Landlord Advice: He hasn't been paying the mortgage - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

anyonebutedmonton · 02-25-2010, 02:43 PM

I need some CP advice on a situation that has been developing regarding my landlord and the apartment I am in.

I have been contacted by a company who deals with occupancy checks. They wanted to know who the occupants of the apartment are and told me that they have been contracted by the bank because the landlord is in arrears on his mortgage.

I have to fill you in on some details. The landlord lives in Regina and has only been to the unit once a few days after I moved in. He honestly seems like a sketchy dude and I am a bit concerned with regards to my security deposit. After signing the lease (checklist etc.) with an intermediary whom he hired (A management company), I did not receive back a signed copy from him. The damage deposit is in the form of a bank draft and is one months rent. The one time I met him I gave him post dated cheques for 12 months. He has been cashing these cheques as the rent comes due and things have been going fine. The only things I have issue with are that the storage area I was promised does not exist and the apartment style laundry machine I was told was going to be installed ended up being these massive normal washer dryer that takes up the entire laundry area.

I am worried what might happen to my security deposit as there is a fairly high chance he did not deposit it into a trust account as is outlined in the residential tenancies act.

Any advice you guys have?

VladtheImpaler · 02-25-2010, 02:52 PM

How much time is left on your lease?

jolinar of malkshor · 02-25-2010, 02:57 PM

How many months left of cheques does he have. If he is almost out of posted dated cheques, just pay him monthly and if he f's off dont pay him his final month.

mykalberta · 02-25-2010, 03:06 PM

I agree with Jolinar.

One thing, if I were you I wouldnt be dealing with what ever company handles occupancy at all. That is not your responsibility. Your responsibility to to pay your rent on time, not help the bank out - just IMO of course.

CaptainCrunch · 02-25-2010, 03:29 PM

I'd cancel my post dated check, and pay on a month to month basis.

anyonebutedmonton · 02-25-2010, 03:49 PM

Ok so just to respond to the questions...

It is a one year lease and it is up June 1, 2010.

So he currently has 3 cheques remaining (March, April, and May).

I am thinking about leaving the March cheque alone as it is due Monday, but canceling the other two and paying it as they come due.

I just feel exposed knowing that he is kind of sketchy and he has my Security Deposit.

REDVAN · 02-25-2010, 08:31 PM

Yeah call your bank and put a stop payment on your cheques when you get to the last month- that way you can make sure he doesn't steal your money at the end.

But up until then, if the landlord leaves you alone, it is generally a good thing.

photon · 02-25-2010, 09:41 PM

If you didn't receive a copy of the rental agreement within 21 days of signing the agreement, you can withhold the rent until you receive a copy, so that might be a (short lived) tool to use.

But yeah I might be inclined to cancel the post dated cheques too.

I think I remember reading that in the case of an unpaid mortgage if the bank has to step in then all bets are off; they can boot you out regardless of any agreements. Which didn't seem fair, but I think that's the case, but don't know for sure on that.

HOOT · 02-25-2010, 09:47 PM

Burn the place down!

photon · 02-25-2010, 09:48 PM

It was a she.

ResAlien · 02-25-2010, 09:57 PM

Pack up your stuff, accept the deposit loss and burn the place to the ground. Seems reasonable.

csnarpy · 02-25-2010, 09:58 PM

Quote:

Originally Posted by photon

If you didn't receive a copy of the rental agreement within 21 days of signing the agreement, you can withhold the rent until you receive a copy, so that might be a (short lived) tool to use.

this is a really great point.

Rathji · 02-25-2010, 10:32 PM

Quote:

Originally Posted by photon

If you didn't receive a copy of the rental agreement within 21 days of signing the agreement, you can withhold the rent until you receive a copy, so that might be a (short lived) tool to use.

But yeah I might be inclined to cancel the post dated cheques too.

I think I remember reading that in the case of an unpaid mortgage if the bank has to step in then all bets are off; they can boot you out regardless of any agreements. Which didn't seem fair, but I think that's the case, but don't know for sure on that.

I seem to recall hearing that in the event that a rental house changes owners, the new owner must give a certain amount of time for the tenant to leave the premises. I recall 90 days, but that might be totally out of wack.

Call Landlord and Tenant, and cancel all your post dated cheques and don't pay the last months rent unless you are certain you will get that deposit back (which under the current owner, seems unlikely.)