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photon · 06-09-2009, 01:09 PM

Hard to say how the courts would go, they're notoriously pro-tenant. Given how you found it (everything gone, utilities disconnected), it was pretty reasonable to assume it was abandoned, and you can enter without notice if you believe it's abandoned. Did you make an effort to contact the tenant to see if they'd abandoned it?

The fact that they disconnected the utilities might make it strong in your favor, since disconnecting utilities can actually damage the property (pipes freeze, burst). And yeah, 24 hours notice to get the stuff out is perfectly legal. Who knows maybe you can do a 48 hours notice to vacate since they apparently abandoned and you accepted that as repudiation by terminating the tenancy, and now she's squatting.

For the bailiff, once you post an eviction notice that is the remedy for the late rent, so that's no longer an option (I checked with a lawyer about this once as I was in a situation that that was an option).

You might try checking with Foster & Associates @ (403) 259-0029. They'll usually take calls from landlords to give legal info over the phone, I've called them a few times and they've been very nice.

06-09-2009, 01:09 PM	#11
photon The new goggles also do nothing. Join Date: Oct 2001 Location: Calgary Exp:	Hard to say how the courts would go, they're notoriously pro-tenant. Given how you found it (everything gone, utilities disconnected), it was pretty reasonable to assume it was abandoned, and you can enter without notice if you believe it's abandoned. Did you make an effort to contact the tenant to see if they'd abandoned it? The fact that they disconnected the utilities might make it strong in your favor, since disconnecting utilities can actually damage the property (pipes freeze, burst). And yeah, 24 hours notice to get the stuff out is perfectly legal. Who knows maybe you can do a 48 hours notice to vacate since they apparently abandoned and you accepted that as repudiation by terminating the tenancy, and now she's squatting. For the bailiff, once you post an eviction notice that is the remedy for the late rent, so that's no longer an option (I checked with a lawyer about this once as I was in a situation that that was an option). You might try checking with Foster & Associates @ (403) 259-0029. They'll usually take calls from landlords to give legal info over the phone, I've called them a few times and they've been very nice. __________________ Uncertainty is an uncomfortable position. But certainty is an absurd one.