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Lease does not matter any more with the RTDRS

Millions

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Joined
Oct 6, 2007
Messages
214
So I’m left in shock this week. A tenant I had that was on a year lease, moved out three months early. It took me teo months to find a new tenant.

I took them to “court” via RTDRS.

At our hearing, the tenants tell her that I said, despite having a year lease, that one month notice was okay. I said, then what would be the point of a lease.

In the end, judge ruled I just get one month paid by them and I eat the other one.

I mean, this is literallt against the law and a judge made the order.

So, it seems a lease doesn’t really mean much anymore. In addition, all the late rent fees as well as the re-rental fee that’s in the lease were kicked out as well.

So, just as a warning to anyone who ends up in this situation. A lease isn’t enough. You might want to create a seperate form where the tenants sign that they are responsible in full for such and such months and if they move out, they will still pay. At least then, they acknowledge it up front.

Also, take loads of photos at walk in and walk out. Our stove was filthy inside but even with photos, they were questioning if it was the same stove.

Its a greasy world out there.

Any database for low level scum tenants?
 

Bobby S

New Forum Member
Registered
Joined
Jun 27, 2018
Messages
1
So I’m left in shock this week. A tenant I had that was on a year lease, moved out three months early. It took me teo months to find a new tenant.

I took them to “court” via RTDRS.

At our hearing, the tenants tell her that I said, despite having a year lease, that one month notice was okay. I said, then what would be the point of a lease.

In the end, judge ruled I just get one month paid by them and I eat the other one.

I mean, this is literallt against the law and a judge made the order.

So, it seems a lease doesn’t really mean much anymore. In addition, all the late rent fees as well as the re-rental fee that’s in the lease were kicked out as well.

So, just as a warning to anyone who ends up in this situation. A lease isn’t enough. You might want to create a seperate form where the tenants sign that they are responsible in full for such and such months and if they move out, they will still pay. At least then, they acknowledge it up front.

Also, take loads of photos at walk in and walk out. Our stove was filthy inside but even with photos, they were questioning if it was the same stove.

Its a greasy world out there.

Any database for low level scum tenants?

That is not right !

At least you got them to court, could this go better if...

Thoughts on, or get a lawyers advice on amendment to lease that says 1 month notice, if 1 month notice not provided 3 month penalty plus legal fees...

something like that ?


Sent from my iPhone using myREINspace
 

Cory Sperle

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REIN Member
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Sep 1, 2010
Messages
826
Welcome to landlording. The lease only really protects the tenant from rent increases, something non existent in Alberta in the past 4 years. It is almost non enforceable if they break their lease and leave, and is not worth your time and effort. The RTDRS is also a complete joke set up for the sole benefit of the tenant. The key is to not get into a dispute in the first place. Sure you can have them sign any paper you wish, but your only protection is intense screening on who ever is renting your space.
 

Tina Myrvang

Client Care Lead
Staff member
REIN Member
Joined
Nov 15, 2010
Messages
1,502
Welcome to landlording. The lease only really protects the tenant from rent increases, something non existent in Alberta in the past 4 years. It is almost non enforceable if they break their lease and leave, and is not worth your time and effort. The RTDRS is also a complete joke set up for the sole benefit of the tenant. The key is to not get into a dispute in the first place. Sure you can have them sign any paper you wish, but your only protection is intense screening on who ever is renting your space.
Amen Cory!
 

alaas1977

Frequent Forum Member
Registered
Joined
Apr 24, 2011
Messages
312
I fully agree, I have found that the RTDRS is not following the Act, I had a tenant three times to the RTDRS for non payment of rent and they kept giving them court ordered payments to catch up. My stupidity is that I had them on a month to month as I had forgotten to do the new lease so I couldn't just not renew the lease. Then when they had missed the one court ordered payment which was due at 5pm that day, I filed the docs, hired the bailiff gave 48 hrs notice and then, wait for it, they got an emergency session at the RTDRS, claimed that their pay was late and the RTDRS adjudicator then rewrote the court order to give them another day, so in effect the original court order was a joke. I was stunned.

I'm happy to say that finally they are out.

Lisa
 
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