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Old 08-01-2012, 03:28 PM   #15
photon
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Join Date: Oct 2001
Location: Calgary
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I just finally got rid of a problem tenant.. Alberta is one of the better provinces law wise, and even then man if they know the law can they ever screw you over. It's even worse in Ontario or BC.

Lesson I learned this time: even if you have a clause in your contract that says if you can't provide possession of the property to the new tenants on time then the landlord isn't responsible, the law says the landlord is responsible (and of course you can't supercede the law).

So, for example, if a tenant is scheduled to move out, and it's rented to new tenants, and the tenant DOESN'T move out as scheduled, then the landlord is responsible for remedying the situation for the new tenants, which may include putting them in a hotel and paying for storage for all their stuff until such a time as the landlord can provide the property or a comparable property.

Fortunately it didn't go that far for me this time, but I thought it was for a while.

AND I'm supposed to be on vacation right now, not dealing with this crap.

A good management company is a good idea, if nothing else it'll force one to look at a rental as a business and consider cash flow and repair budgets and such.

Worst part is I KNEW this one was a risk, but I figured I'd roll the dice. When making a value judgment of vacant month vs. more risky tenant, I can tell you that the risk might seem ok at the time, but when it goes south it's NOT worth the risk. I'd rather have it vacant and wait for the right tenant. Even better is to have properties that aren't a problem to fill with good tenants (which I've learned over time, some of my friends are actually selling and buying different properties to fit this criteria among others).

Sort of OT sorry, but sitting in Saskabush dealing with tenant issues while my kid gets to build sand castles is a bit frustrating.
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