Discussions

This question is more for landlords but I would like to have tenants experiences too.what are cons and pro's of having month to month rental agreement?  
also can you ask tenant move out by one month notice if they are on month to month agreement or/ and if they are not very good in paying rent on time?  
 
Edited by Deb1, 2015-12-05 12:02:55

Landlords need rent on time and NO DAMAGE.  
Tenants need quiet enjoyment and reliable services,  
not to mention a roof that doesn't leak  
and appropriate heat with hot water too.  
 
What could be more clear.  
Do you actually expect all of that with no rent paid?  
 
Your rent is the most important thing in your life!!!  
Why spend your money on other things first?  
 
A lease is more reliable for both parties.

to do my rent checks for that month instead of bunches. I like to have some control Sometimes the beginning of the month and payday don't quite lineup. So I postdate my checks if needed to ensure I have the money in my account. Although that always doesn't seem to work and the postdated check is cashed before the date on the check.

Elmer said "Landlords need rent on time and NO DAMAGE.   Tenants need quiet enjoyment and reliable services,   not to mention a roof that doesn't leak   and appropriate heat with hot water too.     What could be more clear.   Do you actually expect all of that with no rent paid?     Your rent is the most important thing in your life!!!   Why spend your money on other things first?     A lease is more reliable for both parties. "

I read Deb1's post a couple of times. Unless she edited the post, I don't see anything that suggests she's not planning on paying rent, or that she was spending her money on other things. She was asking for an opinion, perhaps as a tenant or perhaps as a landlord. Either way, your response to her was extremely rude.  

sorry but asking if a landlord can kick you out for not/late paying the rent does make it sound like its a concern, maybe its because the op is a great tenant tho and supper paranoid about paying a day late but if Deb1 was a landlord she would know  
 
as for lease vs month to month for a landlord lease means the tenant is more likely to stay for the term of the lease, so longer but the rest is the same, for the tenant it is no real difference because a landlord cant just kick you out unless you break the rules of the building or dont pay rent, a lease doesnt protect you from that, you can be kicked out for breaking the terms of the lease which usually include non/late payment clauses  
 
I have rented and i have been and am a landlord again and honestly when it comes to rent im understanding if the tenant is like Trevor and is just a touch late but keeps me informed, of course the longer they rent from me and the more i know them the more i feel comfortable allowing a touch of leeway but leeway does go both ways and if the tenant causes me issues for minor stuff then im not likely to cut them slack latter

management company where I rent, gets the check on the first. Just that the date on the check is for a later date. Although, there have been a couple times where the check was deposited prior to the date. It caused a NSF once so far. But I was able to get it all reversed since it was in error and also notified the management company as soon as I could. I also printed out the images of the check that showed the dates.  
 
It also happened again for this month. Luckily, there was sufficent to cover, but throws my financial planning out the window. It slipped through both the management staff and the bank staff.

I am not the tenant, maybe not even that preticular landloard. Also I have asked opinion or experince of both sides. Now assume that tenant can not pay the rent, not simply beacuse he spends his money on other stuff. Maybe he has laid off, maybe something else has happened in his life and his income has reduced. Landlord has to ask tenant to move out, after some reasonable time. Is it as easy as asking him to move out as he does not afford to pay the rent anymore and it breaks the agreement or landlord has to go through lot of stress, going to residential tenancy and may be ask a lawyer to be involved and spending money for that? Does residential tenancy tempted to get tenant side or they order tenant to move out fast? Does it make any difference if the agreement was based on one year lease or month to month?  
 
 
 
 
 
 
 
Edited by Deb1, 2015-12-05 21:16:19

My family moves a lot for my husbands job so we prefer month to month because we can't guarantee where we will be in 6 months.  
 
 
It doesn't matter how the tenant came into the financial situation they did whether it be laid off, illness, etc. If the tenant doesn't pay the rent they can get kicked out.  
 
I've known tenants in this circumstances and if they don't move out on time the landlord just calls BPS to get police to escort them off the premises.  
 
Landlords could go to court to sue you for unpaid rent, they can represent themselves - no need to pay for a lawyer. All they have to prove is you didn't pay. (Most of the times they just want to get a new reliable paying tenant in there).  
 
The tenant could complain to Residential Tendencies when the landlord gives them the eviction notice and say its unlawful. If the tenant admit to not paying rent on time or being behind they will show you the door. I'm sure the tenant fighting it will just lead to a court day which both the tenant and landlord can represent themselves. The tenant has to prove they paid, the landlord has to prove didn't. During that time if they say the tenant can continue to live on the premises, the tenant will just end up having to paying more rent (extra time living there) as well as consequences for lying to the court.  
 
The landlord already pays for his own mortgage on top of the properties they rent out. It's unreasonable for any tenant to think they should be lenient with late or unpaid rent for any reason. Tenant can't pay the rent, so the landlords expected to pay two?? One for a house he doesn't live in?? Fact is: If the landlord didn't pay his mortgage, he'd lose his house, no matter the reasons why he couldn't pay it. Same goes with renters.  
 
Edited by .:openminded:., 2015-12-06 00:57:22

.:openminded:. said "My family moves a lot for my husbands job so we prefer month to month because we can't guarantee where we will be in 6 months.       It doesn't matter how the tenant came into the financial situation they did whether it be laid off, illness, etc. If the tenant doesn't pay the rent they can get kicked out.     I've known tenants in this circumstances and if they don't move out on time the landlord just calls BPS to get police to escort them off the premises.     Landlords could go to court to sue you for unpaid rent, they can represent themselves - no need to pay for a lawyer. All they have to prove is you didn't pay. (Most of the times they just want to get a new reliable paying tenant in there).     The tenant could complain to Residential Tendencies when the landlord gives them the eviction notice and say its unlawful. If the tenant admit to not paying rent on time or being behind they will show you the door. I'm sure the tenant fighting it will just lead to a court day which both the tenant and landlord can represent themselves. The tenant has to prove they paid, the landlord has to prove didn't. During that time if they say the tenant can continue to live on the premises, the tenant will just end up having to paying more rent (extra time living there) as well as consequences for lying to the court.     The landlord already pays for his own mortgage on top of the properties they rent out. It's unreasonable for any tenant to think they should be lenient with late or unpaid rent for any reason. Tenant can't pay the rent, so the landlords expected to pay two?? One for a house he doesn't live in?? Fact is: If the landlord didn't pay his mortgage, he'd lose his house, no matter the reasons why he couldn't pay it. Same goes with renters.     Edited by .:openminded:., 2015-12-06 00:57:22"

BPS will not assist with evicting a tenant simply because their rent is late. The landlord would have had to follow proper procedure, and then could seek assistance in enforcing the resulting court order, which is usually the role of a bailiff.

GummiBear said "    Deb1 said "I am not the tenant, maybe not even that preticular landloard. Also I have asked opinion or experince of both sides. Now assume that tenant can not pay the rent, not simply beacuse he spends his money on other stuff. Maybe he has laid off, maybe something else has happened in his life and his income has reduced. Landlord has to ask tenant to move out, after some reasonable time. Is it as easy as asking him to move out as he does not afford to pay the rent anymore and it breaks the agreement or landlord has to go through lot of stress, going to residential tenancy and may be ask a lawyer to be involved and spending money for that? Does residential tenancy tempted to get tenant side or they order tenant to move out fast? Does it make any difference if the agreement was based on one year lease or month to month?                 Edited by Deb1, 2015-12-05 21:16:19" I've dealt with the tenancy branch before. They tend to get both sides of the story and go from there.     As for asking them to move out, if they don't I think you'd have to go to the tenancy branch and proceed that way.     I have had a couple landlords that struggled to get tenants out even after they've been late with rent, destroyed the property and even started disturbing other tenants (myself included).     If you're unsure I definitely recommend going to the tenancy branch. They'd be able to better help with the situation and how to handle it.     And if they have broken the agreement I do not think it would matter if it's month to month or a lease. "

the tenancy branch can be hit and miss depending on who you get and how they interpret the RTB laws but usually the laws go in favor of the tenant, som e things you would think make common sense, the tenant hasnt paid rent and said so ect still can take months to get them out if they refuse to leave, sure for $30 and the cost of all your evidence (damage ect) you can sue them but chance of collection even if the ruling goes in your favor isnt high so as a landlord your risk is high and honestly why there isnt as much rentals in the area. the "court" you go to isnt actually a court either, it is legally binding but doesnt follow the same rules still as a landlord you need to make sure at the start of the agreement you have followed all the rules, gotten pictures and signed damage report on the unit so if anything happens you have proof of the condition and rent is as stated there is more but i think you can gather what im saying  
 
I do recommend as a landlord that you really familiarize yourself with the tenancy branch guild-lines, they are online, google them, you can also go talk to them at their branch on 0th st, hours can vary tho so phone first, make sure you get the Brandon office because honestly winnipeg runs differently and will advise you differently which shouldnt be an issue except someone from Brandon may make the ruling so best to follow what they say  
 
ps it doesnt matter why you cant pay the rent, just like any other business its not my problem but if the tenant is good in every other way i may be lenient, that is my call, even as Trevor says he gives a post dated check could be unallowable if the landlord wants, yet if he is good and always cashes it i have never known a landlord to have an issue with it but they could  
 
 

its funny how u say rent is the most important thing in ones life when in reality mortgage is more important cause it's an investment worth paying for especially when rent goes up every year cause u feel your building is worth more to live in. when a mortgage is locked for 5 to 10 years

Trevor B said "management company where I rent, gets the check on the first. Just that the date on the check is for a later date. Although, there have been a couple times where the check was deposited prior to the date. It caused a NSF once so far. But I was able to get it all reversed since it was in error and also notified the management company as soon as I could. I also printed out the images of the check that showed the dates.     It also happened again for this month. Luckily, there was sufficent to cover, but throws my financial planning out the window. It slipped through both the management staff and the bank staff. "

but that wouldn't cut it with me. You can't say they are getting the rent on the first if the cheque is dated the third, sixth, tenth or whatever. If your payday doesn't line up, you need to budget.  
 
Would it be acceptable to you if your employer gave you your pay stub on payday, but you didn't actually get any money till sometime later? I doubt it. Its the same thing.