Tenants not out by 12 noon

jwilbrin

0
Registered
May 28, 2009
69
0
6
Calgary
#1
Hi all!

So one of my landlording pet peeves is Tenants not being out of the unit (belongings out and thoroughly cleaned) by the 12 noon time stated on their leases.

I`ve had the occasional tenant who does not get their stuff out until late the evening of their move out day and on one occasion the morning of the following day.

Now this does not happen often but when it does it creates a huge problem for my cleaning crew who is trying to get the unit ready for the next tenant to take possession the following day. Trying to get the carpets cleaned and dry within a couple of hours does not work.

I`ve poured over the alberta landlord and tenant act to see what actions the landlord can take -- nothing really in the act. I`ve called Gov`t of Alberta to find out if the tenant is not out by the following day which is usually the first of the month can I charge them for another full month or a pro rated rent or possibly penalty fee. They advised there is nothing in the act which states the landlord can legally do any of the above in fact it does not specify anything the landlord can do.

I plan on adding wording to my lease agreement which states that the landlord reserves the right to charge a penalty fee if the tenant is not out by the specified 12 noon on the last day of the month or a full months rent or pro rated rent if they have not vacated the premises by the first day of the following month. Before I talk to my lawyer about it I would love to get feedback from rein landlords to see what actions you have taken in the past to deal with similar situations. You guys always have such creative ideas!
 
#2
QUOTE (jwilbrin @ Jul 28 2009, 11:18 AM) Hi all!

So one of my landlording pet peeves is Tenants not being out of the unit (belongings out and thoroughly cleaned) by the 12 noon time stated on their leases.

I`ve had the occasional tenant who does not get their stuff out until late the evening of their move out day and on one occasion the morning of the following day.

Now this does not happen often but when it does it creates a huge problem for my cleaning crew who is trying to get the unit ready for the next tenant to take possession the following day. Trying to get the carpets cleaned and dry within a couple of hours does not work.

I`ve poured over the alberta landlord and tenant act to see what actions the landlord can take -- nothing really in the act. I`ve called Gov`t of Alberta to find out if the tenant is not out by the following day which is usually the first of the month can I charge them for another full month or a pro rated rent or possibly penalty fee. They advised there is nothing in the act which states the landlord can legally do any of the above in fact it does not specify anything the landlord can do.

I plan on adding wording to my lease agreement which states that the landlord reserves the right to charge a penalty fee if the tenant is not out by the specified 12 noon on the last day of the month or a full months rent or pro rated rent if they have not vacated the premises by the first day of the following month. Before I talk to my lawyer about it I would love to get feedback from rein landlords to see what actions you have taken in the past to deal with similar situations. You guys always have such creative ideas!


Yes but then you would have the challenge on trying to collect on that so what cost would justify the expense of collection. I agree there are many with creative ways here. Have you sent a friendly reminder letter to the tenant that they have to be out by noon and have you offered them any incentive or "bonus" or gift? I don`t know Alberta market so will let the "experts" out there to advise further because Ontario has crazy Landlord/Tenant Laws.
 

invst4profit

0
Registered
Aug 29, 2007
2,042
8
0
70
Kingston Ontario
#3
A friend of mine suspecting a tenant would not be out on time showed up at the unit with some helpers and assisted the tenant to move all of his belongings onto the front yard.
It work out well for the owner as he was on a very tight time frame but he did end up with a upset X tenant.
 

HeatherBrandt

0
Registered
Aug 30, 2007
320
0
0
Red Deer
#4
QUOTE (invst4profit @ Jul 29 2009, 06:40 AM) A friend of mine suspecting a tenant would not be out on time showed up at the unit with some helpers and assisted the tenant to move all of his belongings onto the front yard.
It work out well for the owner as he was on a very tight time frame but he did end up with a upset X tenant.

It would be interesting what the ex tenant could do in this situation (legally). They aren`t entitled to the property, they haven`t been injured and none of their property has been stolen/destroyed. Probably better to put the belongings on the (public) sidewalk rather than the yard.

Reminders at 1 week and 24 hrs might be helpful.