Midnight Move

[markl]

I have had my first midnight move. The property is located in Ontario I have filed the N4 already and they moved out on that with out notice.

What are my next steps to comply with the laws of the land? Is there another form I need to fill out?

Thanks for your help

Regards,

 

[CarlaJohnson]

I wish the tenant we are evicting right now would do just that. She is insisting on going to the board, costing us a good chunk of cash and not paying any rent in the meantime.

2 years ago a family did just that on us. At first I stormed around googling their names, determined to track them down and do... something. Finally I released the anxiety. We cleaned the place out and re-rented it.

Let them go. It could be so much worse. Re-rent the place & move on.

Those are my thoughts.

Good luck Mark!

 

[Thomas Beyer]

QUOTE (CarlaJohnson @ Mar 3 2009, 09:16 PM) ...Finally I released the anxiety. We cleaned the place out and re-rented it.

Let them go. It could be so much worse. Re-rent the place & move on.
indeed .. pray and thank the Lord that there is no damage .. keep the damage deposit and re-rent .. possibly for more money in Ontario !

 

[billf]

Hi Mark,
You are not required for file for an eviction, but you can if you want to spend the fee. See attached link to LTB rules. I would file a 24 hour notice or try and call tenants(if you have a number) to inspect and go in with a witness and change the locks. You can leave a note with your 24 hour notice that if they intend to return, contact you at this number. Since you have already issued the N4 you are allowed to show the unit to new tenants if you want to try to mitigate your losses. After you file the N4 you can enter without 24 hour notice as long as you make an effort to contact prior to entry(eg. a call an hour before arrival).

http://www.ltb.gov.on.ca/en/Key_Informatio...L02_111484.html

If you do pay the $150.00 for the L2 eviction, you will have a judgement that you could take to small claims for recovery of lost rent/damages etc., and you will also have a piece of paper that denies any further claim on the property by the tenants. They could claim they went on vacation and you illegally took over thier rental and stole thier stuff. This is the route I would take, cover your bases, and if your former tenant has a job you can garnish wages etc.

Good Luck

Bill F

 

[Yev]

This is Ontario = No Damage Deposit!

You still have to follow the letter of the law. The LTB site directs you as to what you do. I agree with the above posts - thank you lucky stars and move on. However, if the tenants do have an ability to pay, and they moved out before the end of a lease, you can (if you choose) pursue them for rent outstanding (until the unit is rented).

Here is the LTB reference:
Abandoned unit

In case you do not want to follow the LTB rules - just imagine the `worst case scenario`: You have given them an N4, they claim to have been out of the country, you got their stuff thrown out, renovated the unit... AND they apply to the board to move back in to your newly renovated unit and have you pay for replacing their stuff... Don`t laugh - in Ontario this is entirely possible!

Good luck.

Yevgeni

 

[markl]

Thanks everybody and I do consider myself lucky that they have moved on. Makes it easier on everybody.

I appreciate all the help.

Regards,

 

[NorthernAlex]

Mark, did they take everything with them?

I remember reading something, that the landlord has to store for 2 months if they didn`t take everything with them. "HEEEEY, I HAD A $2,000 DIAMOND RING HIDDEN IN THE SHELF!"

Maybe someone know more about it....

 

[JohnS]

QUOTE (NorthernAlex @ Mar 4 2009, 09:51 AM) Mark, did they take everything with them?

I remember reading something, that the landlord has to store for 2 months if they didn`t take everything with them. "HEEEEY, I HAD A $2,000 DIAMOND RING HIDDEN IN THE SHELF!"

Maybe someone know more about it....


I don`t know about the 2-month thing, but I`m sure that people doing a midnight move would have their $2 000 ring insured, and would be happy to show the tribunal the insurance papers that would prove that....

Have a good one!

JohnS

 

[NorthernAlex]

I just found this at http://www.landlordselfhelp.com/facts/2007..._belongings.pdf :.
.
.
The Residential Tenancies Act states that if the tenant has abandoned the unit, the landlord may dispose of any unsafe or unhygienic items immediately. The landlord must wait 30 days after either obtaining an order from the Landlord and Tenant Board or giving the notice before selling, retaining or disposing of other items.

The tenant may contact the landlord any time within the 30-day period to retrieve his belongings and the landlord must make the tenant`s belongings available to the tenant at a reasonable time and at a place close by the unit.

The landlord is permitted to require the tenant to pay any outstanding rent; plus any reasonable out-of-pocket expenses incurred by the landlord for moving and storage costs before the tenant is allowed to retrieve the belongings.

The Residential Tenancies Act also requires that if the tenant claims any of the property that the landlord has sold within six months of the tenant`s abandonment, the landlord must pay to the tenant the amount of the proceeds of the sale, after deducting the amount for any arrears of rent owing and/or the landlord`s reasonable out of pocket expenses for moving, storing, securing or selling the property (Section 42).

 

[markl]

thanks alex going in tomorrow so there may be an E-bay sale happening soon

 

[ShannonMurree]

QUOTE (NorthernAlex @ Mar 4 2009, 08:24 PM) I just found this at http://www.landlordselfhelp.com/facts/2007..._belongings.pdf :.
.
.
The Residential Tenancies Act states that if the tenant has abandoned the unit, the landlord may dispose of any unsafe or unhygienic items immediately. The landlord must wait 30 days after either obtaining an order from the Landlord and Tenant Board or giving the notice before selling, retaining or disposing of other items.

The tenant may contact the landlord any time within the 30-day period to retrieve his belongings and the landlord must make the tenant`s belongings available to the tenant at a reasonable time and at a place close by the unit.

The landlord is permitted to require the tenant to pay any outstanding rent; plus any reasonable out-of-pocket expenses incurred by the landlord for moving and storage costs before the tenant is allowed to retrieve the belongings.

The Residential Tenancies Act also requires that if the tenant claims any of the property that the landlord has sold within six months of the tenant`s abandonment, the landlord must pay to the tenant the amount of the proceeds of the sale, after deducting the amount for any arrears of rent owing and/or the landlord`s reasonable out of pocket expenses for moving, storing, securing or selling the property (Section 42).


The Ontario Law/Rules seriously have to change. They`re ridiculous and the professional tenants out there are making us look like idiots and getting away with everything.