Evicting a Tenant

[kathryn d]

About 3 weeks ago,our tenant's 16 year son made a scene at our apartment building. Police followed him home, pounded on the door, then proceded to kick it in.It took four officers to restrain him and take him away.
Other tenants contacted us and said they were fearful.

We issued a "5 day notice to quit". Emergency hearing was booked at the Tenancy Board for a week later.Tenants were ordered to vacate.Of course that really means they have another 10 days to appeal. Yesterday, the appeal time elapsed, and the tenancy is over.However, it really isn't over.
We called the tenant at 9 am, said we were on our way and we were changing the locks.Our Supers called a while later and said the tenant stated she wasn't going anywhere, because she hadn't received the court paper..Our Supers called the Police and they said they needed to see the court papers.
We stopped at the Police station and asked they accompany us when we showed them a copy of the order. We also said we were changing the locks.The officer said we can't do that. Rob said it is ours, we can and we are.
Only a Sheriff can evict. Rob said he isn't pysically removing them,just taking off the locks, so the tenants can't lock the unit.
We thought only one officer was going to be present. Next thing we know, there are 4 of them.Rob knocks on the door, hand the paper to the tenant and then proceeds to take off the locks.
Well....you would think we were the bad guys here. Officers start telling Rob to stop,get out of the tenants apartment,he can't change locks.
After about 15 minutes the Police told us if anything happens after they leave, we can be held responsible.
All we are trying to do is take back our property.
The youth was there swearing at Rob as Rob removed the locks. I stood watching Rob's back (with a hammer in my hand)The young man kept saying he can't believe we are throwing them out, and they have no where to go.
It will be at least Monday before we can get the Sheriff, and I don't know how much that will cost us.Maybe they will leave tomorrow on their own?

Anyways, thru all this, our Supers had a booking to show this apartment to a young man.
He seemed to have liked it, even though I told him all damages will be repaired before he would move in, as the tenants leaving aren't very happy with us for evicting them.

I imagine, there will be lots of damage done to the place this weekend,,,and there seems to be nothing we can do to protect it.

I just wish all the landlords would form a lobby group and have Tenancy Boards abolished.

 

[softmonkey]

not saying we dont need a landlord board but both sides need reprsentation im sure for every horror story we have the tenants have one too. lets not fall into the trap of thinking because we have the assets we are always right tempting it might be

 

[kathryn d]

What I wish is that when two parties enter into a contract (lease) that it be viewed as such.
No where else does the government say it is alright for someone to steal from them.
If a store can ban me because they caught me stealing, and not need permission to do this.....

Tenants are stealing rent from me that I could have recieved elsewhere from an honest person.

If a tenant doesn't like the landlord....move.
The laws of supply and demand would soon correct the marketplace, I think.

 

[phil]

...I imagine, there will be lots of damage done to the place this weekend,,,and there seems to be nothing we can do to protect it.

That's a terrible situation to be in. Any updates ?

Phil.

 

[Dazz]

Chins up Kathryn and Rob. You've come this far, and going by your past experiences, aren't going to let a little snot like that interrupt your business focus.

Keep plugging away and you'll wear them down. It'll cost you alot in stress and cash of course, which is obviously your angle on this....but what's the alternative, as you say ??

The only real solution to avoid dealing with rejects like this and not having to confront sappy Tribunals that give losers endless opportunities to stuff you around, is simply don't buy those assets in the first place.

if you aren't prepared or won't make that jump, you really need to put up with it, and all the skewed laws in their favour. Of course, you can expect the best out of people, but all of the paperwork is there to supposedly cover you when it doesn't go swell.

You're probably finding out your cashflow and capital concerns (why else would you put up with the nonsense right) rate a very poor third or fourth in the grand heirachy of things, with things like their poverty / living status and health concerns far outweighing your business objectives. The whole emotional "home" thing also rankles, even if they have turned your investment into a cesspit.

So, is this one going to be chased through the courts and eventually be added to your long list of garnishees ??

 

[Darren1968]

bad tenant

At least you will have the satisfaction of ensuring their details are registered on the tenants database.

Maybe they will reconsider their behaviour when they find they cannot find another rental because of it.

 

[skater]

At least you will have the satisfaction of ensuring their details are registered on the tenants database.

Maybe they will reconsider their behaviour when they find they cannot find another rental because of it.

That's assuming they have a defaulters database in Canada.

 

[kathryn d]

Thanks everyone.

No, we are not evolved enough here to have a tenant database.As Social Services is paying her rent,there is no job to garnishee.
The woman herself , we have no problem with. It is her son, and she will not have him live elsewhere,without her.
Not sure if Social Services will still pay her rent after this.We will be going to her case worker and having a talk.Maybe she will have to get a JOB now.

I feel much better now, since I had my little rant.
Somersoft forumites are great at listening.

The young man that looked at the apartment that day,loves it,and is signing a lease.We couldn't give him a definite move in day, except to say it would be on or before Dec 1.

This building is an hour away, and Rob was driving there and he had car problems. So he is stuck there overnight, BUT he called the Court to start things with the Sheriff.

Yesterday, we had thought about offering this tenant $100 just to leave.It would be cheaper than the $400-$500 we are looking at with the "Sheriff " route.
However, bringing in the Sheriff will have more effect. This is a small town.The word will eventually get around that we are not to be messed with.

Bright side, it is tax deductible.

I would love to be able to have a tenant database. Not sure how someone to actually start one. Any ideas?

Also, what would be the slander/libel lawsuits we be putting ourselves, if a former tenant disagreed.
I guess as long as you could back up with paperwork from the Tenancy Board?

Just had a thought. How about apartment calling all the ads in the newspaper and asking the landlords how they felt about it.

 

[kathryn d]

Sheriff is coming

Good News. Rob called and said the Sheriff is on his way to evict the tenant. It took him about an hour to persuade the Sheriff to not allow her anymore time, as she has had plenty, and we think they will damage our property even further.
Sheriff said he will give them less than an hour to gather up some belongings.
It costs us $170.88 for the Sheriff. Of course now we have to pack and store the tenants belongings for 60 days....

Our new tenant is anxiously waiting to move in.

 

[steveadl]

Geez what a nightmare! What you said earlier is so true - what other area can someone damage and purposely cost another person money, and the police can't/won't do anything about it?!

So if you handle issues like this yourself Kathryn, what does the super do? Is he just there for rent collection and maintenance? I'm not familiar with the system over there.

 

[kathryn d]

We are very hand on.With this property we live an hour away. Our supers, for exchange of free rent have multiple responsibilities.
They mow the lawn in the summer, and shovel the pathways in the winter.If anything goes wrong they contact us.We have them show the units as vacancies arise.However, we always make the decisions on the tenants.They organize tradies, if they can't fix something.
They don't collect rent, as we have the tenants give us post dated cheques.
They clean the common areas and pick up litter outside.If there are issues with tenants,and if we need letters hand delivered, they do that too.
Our building had a bad reputation when we purchased it 2 1/2 years ago. We are slowly moving away from that stigma.Even the police commented they are called less frequently since we took over.
The Supers are in their late 60's, so before they retire, we hope to be able attract even better tenants.

 

[phil]

...
Our supers, for exchange of free rent have multiple responsibilities.
They mow the lawn in the summer, and shovel the pathways in the winter.If anything goes wrong they contact us.We have them show the units as vacancies arise.However, we always make the decisions on the tenants.They organize tradies, if they can't fix something.
They don't collect rent, as we have the tenants give us post dated cheques.
They clean the common areas and pick up litter outside.If there are issues with tenants,and if we need letters hand delivered, they do that too.

Sounds like a pretty good gig in exchange for free rent.

Phil.

 

[kathryn d]

Sounds like a pretty good gig in exchange for free rent.

Phil.[/QUOTE]

Believe me, many times they have called the police because of unruly tenants,,,especially ones being evicted.Their presence has saved us many times, the cost of their rent.They look after this property as if it is their own. After all, it is their home.It is only an IP to us.

 

[MTo]

Hi, Katryn, you should have videotaped the whole scenes and we would have a good laugh watching it =P

 

[kathryn d]

Believe me, nothing funny happens when tenant is getting evicted.Really quite pathetic.She is living a Transition (Women's Shelter for abused women) House and the son is staying with friends.

She did call the Supers yesterday,wanting some photographs back. They were of her 2 smallest children who were removed from her custody and placed up for adoption a couple of years ago. We didn't know her then.

 

[AlmostBob]

I try hard not to think its funny, but the vindictive side keeps wanting to grin n giggle.