My experience with a domestic violence certificate

therenoguy

Inspired Forum Member
Registered
Nov 30, 2012
44
8
8
#1
Hi All,

I manage 150 units. One of my tenants hit me with a domestic violence certificate. She is using her deposit for last month's rent.

Like all my owners, this couple has a mortgage, and are far from millionaires. Now they are being saddled with the costs of utilities(she stopped paying them), as well as any damages from the tenancy. As I understand it there is nothing the owners can do to recoup any costs the tenant may incur before she leaves.

This is horrendously bad legislation. We're all for programs that prevent or mitigate domestic violence, but usually programs are funded by the government. This one is entirely being funded by landlords, most of whom can't afford it.

This is intensely frustrating, even for me, and I'm not the one who has to pay the bill.

I feel like sending a bill to gov.ab.ca for these costs so they can fund their own program.

Keith
 

Martin1968

Frequent Forum Member
Registered
Jan 22, 2017
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#2
I take it that the abused tenant is the one who has the lease in her name and paid the security deposit? I would make sure she or he has. Then, as a landlord you have the right to evict the other tenant, let’s call this person the abuser, as well. Or enter into a new agreement with this tenant.

In order for anyone to claim the domestic violence and have the certificate signed by a professional they have to go through a few hoops. You would think there will likely be truth to their statement but as always rulings like this are open to abuse from anyone.

However if the tenant thinks she is not responsible for rent, utilities and possible damages, they are wrong.
The ruling states the following;

“The tenant is still required to pay rent during the notice period (at least 28 days).
If requested by the tenant, a landlord must apply the security deposit as rent payment for the notice period. This doesn’t prevent a landlord from seeking reimbursement for previous rent or utility arrears, or costs for damage to premises.”

So, in order to be reimbursed for any cost your client; the landlord, would have to seek reimbursement through the normal channels that likely many of us do from time to time. It’s a pain I admit.
Or you just chalk up the loss.
 

therenoguy

Inspired Forum Member
Registered
Nov 30, 2012
44
8
8
#3
The lease was in her name. He is Long gone -apparently came back one day to perpetrate an “incident.” I maybe could have figured out a way to evict, but we would have gained little, and it would have just put more stress on her., so what’s the point?

She left the place immaculate, other than not steam cleaning the carpets, so in the end my owner is out about $500, in rent and they have to clean the carpets.

I have no ill will against her, and wish her the best. Interestingly she said that though she understands it sucks for the owner, that it was an absolute godsend for her.

However, as I said, it’s hideously unfair for a government to force a homeowner with a mortgage to fund THEIR program. Brilliant, but ridiculous.
 

Tina Myrvang

Client Care Lead
Staff member
REIN Member
Nov 15, 2010
1,212
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#4
Be happy they are both gone, in the long run your landlords and you will be better off with these people gone.