Rental Question

[wooohooo]

My family owns quite a bit of rental property and never in the 20+ years have we had a problem like this.

Person X about a month ago expressed that she wanted to move out and so we told her we needed a written notice. Well, we talked to her a few times and she said that she would send the notice as long as this months rent in the mail. We waited for weeks and it still had not come and by this time we could not get hold of the tenants. We called utilities to see if they had cancelled them and they had, so we went over to their place and it looked empty and so we posted an eviction notice. The next day, as we believed it was abandoned, entered the premises and everything was gone with the exception of a mattress and some clothes in a garbage bag in a room.

Assuming that this place was abandoned as utilities were canceled and almost everything was gone we sent in a contractor to fix the place up. He ripped out the toilet bowl and brought in tiles and was about the paint the place. Needless to say, the tenant came back and said the place was not abandoned and called the police. At this point the police said we had no options as it had not been the 14 days since the eviction notice was put up and had to leave immediately and tools and materials were left there. Also, some tools the contractor put in there before were stolen.

At this point I'm led to believe my only options are to wait the full 14 days and then take them to court. Is there anything else I can do? How about in terms of renovations?

Thanks in advance

[4X4]

You have to wait the full 14 clear days (so a total of 16 because the day you post and the day they have to leave needs 14 days inbetween them) to do work in there. But I'm pretty sure you can post 24 hour notice to enter the premises and then go grab those tools out.

[ken0042]

Was the rent already past due when you entered the place?

[You Need a Thneed]

If the contractors tools were stolen, you should have a pretty good lead as to who stole them.

But I'm pretty sure you can post 24 hour notice to enter the premises and then go grab those tools out.

This.

[wooohooo]

Originally Posted by ken0042

Was the rent already past due when you entered the place?

Yup, she owed us June rent and we entered about 3 days ago.

[wooohooo]

Originally Posted by You Need a Thneed

If the contractors tools were stolen, you should have a pretty good lead as to who stole them.


This.

There's probably nothing I can do for the other tools stolen though eh?
There's just a lot of concrete, grout stuff, tools, scaffolds that will be a big pain in the butt to do it

[4X4]

What's with this broad? Reduced to a mattress and a garbage bag of clothes? Reminds me of Tommy from Trainspotting.

[Tron_fdc]

Originally Posted by wooohooo

Yup, she owed us June rent and we entered about 3 days ago.

Call a baliff.

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

No notice required, and the baliff can seize any assets on your property in your name, as well as any assets that have been moved. Including vehicles.

[ken0042]

Yeah, the only possible "mistake" was the eviction notice. Prepare her damage deposit report, and stick witht the story as it is told out:

- Tenant told you she was moving. You asked for written notice and she refused; forcing you to defer to her verbal notice.
- June 2nd there was no rent; which is consistant with her moving out.
- June 3rd you called Enmax and they confirmed the tenant had told them she had vacated.

She moved out, now she is the one who has entered illegally. (IMHO.)

[Locke]

Originally Posted by 4X4

What's with this broad? Reduced to a mattress and a garbage bag of clothes? Reminds me of Tommy from Trainspotting.

Hey, we've all been there.

[photon]

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.

[wooohooo]

Originally Posted by photon

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.

Thanks for the advice!

We tried many times to get a hold of her through the phone but couldn't. We went one time to do the renovations and she called the police. Police said they could not do anything and kicked us all out with all the tools and materials in the house so now I'm writing up at 24 hour notice to entry for tomorrow hoping nothing is missing. So while I post the notice and call the lawyers for advice, the only thing now I can do is wait the 14 days?

[photon]

For now yeah I'd wait, but see what F&A says about 48 hours notice to vacate and if that would fly. Or maybe they have another idea, they're pretty "pro-landlord".

What do you think the chances are she'll actually leave after 14 days?