Fun tenancy story!

[Teh_Bandwagoner]

So my tenant signed a one-year lease in April, but then on July 31 lets me know that her work contract was going to expire and was planning to move out-of-province. She also outright just states that she's moving out August 24 to BC. I respond, mentioning to her that she could sub-let, or if she could find a new tenant to assign the lease, I could let her out of it. However if she couldn't find a tenant, she would be responsible for covering the rent for the time the unit was vacant. I also note to her that she should have provided one month's written notice prior to leaving, but I would let it slide if she found a tenant.

She chose to try to find a new tenant. So she posts an ad on Kijiji for a week, finding no luck. I, in turn pay for an ad on Rentfaster on her behalf to help her out. This is part of my obligation. No luck from her for about 10-12 days. I mention that she could option to put up the ad for less rent, and cover the difference. She refuses. A few more days go by, and still no tenant. I tell her I'm willing to drop the rent a little without her covering the costs. She insists that she can rent it out for the same amount just fine. Okay fine. Just trying to help.

August 24 rolls along, still no tenant, and she just moves out. So I took over responsibility of finding tenants. I get someone 2-3 days after to sign a lease for September 1 for the same rent. I let her know, and let her know that I'll be taking a small charge off her damage deposit ($35) for some repairs I had to make to the wall, which she agrees to. I let her know that the lease was starting September 1. As per the act, I can hold the DD for up to 10 days, so September 11, but again being a nice guy, I said I would only hold it until September 5, just to make sure all the utilities clear an no other items come up. She agrees to it.

September 5 rolls around. I'm busy most of the day, so I forget that I noted that I would give her the DD that day. That evening I check my phone, and I have like 6-7 texts from her asking about the DD. The last one, she decides that she wants to play the Tenancy Act game and says that because she vacated the place on August 24, that in fact 12 days had passed and that I owed her the DD.

I had no clue where this came from! I was super accommodating to her this whole time despite her just wanting to nope out of her lease. So I text her back saying, I would return the DD that evening, and to "please refrain from quoting the act. You actually had to provide one month's written notice to me prior to leaving." She then texts me back saying she only quoted the act because I did first?? Yeah, I did, out of due process. She did it to me out of spite from nowhere. Plus she clearly had no idea how the act works and simply gleaned one small clause out of it to threaten me.

But me, being a man of my word, still felt obligated to return her DD to her that evening, despite her b***chiness. But decided to charge her $30 bucks for the ad I put into Rentfaster out of minor spite. Despite me explaining the charge and sending her the receipt, she still wanted the $30 bucks back.

At that point, I wrote a strongly worded e-mail to her letting her know everything she did wrong when she broke lease and that she was not getting bloody $30 back, which she technically owed me. She then responded with some crap jibber jabber that I ignored after. I don't care at this point. If she wants $30, she can go ahead and make a claim through RTDRS and see how that works out for her.

Anyway, just felt like ranting. Try to be a proper nice landlord and tenants still treat you like scum.

TL;DR - Tenant suddenly went bat poop crazy over her DD when she broke lease early even though I returned it to her.

[RougeUnderoos]

I thought it was a given that if you bail out on a lease you forfeit your damage deposit. No?

Can you actually force the tenant to pay the rent while it's empty?

[blueski]

I think letting her sublet would have been risky. Imagine her lighting up Airbnb or finding someone with five dogs and three cats. That's great you are clear of all this, it could have been a lot more work!

[Thor]

People are scum, expect the worst when it comes to them and you'll do fine

[taco.vidal]

Originally Posted by Teh_Bandwagoner

So my tenant signed a one-year lease in April, but then on July 31 lets me know that her work contract was going to expire and was planning to move out-of-province. She also outright just states that she's moving out August 24 to BC. I respond, mentioning to her that she could sub-let, or if she could find a new tenant to assign the lease, I could let her out of it. However if she couldn't find a tenant, she would be responsible for covering the rent for the time the unit was vacant. I also note to her that she should have provided one month's written notice prior to leaving, but I would let it slide if she found a tenant.

She chose to try to find a new tenant. So she posts an ad on Kijiji for a week, finding no luck. I, in turn pay for an ad on Rentfaster on her behalf to help her out. This is part of my obligation. No luck from her for about 10-12 days. I mention that she could option to put up the ad for less rent, and cover the difference. She refuses. A few more days go by, and still no tenant. I tell her I'm willing to drop the rent a little without her covering the costs. She insists that she can rent it out for the same amount just fine. Okay fine. Just trying to help.

August 24 rolls along, still no tenant, and she just moves out. So I took over responsibility of finding tenants. I get someone 2-3 days after to sign a lease for September 1 for the same rent. I let her know, and let her know that I'll be taking a small charge off her damage deposit ($35) for some repairs I had to make to the wall, which she agrees to. I let her know that the lease was starting September 1. As per the act, I can hold the DD for up to 10 days, so September 11, but again being a nice guy, I said I would only hold it until September 5, just to make sure all the utilities clear an no other items come up. She agrees to it.

September 5 rolls around. I'm busy most of the day, so I forget that I noted that I would give her the DD that day. That evening I check my phone, and I have like 6-7 texts from her asking about the DD. The last one, she decides that she wants to play the Tenancy Act game and says that because she vacated the place on August 24, that in fact 12 days had passed and that I owed her the DD.

I had no clue where this came from! I was super accommodating to her this whole time despite her just wanting to nope out of her lease. So I text her back saying, I would return the DD that evening, and to "please refrain from quoting the act. You actually had to provide one month's written notice to me prior to leaving." She then texts me back saying she only quoted the act because I did first?? Yeah, I did, out of due process. She did it to me out of spite from nowhere. Plus she clearly had no idea how the act works and simply gleaned one small clause out of it to threaten me.

But me, being a man of my word, still felt obligated to return her DD to her that evening, despite her b***chiness. But decided to charge her $30 bucks for the ad I put into Rentfaster out of minor spite. Despite me explaining the charge and sending her the receipt, she still wanted the $30 bucks back.

At that point, I wrote a strongly worded e-mail to her letting her know everything she did wrong when she broke lease and that she was not getting bloody $30 back, which she technically owed me. She then responded with some crap jibber jabber that I ignored after. I don't care at this point. If she wants $30, she can go ahead and make a claim through RTDRS and see how that works out for her.

Anyway, just felt like ranting. Try to be a proper nice landlord and tenants still treat you like scum.

TL;DR - Tenant suddenly went bat poop crazy over her DD when she broke lease early even though I returned it to her.

You must be new to the landlord game. Consider yourself lucky that this is the worst youve encountered.

Vacancy rates are going to pickup as unemployment continues to rise in the Calgary region. Its going to become a renters market. The days of people lining up for rental showings aren't going to be here for the next little while. Landlords have been doing well over the recent past and have been able to be very picky with tenants. Its going to be a tougher stretch over the next little while.

[calf]

Originally Posted by RougeUnderoos

I thought it was a given that if you bail out on a lease you forfeit your damage deposit. No?

Can you actually force the tenant to pay the rent while it's empty?

They are responsible for the rent for the entire lease term, 30 days notice or not. But the landlord has to put in reasonable effort to rent out the place, and once one is found and paying rent, the original tenant is then off the hook.

[Finger Cookin]

Sounds like you really went above and beyond any expectations a tenant should have. Can't blame you for needing to vent.

[Minnie]

I have a good friend that used to work for the RTDRS, and still offers her services in that regard, on a voluntary basis. She knows it inside & out and if you'd like, I can ask her if you could contact her to ensure you're gold in terms of everything that's happened. Based on the responses I've seen from her on this topic, you seem like you're fine but again, if you'd like, I can speak with her & see if I can give you her info to contact her.

[darklord700]

It will be very hard to go after her for lost rent if she moves to BC because you need her address to serve her the claim. All in all, I think this is a good ending to the story.

[cam_wmh]

Originally Posted by darklord700

It will be very hard to go after her for lost rent if she moves to BC because you need her address to serve her the claim. All in all, I think this is a good ending to the story.

"Hey, I have a lot of your old mail, where should I forward it to?"

[Teh_Bandwagoner]

Originally Posted by taco.vidal

You must be new to the landlord game. Consider yourself lucky that this is the worst youve encountered.

Vacancy rates are going to pickup as unemployment continues to rise in the Calgary region. Its going to become a renters market. The days of people lining up for rental showings aren't going to be here for the next little while. Landlords have been doing well over the recent past and have been able to be very picky with tenants. Its going to be a tougher stretch over the next little while.

No I've been at this for a while. I've had to evict people before for not paying rent and damaging stuff. But this incident grated me more than others. I think it's because with the others, I believe they knew they were in the wrong when breaking lease. But this lady believes she was in the right, and broke lease without blinking an eye. It's like the contract meant nothing when she signed for a year. Plus the ignorance. Most people so far just kinda walk away after. She tried to use the act against me, even though she clearly didn't read like 90% of the act. It was just too much stupid for me.

In her final email to me she said something along the lines of me needing to know the act better, but then asks what is considered proper written notice? Ugh...

[Teh_Bandwagoner]

Originally Posted by Minnie

I have a good friend that used to work for the RTDRS, and still offers her services in that regard, on a voluntary basis. She knows it inside & out and if you'd like, I can ask her if you could contact her to ensure you're gold in terms of everything that's happened. Based on the responses I've seen from her on this topic, you seem like you're fine but again, if you'd like, I can speak with her & see if I can give you her info to contact her.

I don't think this lady will ultimately come back at me. And if she does, I believe I'm fine as well. Thanks though!

[I-Hate-Hulse]

The worst tenants we've every had in 10 years of being a landlord have all come via the tenant finding someone for us (it's a 2 bed so typically one half leaves).

We have strict criteria for renting, and it all goes to hell when the tenant finds "a friend" to move in. The Cowboys bouncer with brain damage and the slob guitar salesman who used the ground floor window for 4 months after losing his keys are testimony to take a scorched earth approach to finding new tenants.

[CorsiHockeyLeague]

Well that was pretty tame. I was expecting a horror story. That all went really smoothly compared to a lot of crap I've heard.

[Dion]

Originally Posted by Teh_Bandwagoner

At that point, I wrote a strongly worded e-mail to her letting her know everything she did wrong when she broke lease and that she was not getting bloody $30 back, which she technically owed me. She then responded with some crap jibber jabber that I ignored after. I don't care at this point. If she wants $30, she can go ahead and make a claim through RTDRS and see how that works out for her.

Give her the $30 in Monopoly money.

[FireGilbert]

You are nicer than my former landlord. We had to leave a 12 month lease after 6 and were charged a break lease fee of one weeks rent plus GST and a $99 advertising fee.

Thankfully it didn't take too long to find a new tenant so we were only on the hook for 3 weeks additional rent after leaving. We also got most of the damage deposit back but were unfortunately docked a couple hundred dollars for yard maintenance since we had moved cities and could not look after the lawn and gardens in the three weeks without a tenant.

[fulham]

The personal financial risk involved in being a landlord is massive, compared to the risk incurred by a renter. Glad you made it out ok.

[Teh_Bandwagoner]

Originally Posted by FireGilbert

You are nicer than my former landlord. We had to leave a 12 month lease after 6 and were charged a break lease fee of one weeks rent plus GST and a $99 advertising fee.

Thankfully it didn't take too long to find a new tenant so we were only on the hook for 3 weeks additional rent after leaving. We also got most of the damage deposit back but were unfortunately docked a couple hundred dollars for yard maintenance since we had moved cities and could not look after the lawn and gardens in the three weeks without a tenant.

Are break lease fees even enforceable? I don't think I've ever seen a clause for that written in a lease, and even if it were, I don't recall seeing anything in the Act that would actually permit one.

[Cflames_12.5]

My previous tenant took me for 4 months rent. It was next to impossible to evict him. I had to go down town to get a court approved eviction notice. He never showed up to the court hearing so the eviction was processed. What a nightmare my whole process was. I still pay the mortgage on the rental house plus the house I live in. Having to carry 4 months of double mortgage was killer. When I finally got back into my house it was trashed. The guy hadn't paid his utilities for months he was chopping wood in the basement to heat the house with the fireplace. The walls and the carpets were trashed. He left all his garbage stuff that was worthless. The neighbours told me stories of how he would run a extension cord out the kitchen window to run the fridge on the weeks he had his son. In the beginning he was awesome always paid on time but the last year he was never on time and impossible to find. And I will never get that money back because 4 week after the eviction his nine year old son found overdosed with a needle in his arm.

[CroFlames]

I knew a guy who rented to a legitimate hoarder. The pictures were horrifying.