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Stundent moving out, with 4 days notice

Bottlejack

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I have a student that is moving out with 4 days notice. Another stundet also moved out part way throw the year but gave notice so I could fill her room.. The student that is moving out without the notice has given checks until that end of the school year. She has not asked for them back yet, (I am sure she will), i just have not returned her phone call. She is moving out because she failed out not because of anything wrong with the house. There is no active lease.. Any suggestions? Eg. should i just give the checks back, tell her that we agreed that 60 days notice was required to move out?

Thanks
Eric
 

rymac

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QUOTE (Bottlejack @ Dec 22 2008, 09:22 AM) I have a student that is moving out with 4 days notice. Another stundet also moved out part way throw the year but gave notice so I could fill her room.. The student that is moving out without the notice has given checks until that end of the school year. She has not asked for them back yet, (I am sure she will), i just have not returned her phone call. She is moving out because she failed out not because of anything wrong with the house. There is no active lease.. Any suggestions? Eg. should i just give the checks back, tell her that we agreed that 60 days notice was required to move out?

Thanks
Eric

No active lease? if you have a lease agreement that says you need 60 days notice you`re within your rights to get two more months worth of rent. Keep two cheques and give her the rest back. If you get it re-rented send her the other cheques back.
 

Mike Milovick

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Hi Eric;

Get a proper parental co-signed lease and the next time this happens, you will not only be collecting the next two months, you will be collecting her next eight months of rent (assuming lease ends in August and you do not re-re-rent her room).

Doing student housing without a lease (or any landlording without a lease) or a parent co-signer is setting yourself up for disaster. Its like giving a $5400 used car away to someone without a job or fixed address.

Mike

QUOTE (Bottlejack @ Dec 22 2008, 11:22 AM) I have a student that is moving out with 4 days notice. Another stundet also moved out part way throw the year but gave notice so I could fill her room.. The student that is moving out without the notice has given checks until that end of the school year. She has not asked for them back yet, (I am sure she will), i just have not returned her phone call. She is moving out because she failed out not because of anything wrong with the house. There is no active lease.. Any suggestions? Eg. should i just give the checks back, tell her that we agreed that 60 days notice was required to move out?

Thanks
Eric
 

brentdavies

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Let us know if the cheques from the tenant clear the bank in the new year.

Welcome to student rentals.
 

Bottlejack

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I guess i should clarify the checks are from the parent. I am not sure that is going to make a Dfference. i am dealing with the mother. But i will let you know how it works out..
 

Smitty

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QUOTE ...the next time this happens, you will not only be collecting the next two months, you will be collecting her next eight months of rent (assuming lease ends in August and you do not re-re-rent her room).Careful. Not sure what province we`re talking about here, but in Alberta that`s not necessarily true.

Whether its periodic or fixed, generally speaking, as a matter of practicality as viewed by the court or Landlord-Tenancy board, you cannot simply just keep cashing rent cheques in Alberta just because the tenant gave improper notice or did a midnight move.

You have to do a pile of work here, and you have to prove
that you have been very diligent in your efforts to re-rent the suite. Most times, what happens is the Landlord can generally keep the security deposit, - as a one month buffer
(I do this in my leases - improper notice constitutes the surrender of your security deposit).

Generally, as a Landlord, you get a one month`s buffer to re-rent.

Please understand, that above advice is based not on the strict interpretation of the Landlord Tenancy Law, which would seem to favor the Landlord in this issue - particularly in the instances where fixed leases are used, but in several detailed conversations with the Landlord Tenancy board and the Dispute Resolution Service. I`m just saying its a huge misconception that some Landlords have that a suite can just "sit empty" because a lease was broken and the suite makes money.

Mike `Smitty` Smith

P.S. Totally concur with all the other advice; must get parents to co-sign and give cheques up front!

P.P.S. I have also found that it is extremely useful to have a very frank, up front, straightforward conversation with students before
they move in about breaking leases, and should their circumstances change etc etc.
 

housingrental

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Re Smitty`s post
Not sure why he`s posting that
If contract is in place and tenant bails tenant still owes you funds for remainder of lease term
BUT
You have to be dilligent in trying to mitigate damages by re-renting unit
So tenant bails
You put up for rent sign, photograph it
Post ads
Keep log of everyone that contacts you from ad and each viewing you did
Tenant on lease that leaves only owes you up to the date its re-rented
Mike Milovick and other posts are good
With student housing get parental co-signers and always get students on lease
I`ve even taken the get students on lease idea as far as agreeing to not raise rent on below market rent unit that I took over to get tenants to agree to sign new lease under my structure to prevent them going on monthly tenancy re lease date was ending
Nothing worse than trying to rent student housing off term
 

Mike Milovick

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Hi Mike;Please re-read the quote:"...the next time this happens, you will not only be collecting the next two months, you will be collecting her next eight months of rent (assuming lease ends in August and you do not re-re-rent her room)."

If a student leaves mid-term, I would suggest 90% of the time, that room is not being re-rented. As landlord, you have to make efforts to re-rent the room (advertising etc.). Failing which, if you have good, parent signed lease, you are claiming damages (advertising costs, lost revenue) against the tenant and parent at end of lease term. This is applicable in Ontario - and probably in other areas as well.

Mike


QUOTE (Smitty @ Dec 22 2008, 03:32 PM) Careful. Not sure what province we`re talking about here, but in Alberta that`s not necessarily true.

Whether its periodic or fixed, generally speaking, as a matter of practicality as viewed by the court or Landlord-Tenancy board, you cannot simply just keep cashing rent cheques in Alberta just because the tenant gave improper notice or did a midnight move.

You have to do a pile of work here, and you have to prove
that you have been very diligent in your efforts to re-rent the suite. Most times, what happens is the Landlord can generally keep the security deposit, - as a one month buffer
(I do this in my leases - improper notice constitutes the surrender of your security deposit).

Generally, as a Landlord, you get a one month`s buffer to re-rent.

Please understand, that above advice is based not on the strict interpretation of the Landlord Tenancy Law, which would seem to favor the Landlord in this issue - particularly in the instances where fixed leases are used, but in several detailed conversations with the Landlord Tenancy board and the Dispute Resolution Service. I`m just saying its a huge misconception that some Landlords have that a suite can just "sit empty" because a lease was broken and the suite makes money.

Mike `Smitty` Smith

P.S. Totally concur with all the other advice; must get parents to co-sign and give cheques up front!

P.P.S. I have also found that it is extremely useful to have a very frank, up front, straightforward conversation with students before
they move in about breaking leases, and should their circumstances change etc etc.
 

Bottlejack

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Just a final update.

I called the mother of the student that left without notice a couple nights ago and informed her that she was responsible for two more months rent as per are agreement. But I was trying to rent the room. She was pretty good about it. I told her it was not likely that i would be able to find a tenant. She gave me her sob storey that money was tight but never said she would not pay. I told her i would work with her if there was a problem and I would be in touch when I knew more.. (I had 4 calls about the place but no one that had set up a time to see it). So long storey short I put my add on Kijiji again to get my add up to the top. got a call hours after and now have the room rented..

lesson learned..
Although a 12 month lease does not work in this situation, I think I could have got a 8 month lease. If not an 8 month I should have had it in writing that the 60 days notice was required.
Tired of being lucky.. Time to get good.. (well at least less sloppy)

Thanks for all the posts.
 

GarthChapman

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QUOTE (Bottlejack @ Jan 1 2009, 10:54 AM) lesson learned..Although a 12 month lease does not work in this situation, I think I could have got a 8 month lease. If not an 8 month I should have had it in writing that the 60 days notice was required.Tired of being lucky.. Time to get good.. (well at least less sloppy)

Thanks for all the posts.

And add a break fee
to your lease. That is, a fee the tenant must pay to terminate the lease early
. Note- my experience is in Alberta, so I am not certain this is legal in Ontario.
 

Bottlejack

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QUOTE (GarthChapman @ Jan 1 2009, 02:13 PM) And add a break fee to your lease. That is, a fee the tenant must pay to terminate the lease early. Note- my experience is in Alberta, so I am not certain this is legal in Ontario.


That is a great idea.. anyone know if a BREAK FEE is legal in ontaio?

thanks
Eric
 
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