Question for landlords/people who know about such things

[JustAnotherGuy]

Dumb question. Why does it matter what the reason is for him ending your rental agreement? Is 3 months not the proper amount of time of notice for a month-to-month lease?

[Coach]

Originally Posted by JustAnotherGuy

Dumb question. Why does it matter what the reason is for him ending your rental agreement? Is 3 months not the proper amount of time of notice for a month-to-month lease?

3 months should be plenty of time. I understand where the OP is coming from, but legally they only have to give you a months notice, and that's if youre on a term lease. Month-to-month 3 months notice is very generous IMO.

[Regular_John]

Sounds like I've got my answer about the basic "can he legally ask us to leave because he's listing it for sale"

To answer some of the other questions

• On a month to month lease the required notice is 3 months. (http://tenant.landlordandtenant.org/...ds.aspx?id=466)
• Yes the landlord is being generous giving more than 3 months notice.
• Love to buy the place, but it's at least $200k above our price range (bungalow with a huge lot in the inner city)

Thanks for the input everyone, at least provided a sounding board.

[Coach]

Originally Posted by jaydorn

Sounds like I've got my answer about the basic "can he legally ask us to leave because he's listing it for sale"


To answer some of the other questions

• On a month to month lease the required notice is 3 months. (http://tenant.landlordandtenant.org/...ds.aspx?id=466)
• Yes the landlord is being generous giving more than 3 months notice.
• Love to buy the place, but it's at least $200k above our price range (bungalow with a huge lot in the inner city)

Thanks for the input everyone, at least provided a sounding board.

Hmm that's interesting. All the pre-made contracts I have printed off for my tenants say I only need to give 30 days, and that's for a year lease. Odd.

[Regular_John]

Originally Posted by MattyC

Hmm that's interesting. All the pre-made contracts I have printed off for my tenants say I only need to give 30 days, and that's for a year lease. Odd.

Yeah the housing laws in this province are confusing the say the least.

[Coach]

Does it differ if youre renting out a room in the house as opposed to the entire house?

[bizaro86]

Originally Posted by MattyC

Does it differ if youre renting out a room in the house as opposed to the entire house?

If you're renting a room in a house that you also live in, then the Residential Tenancy Act doesn't apply, so the rules are way less stringent.

[photon]

Originally Posted by JustAnotherGuy

Dumb question. Why does it matter what the reason is for him ending your rental agreement? Is 3 months not the proper amount of time of notice for a month-to-month lease?

It's the proper amount of time, but a landlord can't give a 3 month notice just because they want to, there's only a few specific reasons they can give and if those reasons haven't actually come into effect yet (i.e. intend to sell vs. actually having sold) then they can't give the 3 month notice.

http://tenant.landlordandtenant.org/...ds.aspx?id=464

[Boblobla]

Originally Posted by jaydorn

As always there's two sides to the story, there has been headaches/issues for him, but nothing that would be a substantial breach (rent is always paid, no property damage, no drugs etc). But I think he's just ready to wash his hands of being a land lord and feel this is the best way out for him.

Anyone else curious about this?

[photon]

I got enough of my own tenant headaches to not be curious.

Then again misery loves company.

Why don't people see not paying rent and/or cutting out early as theft? I was at a tenant's place (their rent cheque bounced, first time) and this guy's girlfriend is crying to me that she has no friends and is breaking up with her boyfriend, moving out and going home. Girl, I'm the landlord, not a therapist. Call the boyfriend, he's going home too, so I guess they're moving out (still don't have actual written notice).

They don't want to pay August's rent despite not having given notice, one tells me to call the other to arrange for the overdue rent, girlfriend cries to me on the phone again, says the boyfriend has access to the bank account, etc etc.

Don't put me in the middle, just get your **** together for one day and work it out and be responsible for what you agreed to. I didn't write the landlord tenant act, I just have to live by it.

And people wonder where landlords that treat people like crap come from.. stupid tenants!

[Regular_John]

Originally Posted by Boblobla

Anyone else curious about this?

Eh not much to share really, he's a new parent and the time & stress of being a parent & a landlord while running his own company took it's toll. Something had to give and it's the rental property.

As I said, rent was always paid, property was cared for and there's been no illegal activities taking place. But when you get a phone call about a plumbing emergency on December 23rd at 10:30pm it takes the fun out of being a landlord.

[4X4]

Originally Posted by jaydorn

Gonna bump this thread rather than start a new one, but I've got a question about a landlord ending tenancy because he indents to sell.

Our landlord has given us 3 months notice (we're a month to month lease) that he indents to list the property for sale(it's a bungalow with the main floor & basement suite as separate rentals).

From what I'm reading it sounds like he can't actually end the tenancy unless the buyer is moving themselves or a relative in, where as it seems like he just wants the place empty so he can sell it without the tenants there.
http://tenant.landlordandtenant.org/...ds.aspx?id=464



As always there's two sides to the story, there has been headaches/issues for him, but nothing that would be a substantial breach (rent is always paid, no property damage, no drugs etc). But I think he's just ready to wash his hands of being a land lord and feel this is the best way out for him.

So any experts on this, can he just say "I'm selling" stick it in the market and give us notice? Or is a buyer actually required? From my understanding if a new person was to purchase the home tomorrow with the intent to rent it out they would simply become our new landlords, no need for us to vacate.

Your sense of entitlement grinds my gears. The owner of the property is the one with all the headaches and you seem to think that he owes you a place to live. He's giving you more than the legally required notice to vacate and you're not happy.

TFB for you, dude. 90 days is all he needs to end periodic tenancy. To answer MattyCs inquiry,

Originally Posted by MattyC

Hmm that's interesting. All the pre-made contracts I have printed off for my tenants say I only need to give 30 days, and that's for a year lease. Odd.

there's a difference between a lease and periodic tenancy. A lease has an end date and the only notice required, by either the landlord or tenant, is 30 days. In periodic tenancy, the tenant is only required to give 30 days, whereas the landlord must give 90 days PLUS a reason.

He gave you that, Jaydorn. It is not his obligation to muddy up the sale of his privately owned property by attempting to either coerce a potential buyer into taking you on as a tenant, or else push the closing date 90 freaking days past the date of an accepted offer to accommodate you. He's already taking the risk of owning the place, and furthermore, giving you advanced notice that he's selling, and therefore risking losing a final few months of tenancy income, assuming that now that you know it's up for sale, you might move sooner rather than later.

Tenants GMG, I tell ya.

[Dan02]

Originally Posted by Lchoy

That's kind of harsh, the guy was just asking for advice
You had a bad personal experience with ejecting renters?

hah i did give advice did I not??

Personally I'm both a landlord and a tenant, and having dealt with the good and ugly side of each it GMG when I see someone whose trying to manipulate the rules when the other guy is trying his best to abide by them.

[Regular_John]

Originally Posted by 4X4

Your sense of entitlement grinds my gears. The owner of the property is the one with all the headaches and you seem to think that he owes you a place to live. He's giving you more than the legally required notice to vacate and you're not happy.

TFB for you, dude. 90 days is all he needs to end periodic tenancy. To answer MattyCs inquiry,



there's a difference between a lease and periodic tenancy. A lease has an end date and the only notice required, by either the landlord or tenant, is 30 days. In periodic tenancy, the tenant is only required to give 30 days, whereas the landlord must give 90 days PLUS a reason.

He gave you that, Jaydorn. It is not his obligation to muddy up the sale of his privately owned property by attempting to either coerce a potential buyer into taking you on as a tenant, or else push the closing date 90 freaking days past the date of an accepted offer to accommodate you. He's already taking the risk of owning the place, and furthermore, giving you advanced notice that he's selling, and therefore risking losing a final few months of tenancy income, assuming that now that you know it's up for sale, you might move sooner rather than later.

Tenants GMG, I tell ya.

Actually the law says 90 days, with a reason. And the reasons are very specific and from what I can tell "listing the property for sale" is not listed as a valid reason.

I get that being a landlord is a thankless job, and I'm sure they get every excuse in the book from tenants "I lost my job, my roommate moved out, my car broke down on the way to see my sick mother in the hospital and now I need money for a bus ticket". I've always paid every dime of my rent on time and never given my landlord the run around on anything. We've been living here for over a year and we've always held up our end of the lease, all I'd expect is the landlord to do the same.

The laws in this province arean't "the landlord can do whatever they like, whenever they like and the tenants be damned"

Sorry to have upset the landlords on here, I'm sure they get tons of BS over the years and it's easy to paint all renters with the same brush and assume their trying to pull a fast one, because I'm sure you've seen it all. But to attack some one just for questioning the laws in specific circumstances seems unfair.

[Boblobla]

So from reading the laws, the landlord could give you 90 days notice the rent will be going up $10,000/mo and that is legal, but asking a tenant to move out in 90 days because they want to sell is not legal?

Pretty ####ed up, imo.

[4X4]

Originally Posted by jaydorn

Actually the law says 90 days, with a reason. And the reasons are very specific and from what I can tell "listing the property for sale" is not listed as a valid reason.

I get that being a landlord is a thankless job, and I'm sure they get every excuse in the book from tenants "I lost my job, my roommate moved out, my car broke down on the way to see my sick mother in the hospital and now I need money for a bus ticket". I've always paid every dime of my rent on time and never given my landlord the run around on anything. We've been living here for over a year and we've always held up our end of the lease, all I'd expect is the landlord to do the same.

The laws in this province arean't "the landlord can do whatever they like, whenever they like and the tenants be damned"

Sorry to have upset the landlords on here, I'm sure they get tons of BS over the years and it's easy to paint all renters with the same brush and assume their trying to pull a fast one, because I'm sure you've seen it all. But to attack some one just for questioning the laws in specific circumstances seems unfair.

Sorry man. I misunderstood what you were asking. I thought you were trying to force your way into staying for 6-8 months.

[4X4]

Originally Posted by Boblobla

So from reading the laws, the landlord could give you 90 days notice the rent will be going up $10,000/mo and that is legal, but asking a tenant to move out in 90 days because they want to sell is not legal?

Pretty ####ed up, imo.

The landlord tenant act is as archaic as unions at grocery stores. I think whoever wrote it had previously dealt with some kind of landlord from hell, because it's so far in the tenant's favour, it's ridiculous.

[Sliver]

Originally Posted by 4X4

Sorry man. I misunderstood what you were asking. I thought you were trying to force your way into staying for 6-8 months.

That's what I thought, too. Isn't that what he is doing?

[photon]

Alberta is great for landlords compared to BC or Ontario from what I've been told by other landlords.

[Regular_John]

Originally Posted by Sliver

That's what I thought, too. Isn't that what he is doing?

Yes I would like to avoid moving in 3 months if I can, because it would be quite frustrating to move out and then see it for rent at a similar price just a few months later. But don't misconstrue that as "come or hell or highwater I ain't moving" because it's certainly not the case.

As I said I know landlords put up with an inhuman amount of BS from deadbeat tenants, it's one area of business/income I'd never want to get into.