Tenant Problems...

**Terinox** · 09-23-2003, 07:02 AM

Howdy,

To make a long story short, my parents gave half of our semi-attached home for rent. They put up a wall, and there is a side entrance, so that the people downstairs have complete privacy. They wrote a contract, which says that they will stay for one year, and pay monthly rent, it's not a fancy contract, but still a written contract.

They started off fine, paying rent and all. However, come September, they payed for only the first 2 weeks, saying that they can't afford the rest, and they are sorry, bla bla, and they will be moving out. However, it's Sept. 23rd, and they have pretty much stayed over a week for free. Now, it's a couple, kinda young, and my parents don't like them much, they think they are kinda, I guess the word in English would be "thugs"

Anyways, they don't want to make too much of a scene, worried they might be assholes and make troubles for us or something.

Now, I'm guessing my parents are letting them stay until the end of this month for free, which is obviously stupid, but I think they just wanna get rid of them fast. However, what can WE as the landlord do, if come October, these people are fucking around, say things like, we wanna stay longer, or, simply that they aren't leaving? I'm not sure how the laws work, but my parents don't wanna have to go get a lawyer, and drag this thing out and make it a big deal.

Any ideas, suggestions would help. And by the way, I live in Ontario, Canada. So laws are probably different from the U.S.

Thnx,
T.

**Strut99GT** · 09-23-2003, 08:07 AM

Well, I'm sure that your parents have some sort of contract written out with these people. That is pretty much going to be your most valuable asset if the renters try to get out without due payment. Without wanting to hassle with lawyers, though, you're not going to get very far...

**BUYLONGTERM** · 09-23-2003, 09:06 AM

Kick there ass out of the house!!!! Call the police or Sheriff...

**BigMike J** · 09-23-2003, 09:54 AM

Unfortunately you can't just kick their ass out of the house, there are laws to protect tenents from being kicked out, just as there laws that protect the landlord from deadbeat tenents.

It's sorta hard to offer advice not knowing what the security agreements conditions were dependent upon.

1st off your parents should not have accepted any money unless it was for the full amount. They should have given them written notice of eviction or rent due as soon as the rent was over due.

Some owner/lanlords will serve and over due notice then an evictin notice if rent is still not paid. Or you can just wrap the eviction notice in and overdue notice sorta like this.

example:
Notice of rent due/eviction

renter:_______ has 10 days to vacate the house at the address on, 123 hill drive, unless the $______ rent is paid in full exactly 2 days of this reciept of this notice for rent due on _________, If renter fail to pay the above mentioned amount for rent due then the tenent must vacate the property in the time allocated of 10 days of this notice. Refere to security agreement for details.

Leasor/landlord________________

And then if the tenents do not pay and still have not moved you can exercise your right to have then escorted off the property by the sheriff.

After they have moved out your parents can take them to court for being in default of the agreement and ask for the money owed for the rest of that year. if the lease was for a year.

Consult with your local rental laws to make sure

hope this helps some

**Red Ketchup** · 09-23-2003, 10:43 AM

Ter, check out the Ontario rental board, tenants and landlords have rights.

Here in Quebec tenants have killer rights. It's almost impossible to evict a dead beat tenant without a rental board court order here. Scary shit.

It can take up to 6 months to kick out a dead beat here. What my friend does is simple... he goes to see the deadbeats, offers them $500 to be out of the appartment by 5pm the next day. 99% of the time they take the money and run, costs him $500 but saves 3-6 months unpaid rent.

Red

**navydevildoc** · 09-23-2003, 10:51 AM

The laws here in California are similar to the rest of the states. You have to give a notice of rent due, and at least 3 days eviction notice. However, once you serve them with the eviction notice and they don't pay up, at the end of the third day you can have police/sheriff escort them out. If it comes to that however, you can't avoid having a scene. The cops are gonna come, they are gonna tell the people to beat it, and if there is trouble, they arrest them all. It's worse if they have kids, cuz then you have to get child protective services out, the whole ordeal looks bad. It happened to some people a few doors down almost a year ago. They argued with the sheriff, got belligerent, and were promptly arrested. The problem was they had like a 2 year old son they had to take care of. It really was a mess.

**Red Ketchup** · 09-23-2003, 11:53 AM

Ter, have a look at

http://www.orht.gov.on.ca/userfiles/HTML/orhthome.html

Overdue rent

If a tenant does not pay the full rent by the end of the day that it is due, a landlord can ask the tenant to move out of the rental unit.

The landlord must give the tenant a notice in writing, in a form called a Notice to Terminate a Tenancy Early for Nonpayment of Rent. A copy of this form is available from the Tribunal.

If a tenant rents by the day or week, the landlord must give the notice at least seven days before the date the landlord wants the tenant to move out (called the termination date).

If a tenant rents month by month or has a lease for longer than one month, the landlord must give the notice at least 14 days before the termination date.

The notice must tell the tenant that they do not have to move if they pay the full amount of overdue rent before the termination date ends.

If the tenant pays the full amount by this deadline, the notice is cancelled.

If the tenant does not pay the full amount, or they do not move out by the termination date, the landlord can apply to the Tribunal for approval to evict the tenant. The application must be on a form available from the Tribunal.

Late rent payments

If a tenant?s rent has often been late, a landlord can ask the tenant to move out of the rental unit ? even if the current rent is not late.

The landlord must give the tenant a notice in writing, called a Notice to Terminate a Tenancy at the End of a Term. A copy of this form is available from the Tribunal.

If a tenant rents by the day or week, the landlord must give this notice at least 28 days before the date the landlord wants the tenant to move out (called the termination date).

The termination date must fall at the end of a seven-day period (that is, the day before a new rent payment is due).

If a tenant rents month by month, the landlord must give at least 60 days notice. The termination date must fall at the end of a month.

If a tenant has a lease, the landlord must give at least 60 days notice, but the termination date cannot be earlier than the end of the lease.

Once the notice is given, the landlord may apply to the Tribunal for approval to evict the tenant. The application can be made before the termination date, or after, if the tenant has not moved out. However, the application cannot be made if more than 30 days have passed since the termination date.

The application must be made on a form available from the Tribunal.

That might help

Red

**Terinox** · 09-23-2003, 12:52 PM

Thanks for all the replies guys, helps big time!

Red, I'll look into that website, thnx, very helpful.

From what I understand, the guy told my dad that he was sorry he couldn't make the rent, and that they are looking for a place, and will move out at the end of the month. Since there is only a week left, for now I won't worry about it much. But if they start causing problems, and don't leave in a week, then we'll have no choice but to take serious action.

Thnx again,
T.

**KeyMastur** · 09-23-2003, 01:15 PM

You could always break in and steal their stuff and hold it ransom. Or even steal some small things and sell them for money. They can't prove a thing.

***BIG TEXAN*** · 09-23-2003, 01:29 PM

KeyMastur, I really like the way you think. I'd have to say we're both on the same brain wave here.

Because I was thinking roughly the same, just a bit more violent.

**Red Ketchup** · 09-23-2003, 03:25 PM

Key & BT ... That would land you in jail a long long time here...

The gov. here is real anal on "tenants rights".

Red

**Jdawg50** · 09-23-2003, 04:34 PM

Evict them, go throught the courts

**bigol'legs** · 09-23-2003, 04:47 PM

Here in MT the landlord can give you a 3-day eviction notice. If your not out the police will escort you out... Makes ya wanna pay on your homestead

**Terinox** · 09-23-2003, 04:55 PM

Like I said though, we don't know anything about these people, or their history. My parents see the guy with out a job for some time, they fight sometimes, the guys got tattoo's all over the place (yeah I know that doesn't mean anything, but to my parents it's a concern). In other words, I guess they are worried that if we did something, they might do something in retaliation, and who knows wut. Smash up our cars, ruin the house downstairs some how, God forbid set the house on fire (in which case I would def. do what Big Texan has on his mind

)

**Tock** · 09-23-2003, 05:41 PM

Hmmm . . . sounds like the situation calls for some creativity . . .
If you want 'em out, yah, you could go the long and legal route, or you could just make things rather unpleasant for 'em where they are.
When's the last time you had the place exterminated for termites? You could have some guy come over and spray the place with the stinkiest stuff he's got . . . or maybe let some mice or rats loose in the place, that ought to encourage 'em to leave. Maybe develop an urge to listen to high-decibel renditions of Puccini (opera) from 9 pm to 5 am--keep 'em from sleeping. Or disable the furnace, and hot water heater, freeze 'em out; when they complain, tell 'em you'll fix it as soon as they're current with their rent. Won't take more than two cold showers to persuade 'em to move . . .

Sometimes you really can't wait for justice, and ya gotta take matters into your own hands. Nothing violent, mind you, just, um, creative . . .

--Tock

**KeyMastur** · 09-23-2003, 05:42 PM

I have an idea that's bound to work. Burn the place down !! Just try and make it look like you didn't set the place on fire on purpose.

**Terinox** · 09-23-2003, 05:56 PM

Originally Posted by KeyMastur

I have an idea that's bound to work. Burn the place down !! Just try and make it look like you didn't set the place on fire on purpose.

Dude, this is OUR house, why would WE set it on fire?? We aren't the tenants, we are the ones having problems with our tenants. I don't get it

**KeyMastur** · 09-23-2003, 06:04 PM

Originally Posted by Terinox

Dude, this is OUR house, why would WE set it on fire?? We aren't the tenants, we are the ones having problems with our tenants. I don't get it

maybe b/c it's a joke ??

**Terinox** · 09-23-2003, 06:10 PM

One more thing, the tenant guy, he made a verbal agreement with my dad that they would pretty much be moving out at the end of the month. I mean, they plan to stay for 2 weeks FREE right. We ALREADY have someone ready and set to move IN the first of October. So, what can we do, when the new guy shows up? He's ALREADY paid his downpayment, first and last. I mean, after staying 2 weeks free, if they refuse to leave, and the new tenant is waiting to move in, then wut?

Can we call the cops and have the tenants evicted? Or is that verbal agreement not worth shit all?

**KeyMastur** · 09-23-2003, 06:24 PM

Originally Posted by Terinox

Can we call the cops and have the tenants evicted? Or is that verbal agreement not worth shit all?

For what it's worth, get it in writing.

**Terinox** · 09-23-2003, 06:29 PM

Originally Posted by KeyMastur

For what it's worth, get it in writing.

You're the boss

**BigMike J** · 09-23-2003, 07:03 PM

Give them a notice to vacate NOW! That way when the new tenents are ready to move in the notice will be close to expiring and you can have their asses thrown out

**Red Ketchup** · 09-23-2003, 07:13 PM

Sorry bro, verbal agreement doesn't mean squat...

Eviction for non payment notice:
http://www.orht.gov.on.ca/userfiles/...3453659_n4.pdf

Instructions for that notice
http://www.orht.gov.on.ca/userfiles/...ructions-e.pdf

Red

**Testify** · 09-23-2003, 07:55 PM

I hope you made the new tenant sign a real, standard legal rental contract. This would help you avoid any future problems. Good luck.

**Terinox** · 09-23-2003, 10:07 PM

Originally Posted by Red Ketchup

Sorry bro, verbal agreement doesn't mean squat...

Eviction for non payment notice:
http://www.orht.gov.on.ca/userfiles/...3453659_n4.pdf

Instructions for that notice
http://www.orht.gov.on.ca/userfiles/...ructions-e.pdf

Red

Damn bro! Thnx a lot! You pretty much gift wrapped and hand delivered it all to me

I owe ya.

**EXCESS** · 09-23-2003, 11:06 PM

1. Turn your speakers face down and play your music loud all night. Call the cops and place a noise complaint against them.
2. Make a phonecall every 10 minutes between 2-8 AM to ask when they'll be moving out.
3. Give them the mandatory 24 hour entry notice to inform them of a cockroach fumigation. Repeat this every day.
4. Turn off the water unless YOU need it.
5. Turn off the power whenever you feel like it.

I could go on and on. Just make sure you make their lives miserable.

**Terinox** · 09-23-2003, 11:12 PM

Originally Posted by EXCESS

1. Turn your speakers face down and play your music loud all night. Call the cops and place a noise complaint against them.
2. Make a phonecall every 10 minutes between 2-8 AM to ask when they'll be moving out.
3. Give them the mandatory 24 hour entry notice to inform them of a cockroach fumigation. Repeat this every day.
4. Turn off the water unless YOU need it.
5. Turn off the power whenever you feel like it.

I could go on and on. Just make sure you make their lives miserable.

Thnx EXCESS, will do

We are giving them till this weekend apparently. That's wut my dad told them, we said the NEW tenant is moving in this weekend. After that, if they are fucking around, giving us troubles, all hell shall break loose! And I will ask you to "go on and on" with your ideas