Question for landlords/people who know about such things

[Save Us Sutter]

So, I currently live with 3 other friends in a house that we rent. Two of these guys are brothers and these two still haven't paid May's rent, are months behind on their bills (which are in my name) and basically are total fata-heads to deal with on a day to day basis.

They have spoken with our landlord and he is "ok" with them paying their rent late. He's a real laid back guy and is only renting us this house to keep it occupied until his daughter moves in in a couple years.

Now, myself and my other roommate are fed up with them not paying their bills and also disagree with their choice to be drunk arseholes all the time. Basically, we want them out of our house.

Oh, one important fact, they are not on the lease. My "good roommate" and I signed the lease last September but these guys didn't move in until a month later so their names aren't on there.

Can we kick them out? If so, do we have to give them notice? Do we have to get our landlord on board? We really don't want to bother him with stupid drama as he has been a good guy to us and me and my good roommate would like to stay here another year or so.

Am I stuck living with these dinks all summer until the lease expires? Please tell me there's something I can do. I love this place and don't particularly want to leave. I'd rather just pay the extra $$.

Thanks in advance guys!

[Pinner]

Get the rent for May if you need to, then throw their #### (stuff) out on the lawn.

[Save Us Sutter]

That's what I am hoping on doing. They are going away for the long weekend and if they haven't paid me and our landlord I was going to change the locks and throw their stuff in the garage for them to come get.

But I wanted to make sure I can legally do that, first.

[Pinner]

Why not ? What right do they have, they don't even have a receipt for May. Obviously you're not afraid of them so...what are they gonna do about it ?

[Save Us Sutter]

Haha, no, certainly not afraid of them.

I guess I was worried they could get my landlord or the tenancy board to let them back in.

[Mr.Coffee]

Looking forward to the resolution of this on a future Judge Judy episode.

[Teh_Bandwagoner]

TECHNICALLY speaking, they shouldn't even be there in the first place. If their name is not on the lease, the landlord shouldn't have permitted them to move in in the first place. A bit of an oversight on his part. But I think that means you have every right to kick their asses out of the door. But it also means you're on the hook for their late payments if they don't pay you the rent, since you don't have a subletting agreement with them.

[Daradon]

Yeah, between not being on the lease, AND not paying, it doesn't sound like they have any rights at all.

But you will have to pick up the slack on the bills and rent, though it seems you are already doing that.

[Save Us Sutter]

Yeah, I have no issue paying off their debts if that means I`m rid of them. To me it`s money well spent. The worst part for me is that these guys were good friends of mine that I had lived with previously without issue a few years ago.

Thanks everyone for your help.

[Mr.Coffee]

Have you talked to them about the fact you're thinking about tossing their stuff on the lawn?

[BlackArcher101]

Originally Posted by Daradon

Yeah, between not being on the lease, AND not paying, it doesn't sound like they have any rights at all.

Any tenant has rights.

Are we talking legal ways or just ways to get them out in this thread?

[T@T]

Originally Posted by Save Us Sutter

Haha, no, certainly not afraid of them.

I guess I was worried they could get my landlord or the tenancy board to let them back in.

One never knows what kind of crap they'll do though if you just kick them to the curb.who needs suspicious flat tires..etc. Personally I would sit them down and tell them they have to the end of the month to pay all back rent and bills or there out on June 1st as you need to replace them with someone who pays..

I think your extremely fortunate to have a landlord carrying their ass, I would say 99.9% of the time the signer of the lease is responsible for rent.

[photon]

Originally Posted by Save Us Sutter

Oh, one important fact, they are not on the lease. My "good roommate" and I signed the lease last September but these guys didn't move in until a month later so their names aren't on there.

Tenant rights are in the Residential Tenancies Act, tenants have rights and obligations that can't be removed.

So the question is are the bad roommates tenants?

It would depend on the actual lease terms, some agreements say all tenants must be signed in the agreement, other agreements may allow roommates to live there to a maximum # without explicit permission from the landlord, others may say that roommates are allowed but notice must be given to the landlord.

If the agreement allows them to live there, then they're tenants.

If there's no actual signed agreement (or if the agreement doesn't say anything about it), if the bad roommates are giving rent directly to the landlord then that would seem to be treating them as tenants, so I would say they're probably tenants in this case, but you can call Service Alberta to get their take on it, I think there's a number they have now for info on RTA questions.

Originally Posted by Save Us Sutter

Can we kick them out? If so, do we have to give them notice? Do we have to get our landlord on board? We really don't want to bother him with stupid drama as he has been a good guy to us and me and my good roommate would like to stay here another year or so.

I'm pretty sure any kind of action would have to come from the landlord. If they are not classified as tenants, then he can issue a Notice to Vacate which gives them 14 days. If they still don't leave then the landlord can apply to the court for an order that the people leave.

If they are classified as tenants then the standard non-payment of rent can apply, eviction for non-payment of rent. Of course if they pay their rent then the eviction notice is lifted.

Originally Posted by Save Us Sutter

Am I stuck living with these dinks all summer until the lease expires? Please tell me there's something I can do. I love this place and don't particularly want to leave. I'd rather just pay the extra $$.

Thanks in advance guys!

How long have you been there? If it's more than a year and there's been no rental increase (and you trust your landlord), get your landlord to give you guys a notice of rental increase which triples the rent or something (but it's not real, you'll pay triple but the landlord will give back the overage).

Or just tell them you need the extra space for something and tell them you'll forgive their outstanding balance or something; make it worth their while to leave.

[BlackArcher101]

Photon, I've read the same thing. AFAIK, as there is no agreement for a sublease between the tenant and subtenants, and the landlord receives the money directly, then the landlord must evict them after giving proper notice.

[photon]

Originally Posted by BlackArcher101

Any tenant has rights.

Yup, so it's just a matter of if they are tenants, and that depends on the actual signed rental agreement.

Originally Posted by T@T

Personally I would sit them down and tell them they have to the end of the month to pay all back rent and bills or there out on June 1st as you need to replace them with someone who pays..

Unless there's some other kind of signed agreement, the legal relationship is between the bad roommates and the landlord. But it'd still be worth a shot, make it sound all legal

Originally Posted by T@T

I think your extremely fortunate to have a landlord carrying their ass, I would say 99.9% of the time the signer of the lease is responsible for rent.

Always, I don't let adults live in my places unless they ALL sign the agreement, and each person who signs is 100% responsible.

[photon]

Originally Posted by BlackArcher101

Photon, I've read the same thing. AFAIK, as there is no agreement for a sublease between the tenant and subtenants, and the landlord receives the money directly, then the landlord must evict them after giving proper notice.

Yup, either for non-payment of rent if they are tenants, or in the case that they weren't tenants then because they aren't allowed to be there.

[Save Us Sutter]

Thanks photon, that was exactly the kind of info I was hoping for.

We've been here since September, so not a year yet. They have been directly paying the landlord and he has met them, they just aren't on the lease. Judging by what you are saying, it would seem to me that I have to treat them as tenants.

So, that means I have to get my landlord to kick them out? But he can't do that unless they are not paying their rent? They are 16 days late as of today, but I would imagine they would come up with the money if they knew they would get booted if they didn't.

And for those asking, I have sat down and talked with them about this. They always have excuses and make promises that they don't keep. Like I said, they are (were) friends and I wouldn't be considering kicking them out if I hadn't already tried other things.

[SHOGUN]

Being roommates my good friends is probably one of the worst decisions I had made....

[photon]

Originally Posted by Save Us Sutter

We've been here since September, so not a year yet. They have been directly paying the landlord and he has met them, they just aren't on the lease. Judging by what you are saying, it would seem to me that I have to treat them as tenants.

Seems that way to me to, barring anything in the rental agreement that says otherwise.

But give service Alberta a call (not sure of a number tho) and see if they have a different take.

Originally Posted by Save Us Sutter

So, that means I have to get my landlord to kick them out? But he can't do that unless they are not paying their rent? They are 16 days late as of today, but I would imagine they would come up with the money if they knew they would get booted if they didn't.

Yeah, the landlord would have to be involved, and as you say if they pay then they can stay. Getting rid of tenants can actually be quite difficult.

[Save Us Sutter]

Thanks again photon. I had a feeling that this would be the case, which is why I didn't throw their crap on the lawn last weekend.

Looks like I have to set up a meeting with the landlord and see what we can work out.