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Expert Opinion on landlord-tenant disputes is provided by William.
F. (Rick) Watson, a practicing Arbitrator, Industry Consultant and
CyberSpaceCourt Judge. Rick’s website is www.williamfwatson.com
Rick is the author of 'Landlording 101' which is an easy to read
guide to the application of the Residential Tenancy Act of BC. This
$35 guide is recommended for landlords and tenants alike because
it is written by someone who has actually judged these cases and
shows how the rules are really applied. 'Landlording 101' can be
purchased on-line as an 'E-book' by contacting the webmaster or
by contacting Rick directly. To pose a question, file a case in
CyberSpaceCourt, buy the publication, arrange for Rick to speak
at your next event, or to join the mailing list for Rick's newsletter,
e-mail williamfwatson@dccnet.com
or cyberspacecourt@dccnet.com
Rick is the first in his field to provide and broadcast
real time on-line binding arbitration hearings, pay-per-view, on-line
consulting, netmeetings, and educational Teleseminars. In addition
to landlord-tenant disputes Rick arbitrates small claims actions
and civil disputes, labor grievances, wrongful dismissal and workplace
issues.
Q:
I have a tenant who does not pay the rent it has been more than 10 days and I server eviction notice and he is not leaving. I know I have to get court order to get him out of my property but how long and what are the usual costs. If someone does not pay the law of tenancy should allow me to remove the tenant immediately but I guess not only I have lose money in the process but also I have to not get any rent go to court and all that. Is there any other way I can approach this???
A:
Welcome to the club; Join the legion of property owners who thought they'd get other people to help pay their mortgages; Take out full fledged membership in that large contingent of property investors who don't take the time to learn the rules of the landlording game. Join the chorus of landlords who complain about rules and regulations, and consequences after the fact.
You have a tenant that you obviously didn't screen properly. You got mixed up in a situation where you didn't understand the rules and you still don't. Now you're out money, and it hurts. Brace yourself though, 'cause you're going to lose some more. It's also gonna' cost you time, energy, resources anxiety and stress. Maybe you'll even have to call in a bailiff if things get real bad - and they cost $2500 and up, cash money, no cheques please.
Here's the routine: you must issue the tenant a notice to end his tenancy for non-payment of rent. The tenant must be served properly and be given sufficient time to pay the rent claimed outstanding or dispute the notice you've issued. You'll identify an end of tenancy date in the bottom left hand corner on page 1 of the government form you have to fill out. This will be the effective end date of the tenancy - if. If the tenant disputes the notice you'll be off with your evidence and argument to an arbitration hearing, which won't be set until after the period allowed for dispute has passed. Then you have to appreciate there are 25,000 formal disputes heard in BC every year, and you have to wait your turn. Figure on 10 days - 2 weeks but that includes week-ends. If you're successful in arbitration you'll ask for and get an Order of Possession, which must be registered with the court system if you ever intend to act on the Order. The court system has fees too, and they also require proper service, along with a period in which the Order can be challenged. If the Order isn't challenged, you'll ask for a Writ of Possession from the courts, and that requires proper service and a waiting period for a challenge too. If the Writ is challenged you'll get scheduled to have that addressed - figure on a week to 10 days there too. If you are successful with your Writ but the tenant is still in possession of the premises, then you'll have to call in a bailiff because you just can't go in with your brother-in-law and physically move the bad guys out. You also must remember that the bailiff works for cash only; even certified cheques doesn't wash with a lot of bailiffs. When you've financed the bailiff the moving men get called and they cost money as well. If there are animals on the premises, you'll need animal control officers. With small kids involved, sometimes the social workers show up too. Then there's generally a need for the police to keep the peace in situations that get real ugly, but most often they're called upon to direct the substantial vehicular traffic that can be generated when a 'full Nanaimo' eviction is underway.
There is great wailing and gnashing of teeth in these situations. The moving men stay in their trucks until the bailiff guy gives the say-so. Sometimes money appears out of thin air - sometimes a shotgun is produced, which adds greatly to the excitement. Frequently the scene involves lots of yelling, and screaming, and obscenities - it's never nice. All in all, it's a grand spectacle - one that neither you nor the neighbors will ever forget. Total cost for a 'full Nanaimo' style eviction - tallies up to 3 and 4 thousand easy, even before storage costs, inventory and reciprocal claims. Total time - generally a month and change before the landlord can use his own key again. Then there are usually repairs and damages, and more claims, and counterclaims. Sometimes there is vandalism and continued harassment. Trust me, it takes a tremendous toll on everybody involved. Kinda' makes you think about learning some of the rules before you get in the game, eh?
Another way to approach this? Get with the program; join up with a landlording group; understand that you're in business, and you're failing. Get access to an expert and get on top of things. Or don't. Then you're fair game for the 'get rich quick in real estate boys' and you're the testimony at their next seminar on how to find 'motivated sellers' and 'distressed sales'.
