Landlord/Tenant Question

[lazypucker]

How much is the increase anyways? If it is like only $50 a month, then I would just pay it. Call it a cost inflation, which is pretty true because of condo insurance, condo fee increases, etc. You are there mtm anyways, and will bolt within a few months, right?

It will be a giant hassle to you if you move to another temporary place or go to the rental board to argue your case (in which they probably won't listen to your complaint) just for spike...

[curves2000]

Originally Posted by I_H8_Crawford

Hoping CP can help me out.

TLDR: Wife and I are up for lease renewal. Reached out to LL a month ago saying we would like to continue on month-to-month basis as we are looking for a place to purchase. LL sat on it for a month and has now come back saying rent increase.

I understand why they want the increase, but my question is do we have any rights seeing as how they sat on this until we have ~2 weeks before the expiration of our lease to do it? It effectively kills any chance for us to either negotiate or look for alternative accommodations.

Probably not the right place to post but I have a fairly large 1 bedroom apartment for rent in Kensington for March 1st. I am not sure about your current needs be send me a PM if need be!

Either way, good luck. Some landlords can just be strange and don't think sometimes, probably one of the reasons some of them have high vacancy even when the market may not warrant it. A rent increase during Covid for a small month to month extension seems strange. If this was considered a month to month with the expectation of a longer term flexibility needed, perhaps a different story. Looking for a house and the potential of moving out in say 2 months? What's the point? Going to taxes probably anyway and the spring/summer is a better time for most people to move and things should improve with Covid.

Either way, good luck and PM if at all interested!

[blankall]

Isn't the rental market crap? Why is this guy risking losing a good tenant with a rent increase now?

[jwslam]

Originally Posted by blankall

Isn't the rental market crap? Why is this guy risking losing a good tenant with a rent increase now?

We posted a rental up in early Jan for Feb1
Lots of tire kickers like 80+
Around 12 showings + 4 no shows
Only 2 came through with actual pay stubs / employment info etc.

On another note: no shows are #####ing bull####. People have zero accountability.
Pre covid, it would be easy to set up a time for "open house" style where anyone can drop in, now I'm scheduling a window for you and you don't give a damn about my time.

[Weitz]

Originally Posted by blankall

Isn't the rental market crap? Why is this guy risking losing a good tenant with a rent increase now?

Fully depends on the unit.

[Flamenspiel]

Originally Posted by blankall

Isn't the rental market crap? Why is this guy risking losing a good tenant with a rent increase now?

The tenant said he was looking around to buy a new place, time to find a new tenant or compensate for the added risk. Basically Landlord 101.

[CroFlames]

Thread bump.

My parents have a rental property and the rental agreement they had with the renters expired a while ago (I’m not totally sure how long ago, but I think over a year ago).

They are at an age where they can’t handle the stress of a property anymore and want to sell it now and hopefully capitalize a little on this mini boom.

Question: is 30 days notice enough to end the tenancy given the contract expired a long time ago?

[TopChed]

Originally Posted by CroFlames

Thread bump.

My parents have a rental property and the rental agreement they had with the renters expired a while ago (I’m not totally sure how long ago, but I think over a year ago).

They are at an age where they can’t handle the stress of a property anymore and want to sell it now and hopefully capitalize a little on this mini boom.

Question: is 30 days notice enough to end the tenancy given the contract expired a long time ago?

They are now likely in a month to month lease. From the RTA handbook:

Implied Periodic Tenancy
The RTA states an implied periodic tenancy is a combination of a fixed term tenancy and a periodic tenancy.
If the tenant stays in the premises after the end of the fixed term period with the implied consent of thevlandlord, the tenancy continues as a periodic tenancy. If the fixed term was for one month or more, the periodic tenancy becomes a monthly tenancy. If the fixed term was for less than one month, the periodic tenancy becomes a weekly tenancy.
The rules of periodic tenancies then apply to this tenancy. If the tenant or the landlord wants to terminate the agreement, they will have to give the proper notice.

A landlord is required to give 3 full months notice to end the month to month agreement.

[bizaro86]

Originally Posted by CroFlames

Thread bump.

My parents have a rental property and the rental agreement they had with the renters expired a while ago (I’m not totally sure how long ago, but I think over a year ago).

They are at an age where they can’t handle the stress of a property anymore and want to sell it now and hopefully capitalize a little on this mini boom.

Question: is 30 days notice enough to end the tenancy given the contract expired a long time ago?

3 clear months. So if they gave notice now the tenants could stay for May, June and July. Put July 31st on the notice, and offer to let them move out earlier if they find something sooner.

[jwslam]

You can also list it for sale as currently rented.

The buyer can:
1) Continue renting to your tenant, taking over your role as landlord upon purchase date.
2) Accept the 90+ day possession date for when your tenancy ends
3) Negotiate to pay costs associated with breaking lease

(all of this assumes you currently have reasonable tenants that are OK to be involved in this process and can work with you for showings)

I had this exact experience where the seller wanted 120day possession and we negotiated to shorten that with me taking over as landlord.

[photon]

Could also check with the tenants to see if they're interested in buying it.

[cam_wmh]

Question;

If a tenant breaks a lease, but finds a new leasee to replace them for the same terms, can a rental management company invoke other “termination/administration” fees ? (Alberta).

ie; could they sue for the damages, of the costs for finding and qualifying the new tenant? Even if the additional termination terms are in the lease, would they hold up?

[Fighting Banana Slug]

Not sure I totally follow the question, but if the lease provides for termination/administration fees in the scenario where a tenant breaks the lease, why wouldn't it hold up? (Sure, if it was $5k or something, but assuming it is more like $150.)

The landlord does need to mitigate the damages, but in this context, I think there is a reasonable case that there is some cost to the landlord to change out the tenant which that fee intends to cover. Now if your scenario is that they charge that fee and are seeking further damages, then they would need to prove those damages. I think that would be tough if all the other terms are the same.

[bizaro86]

Originally Posted by cam_wmh

Question;

If a tenant breaks a lease, but finds a new leasee to replace them for the same terms, can a rental management company invoke other “termination/administration” fees ? (Alberta).

ie; could they sue for the damages, of the costs for finding and qualifying the new tenant? Even if the additional termination terms are in the lease, would they hold up?

I'm pretty sure Alberta leases allow for liquidated damages. So if there's a flat fee mentioned they can charge that, but probably not also charge you for their time in finding a new tenant.