My dad has a rental property that he just got- and he has some new renters in there who have bounced their first cheque. He gave them another chance, and their damage deposit cheque bounced too.
He's a rookie in renting. And I have only rented, never been a landlord, and we always have paid on time, so I don't know what to advise him.
Can he kick out his renters? How long do they have, if they have bounced two cheques?
Get rid of them NOW! They'll keep promising and promising and you'll forever be the pushover landlord. Post 14 day notice for eviction for non-payment of rent. Don't forget the two clear days (if you write the notice tonight, they have to be out by noon on Wednesday Feb. 10th).
Cross your fingers that they
a) actually leave
b) don't trash the place on the way out
Don't accept sob stories. Don't accept "I'll pay you on the 15th". Don't accept anything other than the rent, paid in full, every single month, on the last day of the month for next month.
Every time I've been lenient, I've been burned. Every single time.
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Did your Dad do a credit check prior to renting to them? Make sure he does that for the next tenants at the very minimum. I always casually interview my prospective tenants as well when they come in to view the suite. Talk to them, see what they're like.
I would insist on the security deposit being paid in cash or with a certified cheque. At least you have something to keep them honest at this point.
I am a landlord and agree with the posters above. Give them 14 days notice immediately. I've played the game and been burned by tenant before. Do you have a stiff penalty in your lease agreement? If they paid their damage deposit, rent, and penalty prior to the 14 days, I may let them stay, because you'd be less likely to see them trash the place if they were willing to go that far. That said, if they are already bouncing cheques, I bet they are scam artists.
Yeah make sure and have a comprehensive application that also gives permission to do a full credit and criminal background check (though I don't really do the 2nd).
NEVER accept a cheque for a security deposit, cash only (or money order and such for local people). Unless I have the money in my hand (and a cheque is not money) they do not get a key. Ever.
Make sure he reads that website BA posted. All of it.
__________________ Uncertainty is an uncomfortable position.
But certainty is an absurd one.
Yeah make sure and have a comprehensive application that also gives permission to do a full credit and criminal background check (though I don't really do the 2nd).
NEVER accept a cheque for a security deposit, cash only (or money order and such for local people). Unless I have the money in my hand (and a cheque is not money) they do not get a key. Ever.
Make sure he reads that website BA posted. All of it.
I actually do pre litigation for this kinda stuff. If you want to PM me i can help you recover the funds.
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POSTER FORMERLY KNOWN AS AJCGY
In the words of Ron Burgandy
"I am going to punch you rite in the baby maker, a shot right to the ovaries"
Did your Dad do a credit check prior to renting to them? Make sure he does that for the next tenants at the very minimum. I always casually interview my prospective tenants as well when they come in to view the suite. Talk to them, see what they're like.
How are you doing these credit checks? Equifax? I presume there's a cost to this - have you been paying for these?
If they haven't paid any rent or deposit, then they aren't really renting... I would tell them they have 24 hours to pay or you're calling the police and charging them for trespassing.
That's what I would do, but I am a b!tch
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I will never be a landlord, I would give them chance after chance but they would not realize every chance I give will be one closer to me boarding up the doors and burning them alive.
Yeah this.
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I remember a friend of mine had to evict some bad tenants. He went to the employment agency, picked two of the biggest guys there and paid them $50 each just to stand behind him. The tenants left without a fuss.
I think it got sorted out that somehow it wasn't their fault- I know you guys advised against giving them a chance, but my dad did anyway. I told him next time don't bother.
No drama resulted, as far as I know...
Hopefully they don't have a dog or anything else not allowed!
Update: another cheque bounced and they did not meet up with my dad to give him cash as promised by them, so he gave 14 day notice for failure to pay rent. They have paid him the damafe deposit, but owe January and February rents in full still.
But now they said they will pay in full up to the date of notice + 14 days, meaning they get to stay, according to the law. My dad still wants them out and can't figure out how to do it legally(they are in a 1 year lease).
Next time they don't pay, I (a non-lawyer) advised him to look into citing substantial breach on their next eviction notice, but as long as they remedy whatever breach he cites, they will be allowed to stay for the duration of the tenancy term. Is it worth him going to court (http://landlord.landlordandtenant.or...ch.aspx?id=838) for getting them out, will it happen, or should he just tell them he doesn't want them out and make life as difficult as possible for them?
ie/ if they don't pay rent on time next month, he will go take their TV, and so on...
If he's not going to be able to get them out, he migth as well eff them up a little bit.
Well you can give them a 14 day eviction notice for failiure to pay rent however would have to obtain a court eviction order for that.
just head down to the court house downtown and the ladies there can help you fill it out. i think it costs $35.00 or $55.00 i dont quite remember.
And on top of that under the landlord and tenancy act you can charge them a lease break charge which can range anywhere from $1 - to months of rent however the average is $750 for a lease break charge.
so in essence you could sue them after evicting them for the following:
all os rent
late fees or nsf fees
lease break charge whatever you determine that to be within reason
utilities if owing?
and the court costs for evicting the tenants.
also if the place isnt cleaned to your satisifaction - you may charge for cleaning and maintenance.
__________________
POSTER FORMERLY KNOWN AS AJCGY
In the words of Ron Burgandy
"I am going to punch you rite in the baby maker, a shot right to the ovaries"
Rent/Renters (updated: Feb. 4th)
That is hilarious!! (And sadly true)
