Problem Tenant

[Frank]

Hello,

I have a problem tenant who`s one year fixed term lease expires at the end of the month. I have left him messages and written letters but have not received a response. My understanding is once the fixed term lease is complete he must vacate the property. In addition, with a fixed term lease no notice from the tenant or the landlord is required as the contract is complete.

If correct has anyone got advice on what my best options are on having him leave the property?

Thank you,
Frank

 

[mikecunning]

Hi Frank:

Each jurisdiction (ie. Alberta, BC, Ontario etc) has different tenancy rules so depending on where the property is located you will need to check with that province`s tenancy board. Irrespective of where the property is located, be sure to familiarise yourself with the processes involved; in BC, the tenancy board loves to throw out applications where proper process has not been followed, usually leaving the applicant confused and frustrated and starting over at sqaure one.

Unfortunately, if the tenant does not leave if usually involves a trip to the arbitrator (or court) to get a possession order. In BC, for example, such order of possession has to be filled in court and enforced by a bailiff. I have only done this once in 8 years and the cost was $3000 to be the guy out. Unless the tenant has assests that you can lien, you may want to consider the cost and time to enforce the order (ie. it could take 3 months, $3k and maybe you can buy him out for $500)

Good luck and feel free to send a note if you have any other questions.

Regards,

Mike

QUOTE (Frank @ Oct 25 2007, 06:43 AM) Hello,

I have a problem tenant who`s one year fixed term lease expires at the end of the month. I have left him messages and written letters but have not received a response. My understanding is once the fixed term lease is complete he must vacate the property. In addition, with a fixed term lease no notice from the tenant or the landlord is required as the contract is complete.

If correct has anyone got advice on what my best options are on having him leave the property?

Thank you,
Frank

 

[DonCampbell]

Hi Frank,

One other thing to consider... what does your lease state. Many are quite clear that the lease changes to a month-to-month lease upon expiration of the current lease, with no action required by both parties.

Now that it is one year, you can also increase the rents dramatically (depending on the province the proeprty is located in) that will also get their attention. Follow the local landlord and tenant laws for length of notice.

This goes for everyone who has tenants on leases. If the notice is 90 days, make sure you give them a rent increase notice 90 days before the end of the lease... don`t wait until the end or you`ll have to wait another 90 days before the increase kicks in.