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Old 07-07-2011, 09:30 AM   #41
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Also, I might get berated by some females, but any women who lets her kids go live with dad and is planning on not getting them back, has some serious issues. My wife would suck a thousand blistery AIDS ridden penii to get her kids back if need be.

Kids are at the age that they get to choose who they live with. She thinks they might choose dad in BC over Calgary
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Old 07-07-2011, 09:35 AM   #42
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Run. Fast. Don't rent to these people.
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Old 07-07-2011, 09:37 AM   #43
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How does a month to month lease work can I kick them out at month end if I am not happy? That way I can just do a monthly inspection
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Old 07-07-2011, 09:39 AM   #44
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How does a month to month lease work can I kick them out at month end if I am not happy? That way I can just do a monthly inspection
Why are you considering such an arrangement? Seems like an awful lot of work on your part, when there are plenty of decent tenants out there that would be a lot less hassle.
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Old 07-07-2011, 09:41 AM   #45
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All ready out julys mortgage since my sister is an idiot can't afford to eat another month of mortgage not getting paid
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Old 07-07-2011, 09:47 AM   #46
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How does a month to month lease work can I kick them out at month end if I am not happy? That way I can just do a monthly inspection
you really have no idea how tenancy works and how long they can legally drag their heels and make it a complete nightmare for you.
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Old 07-07-2011, 09:52 AM   #47
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I do with regular leases I don't with month to month that is why I asked how do month to month leases work
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Old 07-07-2011, 09:55 AM   #48
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My suggestion, ditch the sponging relative, eat the months mortgage payment, even if you have to borrow from a HELOC to do so. Wait for real tenants to come along, not weirdos who apparently have decent jobs but want to sublet the majority of your home.
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Old 07-07-2011, 09:55 AM   #49
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I do with regular leases I don't with month to month that is why I asked how do month to month leases work
Baring a major breach (property damage, violence etc) it's 3 months to evict some one on a month to month lease. And I believe it must be served the day of or one day before rent is due.
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Old 07-07-2011, 09:59 AM   #50
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looks like you can't stop subletting unless you have a good reason. Also need to give 3 months to kick out a month to month leaser

Terminating a Tenancy (Lease): Notice and Timing
No notice is required to end a fixed term lease. A fixed term lease ends automatically at the end of the term. Notice to end a tenancy by a landlord must be signed and include the address of the premises, the date the tenancy ends, and the reason for ending the tenancy. The amount of the notice required is:
  • Weekly: 1 full week
  • Monthly: 3 full tenancy months
If a tenant is ending a monthly periodic tenancy, the tenant must give one month's notice before the end of the tenancy month. All notices must be in writing.
For mobile home sites landlords must give the following notices:
  • Monthly tenancies: 6 full months;
  • For a change in land use, such as a site sold as condominium or cooperative: 365 full day is required.
The tenant must give 2 full month's notice to end a monthly periodic tenancy.
Assignments and Sublets
Landlords must respond to a tenant in writing and give permission within 14 days of tenant's request to sublet or assign their premises. Landlords cannot refuse a sublet or assignment without reasonable grounds.
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Old 07-07-2011, 10:01 AM   #51
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$50 says someone forwarded them this link via Kijiji and they've now seen everything you've said about them. Good on you for posting someone's employment offer on a public forum.

This thread will surely end as one for the ages
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Old 07-07-2011, 10:04 AM   #52
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http://www.slsedmonton.com/civil/lan...aw/#subletting
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Old 07-07-2011, 10:09 AM   #53
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Employment offer taken down as they haven't really done anything wrong as of yet.

So looks like in the case of them living in the house I can legally not allow subletting but if they are not in the house then you have to have valid reasons on why they can't sublet to someone

Last edited by fundmark19; 07-07-2011 at 10:12 AM.
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Old 07-07-2011, 10:23 AM   #54
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How does a month to month lease work can I kick them out at month end if I am not happy? That way I can just do a monthly inspection
If you don't know this, or haven't read the landlord tenant act and know where to look to find out, you really shouldn't be a landlord.

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Baring a major breach (property damage, violence etc) it's 3 months to evict some one on a month to month lease. And I believe it must be served the day of or one day before rent is due.
Even with 3 months, there's only specific reasons you can give that 3 month notice and "I don't like them" isn't one of them.

To evict with 3 months notice it can only be because family is moving into the property, or you've sold the property and the buyer is moving in or has requested the tenancy be terminated, or a condo conversion (there's a few others as well).

And in some cases (like eviction for major renovations), 1 year notice must be given.

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looks like you can't stop subletting unless you have a good reason.
Which is why you don't rent to people who cannot pay the full rent themselves. And the sub-tenant would still have to pass all the same qualifications as the tenant; references, employment, credit checks. If they don't, then that's a reasonable reason to deny that specific person as a sub-tenant.

And a letter of employment isn't very good IMO, I would much rather see a stable job. Also call the person who gave the letter of employment to confirm it. Better yet, call the front desk of the company and ask for the person, people will give fake references for employment; just get their buddy to answer the phone as "William from Suncor" when you call.

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Also need to give 3 months to kick out a month to month leaser
No, the notice term has to be 3 months. You also have to give a legal reason to end a periodic tenancy, and them being dirty or you don't like them isn't a good reason, I detailed the reasons you can end the periodic tenancy above.
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Old 07-07-2011, 10:46 AM   #55
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My sister owns the house with me. She can just move back into it as the 3 month rule as you stated earlier so I am easily covered with that one.

As I said before I will be calling the company to make sure he is an employee there this afternoon first by the phone number that was given for HR in the letter and by calling their calgary head office
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Old 07-07-2011, 10:59 AM   #56
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My sister owns the house with me. She can just move back into it as the 3 month rule as you stated earlier so I am easily covered with that one.
After reading some of the other landlord threads here on CP; it seems to me that getting somebody out isn't always a matter of asking them to leave; and them leaving. What if you tell them that as of November 1st they need to be out; and they are still there November 2nd?

I know what you are going to answer; charge them with trespassing. So you call the police, and the tenant shows the officers that she has a claim before the landlord/tenant court that your eviction is not legal.

All sorts of things can go wrong; and you are being given warning signs.
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Old 07-07-2011, 11:09 AM   #57
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Exactly. Plus "she can just move back" might work in theory, but in court if the court decided that you were doing that just to get rid of a tenant you didn't like, they might not look favorably on that, and courts are very much skewed towards tenants.

There's a much easier solution, just always work with fixed term tenancies. Start a new tenant on a 3 month one where the tenancy ends at the end. After 2 months review and see if you want to keep them and if they want to stay, and sign a longer one (or go month to month or whatever). If they've proven themselves to be bad tenants, then they have to be out after the 3 months as per the agreement.

Of course they still might not leave, but at least that kind of setup has no feel of shenanigans.

Getting good tenants is worth far more than one month's lost rent, since bad ones can cost you far more.
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Old 07-07-2011, 11:50 AM   #58
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Good news CP land We got ourselves some legit Fraudsters!!!! What shall we do with them?
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Old 07-07-2011, 11:55 AM   #59
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Good news CP land We got ourselves some legit Fraudsters!!!! What shall we do with them?
So I take it that the company had no record of said person ever working there?

If that's the case, and if I were you I would post their whole schtick, offer letter and all on Kijiji to let all other landlords know about them.

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Old 07-07-2011, 11:56 AM   #60
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Yup warehouse manager was a nice guy named Rob and he does not intend to leave his job anytime soon. The number on employment letter also goes to a phone that just rings then says eastside link not very HR like for a Big internation Oil company and leave a message. I am posting Job offer again to prevent others from falling for scam.

*** She just called and left a voice message saying I just saw you posted your house add again do we still have the house***

Last edited by fundmark19; 07-07-2011 at 12:01 PM.
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