Landlord Problems

[lazypucker]

I suppose it is more like "Landloard Headaches"

I am asking for my father. I hope some of the experts here on CP can help - as I was reading about Torture's misfortune on renting.

So my father is a landlord renting out a condo to someone who just signed a 12-month lease in June. Now after repeated official warnings from the management company and the condo board for various violations (excessive noise, littering, unauthorized parking, etc.) over the past couple of months, the condo board requested my father to evict the tenant before Sept 30.

I would like to ask what is the obligation (if any) of the tenant who is just 3 months into a 12-month lease? I suppose there is no way the condo board will reverse the eviction decision. They say that they will bring legal counsel for eviction proceedings if the tenant refuses to leave. What does that mean? Also is it even allowed that the condo board can decide to evict someone without consulting/informing the owner first?

I would think the tenant won't give 2 sh*ts about keeping up with the rent now. What can (or can't) my father do to ensure he can minimize his monetary loss (and headaches)?

[Hockeyguy15]

I have nothing to add, but here is some reading that might give you some more info.

https://www.alberta.ca/rental-evictions.aspx

[getbak]

They shouldn't be requesting that your father do it.

It's up to the Corporation to give the tenant the notice to give up possession. It must be either hand-delivered by the board (or a representative of the board such as a management company) to the tenant or sent by registered mail before the end of the month (since it's the 29th, they'd need to hand-deliver it to ensure the tenant receives it in time).


Check the Alberta Condominium Property Act (Section 54, Notice to Give Up Possession) for more information: http://www.qp.alberta.ca/documents/Acts/c22.pdf


If the tenant refuses to honour the notice and give up possession by the end of the month, the Corporation would then need to file with the court to get an order to give up possession (Section 55 of the Act). The court will then order the tenant to be out of the unit by a certain date. If they still refuse, the corporation can enforce the court order as needed.


As the owner of the unit, your father really shouldn't be involved in the process (other than being given copies of the notice). It's between the corporation and the tenant. The Condo Property Act gives a corporation a lot more power than the Residential Tenancy Act gives to a landlord.


I had to go through the process last year as a board member. The tenant threatened to refuse to leave, but eventually gave in and we didn't have to go through the hassle of getting a court order, but it was annoying.

[Knut]

I think he would likely have grounds to keep the Damage deposit for this though. Probably going to be out a month of rent.

I would have your dad call this number 1-780-496-5959 to explain the situation and get a record of all the issues with the provincial Residential Tenancy Advisory board.

[lazypucker]

Getbak,

First the request is to get the tenant out before Sep 30, a month from now. And from you it sounds like the condo board or the management company is the one to actually deliver the eviction notice to the tenant, not the owner, and my father is just being informed as a courtesy. But from the letter we received from the management company the condo board is making us to tell the tenant to get out.

Again that's why we are puzzled.

[OMG!WTF!]

Yes the condo board can definitely evict your dad's tenant even if he pays on time. I suspect the board is informing your dad of their plans so that he has a chance to do the eviction himself. It will be way more expensive for him if the condo board gets involved. If the tenant is still there on Sept. 30 then the board will hire a lawyer and start filings for eviction which will be more costly than if your dad did it himself, or hired a court agent, or even a lawyer to do it on his behalf. He'll be paying for the condo management company's time, the board's time and an expensive lawyer's time.



The best thing to do would be to talk with the tenant, explain the situation, offer some incentive for him/her to leave on time. If they move out by Sept 15 maybe the get free rent for September, get the DD back, and a gift cert to the keg or something. But dealing with an overholding tenant will be way more costly and miserable.

[Weitz]

Originally Posted by lazypucker

Getbak,

First the request is to get the tenant out before Sep 30, a month from now. And from you it sounds like the condo board or the management company is the one to actually deliver the eviction notice to the tenant, not the owner, and my father is just being informed as a courtesy. But from the letter we received from the management company the condo board is making us to tell the tenant to get out.

Again that's why we are puzzled.

If the condo board won’t take action it’s a really complicated process that will likely take months (without rent being paid I imagine).

As getbak alluded to you need the board involved.

Most boards don't want to do any work so they likely want your dad to spend the time and effort to get them out of there.

[getbak]

Originally Posted by lazypucker

Getbak,

First the request is to get the tenant out before Sep 30, a month from now. And from you it sounds like the condo board or the management company is the one to actually deliver the eviction notice to the tenant, not the owner, and my father is just being informed as a courtesy. But from the letter we received from the management company the condo board is making us to tell the tenant to get out.

Again that's why we are puzzled.

Yeah, that's wrong.

Your father doesn't have the authority to give notice on behalf of the corporation. If your dad gives the notice, then it's going through the Residential Tenancy Act and it's a lot harder to get the tenant out. As long as the tenant has paid their rent and aren't causing any damage to his property, your father has no grounds on which to evict the tenant.

The board should definitely be the ones doing this. If there's a condo management company, they should know that (but there are some bad/clueless condo management companies out there).

Your father should call the management company and clarify that it's their responsibility to issue and deliver the notice to his tenant. It's not his responsibility nor his authority.



At this point, September 30 is the earliest they can tell the tenant to be out but notice has to be given ASAP.

As it says in the Condo Act, "the tenant shall give up possession of the unit ... on the last day of the month immediately following the month in which the notice is served on the tenant." If notice is served by August 31, the tenant will have until September 30 to leave. If notice is served on September 1 or later, the tenant will have until October 31.

[lazypucker]

Just called the management company. They say that we should ask the tenant to leave nicely. If the management company / condo board has to involve (even slipping a piece of paper under the door), there will be a fee (of course...)

So we have already forwarded the letter to the tenant and will follow up tomorrow.

I will keep you guys posted on this unwanted drama...

[Calgary14]

Is it just me or has the overall quality of tenants gone way downhill in the past 2-3 years?

[TheSutterDynasty]

Originally Posted by lazypucker

Just called the management company. They say that we should ask the tenant to leave nicely. If the management company / condo board has to involve (even slipping a piece of paper under the door), there will be a fee (of course...)

So we have already forwarded the letter to the tenant and will follow up tomorrow.

I will keep you guys posted on this unwanted drama...

Why would he pay a fee when it's their decision to evict a tenant? Why would he ask the tenant to leave when it's their decision to evict the tenant?

Sounds like they're trying to shift the workload to your dad. I think Getbak has outlined pretty clearly why your dad shouldn't (and can't) be involved.

[Weitz]

Originally Posted by TheSutterDynasty

Why would he pay a fee when it's their decision to evict a tenant? Why would he ask the tenant to leave when it's their decision to evict the tenant?

Sounds like they're trying to shift the workload to your dad. I think Getbak has outlined pretty clearly why your dad shouldn't (and can't) be involved.

It’s likely in the bylaws. Part of the reason you have to report when and who you are renting to in any decent condo building.

They are likely giving him an out before they do it and charge the cost to the condo owner.

[photon]

So the condo board can evict the tenant even if the rental relationship is between the owner and the tenant?

I've never heard of this, is that because of the bylaws? Or a different part of Alberta law than the Residential Tenancies Act?

[Cecil Terwilliger]

Originally Posted by TheSutterDynasty

Why would he pay a fee when it's their decision to evict a tenant? Why would he ask the tenant to leave when it's their decision to evict the tenant?

Sounds like they're trying to shift the workload to your dad. I think Getbak has outlined pretty clearly why your dad shouldn't (and can't) be involved.

If the tenant is breaking bylaws and that’s why he’s being evicted, his dad may be lucky that there haven’t already been fines levied against the property owner. Not sure if leases specify who is responsible to pay but I wouldn’t count on collecting if they’re as bad a tenant as the board is claiming.

The board charging a fee when they have reasonable grounds to evict seems fair.

I don’t have a ton of expertise in this area so I could be wrong.

[FireGilbert]

Wow it’s tough to be a renter these days. You can maintain a good relationship with the owner while paying your rent on time but still get the boot if someone on the condo board doesn’t like you.

This situation seems really strange though with all sides to blame and many questions. How come the renter didn’t discuss the warnings with the owner to tell their side/clear their name? Why didn’t the board go through official channels giving a warning to the owner so they could provide a warning to the renter? Why isn’t the owner an active member of the board? How did this situation get so messed up between everyone that eviction is the only option after 3 months?

[getbak]

Originally Posted by photon

So the condo board can evict the tenant even if the rental relationship is between the owner and the tenant?

I've never heard of this, is that because of the bylaws? Or a different part of Alberta law than the Residential Tenancies Act?

It's covered by the Condominium Property Act (I linked to it above). It takes precedence over the Residential Tenancies Act. A tenant can be given an order to give up possession for causing damage to the common property or for breaking a bylaw.

If the tenant has caused significant damage or is threatening or intimidating other residents, the corporation can file with the courts for an immediate order to give up possession without the one-month waiting period.

Notice to give up possession

54(1). The corporation may give a tenant renting a unit a notice to give up possession of that unit if any person in possession of the unit

(a) causes damage, other than normal wear and tear, to the real or personal property of the corporation or to the common property, or

(b) contravenes a bylaw.

(2) When the corporation gives a tenant a notice under subsection (1),

(a) the tenant shall give up possession of the unit, and

(b) notwithstanding the Residential Tenancies Act or anything contained in the tenancy agreement between the tenant and the tenant’s landlord, the tenancy agreement terminates, on the last day of the month immediately following the month in which the notice is served on the tenant.

(3) A notice given under subsection (1) shall be served on the tenant and the tenant’s landlord.

Residential Tenancies Act

57. Where a conflict arises between the operation of sections 53 to 56 of this Act and the provisions of the Residential Tenancies Act, sections 53 to 56 of this Act prevail.

I can't speak to this case because I don't know the details, but I can say when we went through the same situation last year, it was not an easy decision and it happened a lot later than it really should have. For us, it was after multiple complaints from multiple residents throughout the building. The tenant had been given multiple warnings and made no effort to correct her behaviour. We got to the point, where we were spending too much time dealing with one problem tenant, so she was given the notice.

I really can't see a board going through this just because someone on the board doesn't like the tenant. If there have been that many warnings issued in only 3 months, I'm sure everyone in the building wants this tenant gone.

[My2Cents]

CP is awesome. So many smart people around contributing in their field to help each other out. I love this place.

[photon]

Originally Posted by getbak

It's covered by the Condominium Property Act (I linked to it above). It takes precedence over the Residential Tenancies Act. A tenant can be given an order to give up possession for causing damage to the common property or for breaking a bylaw.

Huh, thanks for that! I've been fortunate with my condo in that I've only ever had one poor tenant and he left himself.. He wasn't disruptive to other tenants, he just left me with a few thousand dollars worth of cleaning and $800 of pay per view porn charges on Shaw (he was paying me for cable rather than switch it to his name).

I wanted to talk to him not to get the cleaning money, but to ask if he's aware that they have porn on the Internet these days

[Weitz]

I think the Condo board is trying to do the guy a favour, as they have suggested there will be costs in having the condo board do it. But they do have more power.

Hopefully there can be an amicable solution for you OP.

[DownInFlames]

We had to evict a tenant from our building once. He was selling drugs, fighting in the lobby, damaging things, and threatening the building manager. When the TAC team busted down his door it was the final straw. The board had him evicted and we got a court order barring him from the building. The owner of the suite was cooperative but they couldn’t remove him as fast as we could.

I can’t see a board removing a tenant without hard evidence that they’re contravening the bylaws. The tenant would have every right to take them to court.