7th is OK IN FULL, then 7th in full is OK and what they do is not right.

However, if you are frequently late, or there are other issues (noise ? damage ?) then the landlord or his agent, the property manager, will use all means to have you evicted. Those interpretations of "discretion" or those applications of "frequently late" or "partially paid only" will differ by province.

Why is the landlord so anal despite your attempt to "pay up" ?

I am not sure I think he got mad at me when he showed up on the 28 th of Dec for rent when I qouted that rent for Jan was not due until the 7th and that I would not be paying until than. Today however he came by and stated to me that he was broke and that because of the repairs to our place he is behind on his payments. I explained to him that he needed to quit bothering us because we had an agreement in place and so far he has breached that agreement more than once. I also stated that he needed to contact his property manager and tell her that our agreement states the 7th of each month. Than he asked me about deb`s rent I told him that it would be paid on monday as sunday is not a pay day. Unfortanatly. He is very pushy with the fact that rent needs to be paid because he has had problems from previous tenants. I told him I understood this but with him showing up at 10pm at night it really disrupts our sleep and getting up on time to go to work. I do not know the whole reasons behind this but I have a feeling this is not the first time that he has breached a contract. I know that it can get really anoying when we get eviction notices before the rent is due. His property manager evicted us for febuary`s rent on the 5th our rent is not due till the 7th and the landlord knew we got paid on the 8th due to the weekend. He told us to disregard the eviction notice, I still feel as though we are getting ripped off. The eviction notice says we owe more than we did we paid jan rent and half of feb but they are trying to say that we owe the full feb rent, I even showed the property owner the recipts and she said that she did not give it to us and that the owner did not say we made the payment. I am so confused about how come they do not communicate. The reason he got paid the money was because her was here, But yethe has not communicated that to her. I have told him this. So do we pay another full months rent ontop of what we don`t owe???
sorry I have so many questions.

We have never really been late with rent just when the pay date falls after a weekend if it is due on a weekend.
 

invst4profit

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Pay only what you rightly owe when it is owed and stay in communication with your LL to insure he is aware of what is happening.

As far as when rent is due the only time it is not due by midnight on the 1st, or in your case the 7th, of the month is if that date is a statutory holiday. Otherwise the date on the check must be the 7th of the month or cash is due in full on the 7th.

When you get paid is irrelevant in regards to when your rent is owed. If you are paying on the 8th or not paying in full on the 7th your rent is late and you can be served with a eviction notice which allows you 14 days to pay in full.

Repeated lates are cause for eviction as well.
 

creditinfocanada

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All the advice given on this discussion topic seems to be fine but lets start with this, I would concur with anyone who stated that you should pay someone to do your credit screening for you, evictions, etc.
As stated, pay someone to do it for you, that does not mean rentcheck, tvs, rentcheckcorp, these are credit re-sellers, they are not there to help you in any way shape or form, they provide you with a credit file and thats that. There are very few companies out there that actually break down the bureaus for you, find loop holes that arent typically noticed and help you match a possible tenant to your property and are THERE FOR YOU TO ACTUALLY TALK TO
.

Now as per the evicitions, every eviction brings on different merit, whether it be a landlord distress, RTRDS, Provincial Court of Court of Queens Bench judgement. At the end of the day, do your evicition in the most cost efficient way possible. Now with that said make sure you have someone readily available that can enforcement judgments. (Bailiffs typically dont, lawyers costs are to much, collection agencies may help or may not).

Simply find someone who can encompass all of this.

Chris Bradnam
Managing Director
Credit Info Canada
Industry partner of REIN Canada
(780) 486-1183
 

housingrental

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The first half of Chris Bradnam post above is biased.
The services he listed are the best cost to service option available.
The additional services aren`t needed, most people are quite capable of reading it themselves.
 

creditinfocanada

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In reply to Mr. Hoffmans statement I provide these comments:

As per the message I stated being bias, I suggest this and for the members that use Credit Info Canada already they will understand that I am very straight forward in my opinion so please dont take this personally.

There are many that still do their own credit screening etc. (as suggested some are capable of breaking down items on their own) this I agree but I pose this question, the collection figures on rental accounts are staggering and they are growing in numbers each and everyday. How do I know this? Because my partner and I boast over 43 years in the collection fields as both reps and owners.

Secondly are offices are in Alberta and I speak in reference for collections in Alberta on this point to be made and state that because of the bombardment of the Provincial courts, we actually had to commence the Residential Tenancy Resolution Service to compensate the over-whelming amount of evictions, so my comments are not biased they are based on facts. I would suggest that in at least half these cases screening was done not by a third partie but by the actual owner. This would also apply to British Columbia in which also set up a tribunal to deal with the mass down there.

The fact is credit screening and the approach to it should not be taken lightly, to pay someone an extra $10.00 per applicant to break down their credit for you is a small price to pay is it not? The companies I listed are bureau re-sellers, they are not their to help you in any kind of path to guide you to make an informed decision about a tenant.

Right now the average file we deal with is $4,000 this being for Landlord vacates, damages, breach of leases etc. while that figure used to be alot lower. There are a wealth of chronic rentors, and for that matter chronic debtors out there that target people, my statement wasnt meant to be construed as bias or a selling tool, it was meant with the utmost honesty that we are dealing with assets and the underlining fact that a small investment never hurts to protect them even more.

Chris Bradnam
Managing Director
Credit Info Canada
(780) 486-1183
 

MonteDobson

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QUOTE (creditinfocanada @ Apr 23 2010, 12:45 PM) In reply to Mr. Hoffmans statement I provide these comments:

As per the message I stated being bias, I suggest this and for the members that use Credit Info Canada already they will understand that I am very straight forward in my opinion so please dont take this personally.

There are many that still do their own credit screening etc. (as suggested some are capable of breaking down items on their own) this I agree but I pose this question, the collection figures on rental accounts are staggering and they are growing in numbers each and everyday. How do I know this? Because my partner and I boast over 43 years in the collection fields as both reps and owners.

Secondly are offices are in Alberta and I speak in reference for collections in Alberta on this point to be made and state that because of the bombardment of the Provincial courts, we actually had to commence the Residential Tenancy Resolution Service to compensate the over-whelming amount of evictions, so my comments are not biased they are based on facts. I would suggest that in at least half these cases screening was done not by a third partie but by the actual owner. This would also apply to British Columbia in which also set up a tribunal to deal with the mass down there.

The fact is credit screening and the approach to it should not be taken lightly, to pay someone an extra $10.00 per applicant to break down their credit for you is a small price to pay is it not? The companies I listed are bureau re-sellers, they are not their to help you in any kind of path to guide you to make an informed decision about a tenant.

Right now the average file we deal with is $4,000 this being for Landlord vacates, damages, breach of leases etc. while that figure used to be alot lower. There are a wealth of chronic rentors, and for that matter chronic debtors out there that target people, my statement wasnt meant to be construed as bias or a selling tool, it was meant with the utmost honesty that we are dealing with assets and the underlining fact that a small investment never hurts to protect them even more.

Chris Bradnam
Managing Director
Credit Info Canada
(780) 486-1183
I`ll defend Chris on this one...let someone who specializes in these tasks, do the work for you and guide you thru the process. We recently had to enforce a collection for over $6000 on a deadbeat tenant, because I screwed up a number of steps along the way. This could have easily been avoided if I would have hired a professional such as CIC at the onset. Chris and his company got the ball rolling again and we are now full stream ahead on the collection stage. It is unlikely I`ll ever see another from this guy, but at least if he ever applies for credit again, he will not be able to borrow another dollar until he squares up with us first.
 

housingrental

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Hi Chris,

I`m not trying to comment on the desirability of your other your other services. I have no reason to doubt that you provide a value-add and do your job well.

I agree with you that screening shouldn`t be taken lightly. However most landlords are quite capable of doing this task properly without having to engage a service provider. It is disingenuous to frame a discussion differently. For ones that cannot your service might be valuable in that capacity.
 

invst4profit

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The reality in this business is that a detailed break down of credit reports is not necessary. We need the applicants credit score, where they have defaulted and where they stand on there credit limit. All very basic information and easily understood on any report I have ever pulled.
Details beyond that are irrelevant, or should be, to a LL.

In regards to your other services I can not comment as I have never had the need to engaged an outside party to manage any of my tenant issues.
 

creditinfocanada

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Well I thank Monte for the backing but I thought I would just add a few other thoughts on this issue so that we can put it to bed.

Rule of thumb:

Credit scores and ratings tell one story but they dont tell all of the story. As some L.L.`s dont know because maybe they have not been involved with the eviction or collection process is that the credit bureau only "houses" so much information. Now what does this mean? This means that Revenue Canada, Health Care, 98% of Maintenance Enforcement across Canada, Provincial and High Court Judgments "dont get listed".

What this means guys is this, you can approve anyone based on credit however its the credit that tells me where I might want to look if I have further questions. Remember if an eviction has to take place and you have to enforce, you play ball with other creditors, if the big boys are owed money you see nothing.

I will leave you with this, a non-REIN member listed a file with our offices. I was a judgment issued by the (R.T.R.D.S) board in Alberta (Landlord program) for just over $5,000.00. The tenant was from Ontario, she ran his credit through RentCheck, got the score, got the credit, though financially tight the credit was perfect so she granted tenancy.

After the time of evicition, I made a few calls, well my Ontario friend (due to a false reference provided) had been sued 5 different times, all in Ontario, all for non-payment of rent, in fact a collection agency had done some leg work but had lost the debtor.

Now what this means is this and I use this example as the Ontario eviction process, there are many people that are smart, that know the system and use it to their advanatge hence the ENTIRE screening process is a big deal. Small landlords cannot be members of the credit bureau and they become targets.

My advice once again is this, pay someone that knows the tricks to do your screening. All it takes is one person to slip through the cracks and you may lose thousands. Is their a guarantee, nope, but knowledge of the games is always good, if my car breaks down it goes to a mechanic, there is no other argument to me.

Just be careful out there ladies and gentleman, its getting worse, the debts are getting bigger and they are getting harder to enforce.

Protect Protect Protect
 

invst4profit

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So what do you charge to do a credit check the right way,the way you would recommend. I am not interested in having your company hunt down dead beat tenants for me at this time.
Don`t reply by saying the price depends on a number of scenarios saying you would have to look at the particulars of a specific request just give me a number.
If that is too complicated or simply not possible I will stay with my company at $14 per report and take my chances with my other background search methods.
 

creditinfocanada

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I wouldnt say either that I couldnt `nor` its dependant on other factors. REIN has worked out a deal with their members as we are an industry partner, our searches are $20.00.

However there is a big difference, we are not re-sellers by any means, we actually break down the bureaus to see if they conform to what you want and than help you guage your decision with the information. If you feel you have a grasp on it, great, our service is not for everyone. We do provide full screens for $60.00 which include the credit (if they pass) lien searches, and all the refernce checks.

I apologize to the website administrator if they feel this was a selling tool, I was just answering a querie.

Nonetheless good luck wheter we can be of assistance or not.
 

RebeccaBryan

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Thank you Chris Bradnam.

It was nice meeting you today. I hope I owe you more than one steak dinner!!! I took the innitiative to clear up some rental arrears owed to my Mom`s Company, Baker Ventures Inc. I took in several files to Credit Info Canada today and Chris gave me loads of information on how to tweek our Rental Application, (Information Collection). The information Chris gave me was extremely valuable. At the time of application we all think that the person we are renting to will never default, and most tenants don`t, but that extra step to make sure every piece of information possible is given to us is very important. Bank account numbers and drivers license numbers, (which I tend to skip), can help Chris immensely when he tries to track down you tenant so he can enforce rental arrears.

Anyway, you gave me a kick to make sure all the eyes are dotted and the tees are crossed!!
 

Michelle918

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Talk to Bill Biko (past REIN member) at
EducatedLandlord.ca

He also has another website exclusively for evictions and the AB process to get through it. He has a fee for the information but really worth it! Expecially if this is your first time.

He has rooming houses and has a trumendus experience in evictions in AB and the law. There is a fee for the information but really worth it! Check it out.

Know that You can do this and get through it. The first time is the hardest....so worth the learning. It make a huge difference after you get to the other side and stay the course.

Sent from my SM-N900W8 using myREINspace mobile app
 
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