| | 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" |
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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. " |
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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