Landlord Question

[anyonebutedmonton]

I am just ending my one year lease at my apartment that began June 1, 2009.

My landlord is asking to do the move out and inspection tomorrow (Monday May 31, 2010) but I am not able to move into my new place until the June 1, 2010.

Who is in the right here? Do I have a right to be able to move out on June 1 rather than May 31? Keep in mind the landlord is a skeezy guy who lives out of province and has given me nothing but problems since I first moved in. I am actually kind of worried about him reneging on the security deposit, cause he has been having trouble paying the mortgage (the bank contacted me as the occupant) and is in arrears on his municipal taxes. Oh and he never returned a signed copy of the move in report.

Any advice oh wise CP?

[ken0042]

When does your lease say the rental ends?

Anytime I rented, it was always from noon on the 1st of the month, to noon on the last day of the month.

[Rathji]

Well if you gave notice for May 31 then you would have to be out on May 31. If you gave notice for June 1 then you would have to be out on June 1.

Since your lease probably ended on May 31, and you probably only paid rent until that time, I am going to say you have no legal right to be there past that day. If your landlord has said you need to be out for sure on May 31, then he probably has someone who is moving in on the first.

If you wait to move he might have the ability to come after you for costs incurred and given that he is a jerk he probably will.

[GreatWhiteEbola]

You can agree with your landlord as to what time you have to leave the rented property on the last day of the tenancy. If you have no agreement, the Act states the tenancy ends at 12:00 noon.
This provision does not apply if the reason for the tenancy ending is because a landlord has served a 24-hour notice to end the tenancy due to the tenant causing damage to the property, or assaulting or threatening to assault the landlord or another tenant.

http://tenant.landlordandtenant.org/...oss_fixed.aspx

[anyonebutedmonton]

Originally Posted by GreatWhiteEbola

You can agree with your landlord as to what time you have to leave the rented property on the last day of the tenancy. If you have no agreement, the Act states the tenancy ends at 12:00 noon.
This provision does not apply if the reason for the tenancy ending is because a landlord has served a 24-hour notice to end the tenancy due to the tenant causing damage to the property, or assaulting or threatening to assault the landlord or another tenant.

http://tenant.landlordandtenant.org/...oss_fixed.aspx

12:00 noon... but what day?

[Regorium]

Originally Posted by GreatWhiteEbola

You can agree with your landlord as to what time you have to leave the rented property on the last day of the tenancy. If you have no agreement, the Act states the tenancy ends at 12:00 noon.
This provision does not apply if the reason for the tenancy ending is because a landlord has served a 24-hour notice to end the tenancy due to the tenant causing damage to the property, or assaulting or threatening to assault the landlord or another tenant.

http://tenant.landlordandtenant.org/...oss_fixed.aspx

He's asking to move out a day after the tenancy ends.

Your agreement probably goes to the 31st, and he has the right to ask you to leave. A lot of landlords will allow you to stay for an extra day to be nice, but if he has another tenant moving in, the agreement is probably going to be signed for June 1st.

[GreatWhiteEbola]

Originally Posted by anyonebutedmonton

12:00 noon... but what day?

Originally Posted by Regorium

He's asking to move out a day after the tenancy ends.

Your agreement probably goes to the 31st, and he has the right to ask you to leave. A lot of landlords will allow you to stay for an extra day to be nice, but if he has another tenant moving in, the agreement is probably going to be signed for June 1st.

OK, only read the bolded sentence...

Read the previous sentence.

12 Noon on the last day of the tenancy, which in this case would be, May 31st.

You HAVE to be out 12 noon May, 31st, 2010. Unless you have made other arrangements with your landlord. This would be in accordance to the landlord tenant act.

This should be taught in High School CALM 30, if they still have that class.

[anyonebutedmonton]

I just don't understand what you are expected to do for the night of May 31. You typically take possesion on the first of the month. So you are just expected to stay in a hotel for the night of May 31? Seems strange...

[Huntingwhale]

Originally Posted by anyonebutedmonton

I just don't understand what you are expected to do for the night of May 31. You typically take possesion on the first of the month. So you are just expected to stay in a hotel for the night of May 31? Seems strange...

As someone who has been in this situation before, l agree. But you have to understand also, often there is someone waiting to move in on that 1st day of the month as well.

[Reaper]

Originally Posted by anyonebutedmonton

I just don't understand what you are expected to do for the night of May 31. You typically take possesion on the first of the month. So you are just expected to stay in a hotel for the night of May 31? Seems strange...

I take it that you haven't rented a lot of places before. It's pretty standard. When I used to rent whenever I was moving out of an apartment I would end up crashing a at friend's place the night that I was in between apartments.

[anyonebutedmonton]

Update: Called my landlord and he has agreed to do the move out on June 1st. Still seems strange that you are technically supposed to be homeless for a night.

Ya this is the first rental situation. The fiance has rented on 4 or 5 occasions but each time the landlord told her that moveout day was first of the month. It was much more casual than this situation though

[Hack&Lube]

Originally Posted by Huntingwhale

As someone who has been in this situation before, l agree. But you have to understand also, often there is someone waiting to move in on that 1st day of the month as well.

Yeah, the landlord typically needs that evening to inspect and clean up the place and do any fixes required for the new tennant moving in the next morning.

[afc wimbledon]

I always just boxed and got everything into the hall or front room, had everything cleaned by the night before, then got moving by 7am on the first of the month, you can have everything out within an hour or two if you get your act together.

Usually the landlords were fine with this, once I did it without the landlord knowing, organization's the key.
Anyway think yourself lucky, in Quebec they all move on one day apparently.

[Reaper]

Originally Posted by anyonebutedmonton

Update: Called my landlord and he has agreed to do the move out on June 1st. Still seems strange that you are technically supposed to be homeless for a night.

Ya this is the first rental situation. The fiance has rented on 4 or 5 occasions but each time the landlord told her that moveout day was first of the month

The difference here is that she has a vagina and guys tend to "be nice" if they think there is an outside chance of that type of occupancy.

[GreatWhiteEbola]

As a landlord, my tenancy agreements specifically state, 12 Noon on the last day of tenancy. Still causes issues almost 90% of the time. Especially with tenants who think they can treat my hard earned investment as a garbage dump.

I have pulled so many all-nighters just to provide a habital space for the new tenants moving in.

[ResAlien]

Burn the place to the ground. It's your only option.

[FireFly]

I have never had an issue with moving in early to places? Weird. Simply because of this issue, the earlier you can get out and into the new place the better... most landlords will give you a day or two in advance to move in if you ask really nicely.

[Eric Vail]

From a landlord's perspective, that 24 hours is definately needed to get the place up to speed for the new tenant. There are always things that aren't cleaned properly, or some window or something that was broken. I have to do the inspection just before noon on the last day, then run around getting all the things I need to fix the place up. Sometimes this means having carpets cleaned or whatever, so when the new tenant moves in, the place is as it should be.

It may be tough on a tenant to find a place to sleep for a night, but it would put the owner of the property in a huge bind to be able to rent the place out for the next month if the tenant was still in it on the first. The cost of one night's accomodation is far less than a month's rent.

[Trojan97]

Sorry for the bump, didn't want to start a new thread for a landlord question.

My roommates and I moved out of our rental house on August 31st and have been having an issue with our landlord returning the security deposit.

No walk-thru was done upon move-in as a time to meet couldn't be reached by all parties and it just never ended up happening (Yes, I now realize how important this is to do). As an act of good faith, we even shampooed the carpets in our house since our landlord had kicked out his previous tenants and it hadn't been done prior to us moving in. Finally, we never received a copy of our lease, warning bells probably should have gone off at this point, perhaps we are just naive. I never knew you are able to withhold rent until a copy of the agreement is provided.

Anyways, we spent three full days cleaning at the end of August (5 of us) and the house was in better condition than when we moved in. Three of us met with our landlord on the morning of the 1st and upon walk-thru of the house he told us that everything looked good minus the dryer which he would have someone in to look at. I asked him if there is anything that can be signed to state that the house is in good repair and had met his expectations of cleanliness to which he replied that it was not necessary and he would bring us our damage deposit this upcoming week.

Later that night, we received a call from our landlord and his father, they claimed that they had found multiple issues with the house and that we would be responsible for them. This includes ridiculous things such as the carpet at the front door being "worn down" relative to the other parts of the room. He claims that the carpet needs to be replaced because of it. It's a bizarre list to say the least.

We've now received phone calls claiming we never shampooed the carpets upon move out and that we never washed the walls, etc. etc. These are all things we did and actually put a significant amount of time into doing. He is essentially claiming we have destroyed the home when infact, we had taken exceptional care of it and left it in tremendous repair.

My question now is whether he has any grounds to come after us for damages despite a lack of walk-thru at move in? Does a lack of walk-thru document absolve us from his claims? We have emailed him officially asking for our full damage deposit within 10 days retroactive to September 1st when the final walk-thru was completed. We have talked to Service Alberta representatives and they seem to be mostly on our side that our landlord is trying to take advantage of us for wear and tear repairs that have accumulated over the years but I'm unsure how to pursue action from here.

Any input would be really appreciated. We're trying to tread carefully in this matter until we have a better idea of how to go about it.

[Diemenz]

Originally Posted by Trojan97

My question now is whether he has any grounds to come after us for damages despite a lack of walk-thru at move in?

Nothing that will hold up in court.

Originally Posted by Trojan97

Does a lack of walk-thru document absolve us from his claims?

No.

Originally Posted by Trojan97

Any input would be really appreciated. We're trying to tread carefully in this matter until we have a better idea of how to go about it.

You have the right to get the full amount of your security deposit back, plus interest, within 10 days of moving out if you have done no damage beyond normal wear and tear, if the premises have been properly cleaned, and if no rent is owing. Otherwise the landlord can keep part or all of your security deposit to cover the costs.

If the damages exceed the security deposit, the landlord can take you to court for the rest of the money owing. If there are deductions for damages the landlord must pay you the balance of the deposit within the 10 days, with a statement of account that lists all the damages and repair costs and cleaning costs.

Alternatively, the landlord may within the 10 days give you an estimate of the deductions to be made and return any money that won't be used. In this case, you must receive a final statement, plus any money owing, within 30 days after your tenancy ended.