One tenant wants to move out, the other refuse to move

[cindyding]

I have a two bedroom apartment, which was rented to two fellows 18 months ago. They signed one year lease, and after one year, we went month-by-month.



Early September, one of the guys texted me that he would move out by the end of October. We finally contacted the second guy in mid-September, and he said he would like to stay and would look for a new roommate.



Until last week, we still haven't heard from him and tried numerous times to call him, yet no answer. He also works at night shift sometimes, so it's hard for us to find him in the apartment.



We finally delivered a letter last Friday, and which stated that the original rental agreement is void now, that one of them is moving out. The other one is required to move out as well. However, we still can't contact him, while the first guy still told us that the second guy plans to stay. We know very well that the second guy can't afford the full payment for the apartment by himself.



There are still two weeks left in the months, but he is avoiding us. What can we do to get him out of there? Thanks a lot for any suggestions.

 

[GaryMcGowan]

Hi Cindy, what province is the property located in?

 

[cindyding]

This property is in Alberta. Thanks,

 

[kfort]

Does he have a history of paying late or being a negative tenant? If not, why are you stressing? Why kick a good tenant out, he said he would find someone, let him know that you'll need to performm the same screening on this person he finds as you performed prior to his move in. If he pays late, punt him. If he pays on time, you've got no problems.

 

[invst4profit]

Kris is right. It is not your immediate problem whether the individual can pay or not, that is his problem. Your main concern is screening the new applicant he wishes to bring in.

If in fact he can not afford to stay and you are concerned simply be very strict with your screening process. This may force him to leave if he can not find a suitable replacement roommate. Time is ticking by but he is still responsible for the rent.



You are operating a business and need to know the regulations. As a landlord you are responsible to know the Residential Tenancy laws of your provence. If you were up on the regulations you would know if you can force him to leave or not. Access the provincial regulations and study up on your business guidelines. In the future you will be prepared to professionally operate your business.

 

[cindyding]

This tenant has a history of late payment. Though he paid eventually, we had to chase him/them for payment most of the months. We are so tired of the cat and rat game, and tried to get rid of them several months ago, but the want-to-stay-guy said he has no other place to go, so things had been dragged...



Now that he is not bring in any new roommate for us to screen, and he is also avoiding us by phone, text, and it's difficult to find him in the apartment due to the night work he is doing.



We've left one letter in the mailbox already, and expecting both of them to move out at the same time, but the leaving-guy didn't see the letter, we suspect that the want-to-stay-guy just throwed the letter away. We can't evict him now, as they paid the October rent, but I'm very sure that he can't pay the November rent in full. Shall we just wait until Nov 1 to send the eviction letter? Is there anything else that we can do?



We are still trying to reach him, and thinking to send another letter... Thanks a lot, Cindy

 

[Thomas Beyer]

The lease is now void. Tell him to leave or sign a new lease.

 

[RedlineBrett]

If they are both on the lease then both are bound by it. If the lease has been breached (non payment) then I would move for eviction and get them both out ASAP. Get an RTDRS hearing date, post the notice on their door. Government issued paperwork stirs tenants to action.



If they have consistently paid late then that is also breach and the RTDRS will give you a hearing.



Keep the good one's contact info because if there are costs you can chase him for them and let him deal with the flake. You need to tell him that he will not be let out of the lease without the other moving out, and if there are issues you will hold him accountable and chase him down. Leverage the good tenant to help get you what you want with the bad one.

 

[invst4profit]

You are bound till November 1, if they are paid unless you wish to proceed with eviction now for past late payments. Probably better to wait until he misses his November rent but unfortunately you will be placed under financial stress due to the time it takes to actually evict. I do agree it is time to get rid of this tenant if he has a history of late payments. Late payments should never be tolerated and tenants need to be informed of this up front. I tell my late paying tenants that a few days without food or medicine is better than having to live in the street.



You will need to reach the good tenant in person and inform him of the situation and of his financial obligations.

 

[kfort]

Whether you punt him now or later, you're punting him. Start evaluating your system of filling vacancies. If it were me, I would begin with the screening you do. You'll never avoid 100% of the hassles but at the same time even the best system can be improved. Plus, what you learn from this can be applied over and over. That's valuable.

 

[cindyding]

Thank you very much for all the replies. It seems the best choice now would go for a RTDRS hearing to get him out. Thanks a lot,