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Tenant won't move out by end of April as agreed.

KhoaN

Inspired Forum Member
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Oct 22, 2012
Messages
76
Hi all,
I've been renting a townhouse to 3 tenants on 1 contract, they're friends to each other. They had notified me on April 1 to move out by the end of this month. Two of them have been good except the third one always been a headache. The other two wanted to stay but can't afford the whole house and they don't get along with this third one anymore.

So this third tenant told me that she will be moving out on April 10 but now telling me that she won't start moving her stuff and dog on May 1 but I need the place to be vacant and cleaned by the end of April 30 for the new tenants moving in. She told her roommates that she doesn't give AF and told me good luck to enforcing her. I offered her to leave her stuffs in the garage and pick them up on May 1 but she refused. Given what happened in the past, she could pull a quick one on me by not moving out at all.
The property is in Alberta.
So what steps should I prepare from now?

Thanks,
 

Devin Roberts

Devin Roberts - Brent Roberts Realty
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Nov 17, 2015
Messages
126
For future reference, if they are roommates sign 3 separate tenancy agreements. Not sure what it’s like in AB, but did she just send a message saying that?


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Teresa10609

New Forum Member
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Nov 23, 2016
Messages
15
Is this in Ontario? If so, did you guys sing an N11 agreeing to end the tenancy? Or did they provide an N9 requesting to end tenancy?
If you have any of these documents then you can file at the LTB and request an eviction order. Unfortunately it takes a while as well so won't be ready for May 1st.

Alternatively, since they're all on the same lease they will all be responsible for payment and any claims the new tenants who cannot move in decide to file against them. Explain that they all signed the lease so share responsibility. Hopefully you can win the other two and get them to help you with this matter. Work with them because it's to their benefit so they don't get stuck with the consequences of the 3rd roommate's actions.

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Martin1968

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Jan 22, 2017
Messages
235
Seems to me a few rash decision were made.

April 1 notice on a month to month lease should have them being responsible for rent and utilities till end of May, (unless it was the end of a fixed period, in AB a notice is not required and they can move out on last day of Tenancy)
Did you agree it was fine to move out end of April?

Do I understand it right you already rented the prop again for May 1? If so, it gets complicated for both you and the new tenant being uncertain of what the lone tenant left is going to do.

I think the best advice I could give you is to rent the prop per June 1, either to the new tenants you have or re-advertise for June 1.

And of course you get to keep the security deposit from all 3, it’s a joined lease. I’m sure it’s not nice for the 2 goodwilling tenants but in order to recover their part of the security deposit they can go after their ‘friend’ instead of you dealing with the hassle.

So again, all this would depend on what you have agreed on for move out date, verbally or written doesn’t matter.
 

Matt Crowley

0
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Dec 14, 2013
Messages
980
This isn't too bad.

Something actually has to do something wrong to file with the courts, so keep that in mind as you take cautious steps here.

1. A standard lease contract that is joint and several is obviously far better than a roommate contract. Don't use those, glad you didn't here. Your lease should have a clause on overholding and costs associated that they will be responsible for. That is in your backpocket. You will have some ability to enforce against that. Ask your existing tenant what you can do to help make the transition easier for them. Your goal is to get them back their DD, so here is what you guys need to do X, Y, Z to make that happen. Let's work together. If that is not an option, then I will have to file to the courts and unfortunately, each one of you are individually responsible for what any one of you may do wrong. As a LL, this means you can collect from whoever you choose. Tenants will lose on this one. But you can't legally file until they are overholding, to my knowledge.

2. Get an assessment from (1) as to how likely they will overhold and get in front of it with your new tenant. Your lease should state that you are not liable if previous tenant is overholding. But talk up front about it so new tenant can prepare.

I would frame this to the maximum amount that we need to rally together, no one wants to deal with courtrooms, and wheels are in motion that you have a right to rely on and the new tenant has a right to rely on. In all this, only the existing tenants end up losing. Better to have no losers, existing tenants get full DD back and move on with life.

Easy fix.
 

KhoaN

Inspired Forum Member
Registered
Joined
Oct 22, 2012
Messages
76
Seems to me a few rash decision were made.

April 1 notice on a month to month lease should have them being responsible for rent and utilities till end of May, (unless it was the end of a fixed period, in AB a notice is not required and they can move out on last day of Tenancy)
Did you agree it was fine to move out end of April?

Do I understand it right you already rented the prop again for May 1? If so, it gets complicated for both you and the new tenant being uncertain of what the lone tenant left is going to do.

I think the best advice I could give you is to rent the prop per June 1, either to the new tenants you have or re-advertise for June 1.

And of course you get to keep the security deposit from all 3, it’s a joined lease. I’m sure it’s not nice for the 2 goodwilling tenants but in order to recover their part of the security deposit they can go after their ‘friend’ instead of you dealing with the hassle.

So again, all this would depend on what you have agreed on for move out date, verbally or written doesn’t matter.

It was a fixed term and we all agreed to end by the end of April by texts. I had tenants lined up but now back out because I was upfront with them. I’m now advertising for June 1 to deal with this mess fist.

Thanks again.


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KhoaN

Inspired Forum Member
Registered
Joined
Oct 22, 2012
Messages
76
This isn't too bad.

Something actually has to do something wrong to file with the courts, so keep that in mind as you take cautious steps here.

1. A standard lease contract that is joint and several is obviously far better than a roommate contract. Don't use those, glad you didn't here. Your lease should have a clause on overholding and costs associated that they will be responsible for. That is in your backpocket. You will have some ability to enforce against that. Ask your existing tenant what you can do to help make the transition easier for them. Your goal is to get them back their DD, so here is what you guys need to do X, Y, Z to make that happen. Let's work together. If that is not an option, then I will have to file to the courts and unfortunately, each one of you are individually responsible for what any one of you may do wrong. As a LL, this means you can collect from whoever you choose. Tenants will lose on this one. But you can't legally file until they are overholding, to my knowledge.

2. Get an assessment from (1) as to how likely they will overhold and get in front of it with your new tenant. Your lease should state that you are not liable if previous tenant is overholding. But talk up front about it so new tenant can prepare.

I would frame this to the maximum amount that we need to rally together, no one wants to deal with courtrooms, and wheels are in motion that you have a right to rely on and the new tenant has a right to rely on. In all this, only the existing tenants end up losing. Better to have no losers, existing tenants get full DD back and move on with life.

Easy fix.

Thanks Matt!

I did try to solve the issue in a nice way offering her to leave the stuffs in the garage and pick it up later but he refused it. I told her based one AB tenancy act, the House should be vacant and ready by noon April 30 but I will give her time till end of 30, so it won’t do anybody good to use legality. She said good luck to enforcing it. My new tenants back out and I will advertise for June 1 to sort this out. At the same time, i will continue talk to other two to convince her. I will use all tools for over holding after.


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Alvaro Sanchez

Ottawa-Gatineau Investor
Registered
Joined
Jun 5, 2009
Messages
966
In the future, get it in writing instead of texts. Some people will be more prone to act when a document is signed and prefer to do it in person. If any of them hesitate on signing (giving you excuses) then you know where you stand. I would have one agreement as everyone will be responsible for lease until everyone is out.
 
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