Starting in 1996, Alexa Internet has been donating their crawl data to the Internet Archive. Flowing in every day, these data are added to the Wayback Machine after an embargo period.
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'.
*
Q:
I am currently renting out 2 properties of my own. Friends have asked me to rent out their properties for them and to take a commission on the monthly rental. Do I have to have a real estate license or be a certified property manager in order to do this?
A:
No license is required to be an agent or manage private properties such as individual apartments and house rentals but as of January 1, 2006 people managing strata councils must be licensed, with some exceptions. The intention of this legislation seems to be the governing, regulating and control of pools of money such as are found in contingency funds for condo owners. You're probably aware that I act as an agent for select landlords in much the same capacity as that which you are contemplating. From my experience judging these cases and my experience working as a sometimes agent, I strongly advise you to secure access to expert advice if you're going to get in the game with somebody else's property; you will get involved in situations where the Residential Tenancy Act of BC is brought into play and you need to know how it works, why, and where to get reliable answers. What you don't know will hurt you and cost you - and your clients too.
*
Q:
I recently received a Notice of Rent Increases. It increases the rent by the maximum allowed amount, but there are a couple of formal defects on the notice. First, the landlord has mixed up my flatmate and my first names and surnames. Secondly, under part C, the landlord has filed out the section which relates to the date of the last rent increase, when they should have filled out the part which nominates the date rent was established (we've been here 12 months).
Can I dispute this increase on the basis of these minor defects?
Thanks.
A:
You can challenge it but the chances of you getting the rent increase nixed due to a couple of incidental defects in the notice is very unlikely. People frequently try this tactic but it isn't effective all that often for the simple reason that, when scrutinized, almost every government form will reveal minor deficiencies and/or omissions. The real issue for the Arbitrator is if the person receiving the notice knew or should have known what really was up, which is in accordance with the RTB policy guideline on amendment and withdrawal of notices found in PDF format at http://www.rto.gov.bc.ca/documents/GL11.pdf.
*
Q:
My landlord sold the house i lived in for four years, as is to a private owner. I was given a 30 day notice by my landlord. Since property was sold and no repairs were done, can the landlord keep my security deposit for estimations of what repairs would have cost if unit would have been rented again.
A:
The landlord can only deduct from a security deposit that amount of money you give written consent to, that amount that an Arbitrator orders, or that amount which you owe in rent or utilities at the end of the tenancy. The landlord has 15 days from the end of the tenancy to give you back all your security deposit or to make a claim against it. If the landlord doesn't meet these provisions, which are found in section 38 of the Act, section 38(6) can be invoked; this is the part that says the landlord must give you back double your deposit if he hasn't handled the deposit in the way the Act says he must.
As for being given only 1 month's notice to end your tenancy you are entitled to 2 month's written notice regardless of the change in the landlord, and the landlord must pay you the equivalent of one month's rent as set out in section 51 of the Residential Tenancy Act of BC. So, you're going to be up money and you're in a much better position than you thought. Aren't you glad you asked? If you're a happy customer, I collect testimonials and I also accept gratuities from the grateful. E-mail me your comments to williamfwatson@dccnet.com
*
Q:
Could you please help me find information about being evicted in the winter months. A family with 2 young children have been given notice due to failure to pay apparent late rent from April 2005 (which she has not proven to them that they owe). They are willing to pay the amount if it is proven to them that they owe it. They were given a 10 notice to come up with it and if not they are evicted. I have heard of some legislation saying that there was some kind of thing saying that they can not evict a family in the 4 winter months. Is this true? and where can i find this information?
A:
The Residential Tenancy Act of British Columbia governs landlord-tenant relationships in this province, other than commercial tenancies. The Residential Tenancy Act permits the landlord to issue a notice to end a tenancy for non-payment of rent. The form used is RTO Form - 3. It sets out details of the amount claimed owing and clearly and in bold print sets out how the tenant can challenge the notice. If the tenant does not challenge the notice in the time required or does not make the notice void by paying the rent due, then the tenant is deemed under the Act to accept the end of the tenancy on the date set out in the notice, which appears in the bottom left hand corner of page 1 of the form. I take it you haven't consulted the Act about getting evicted in winter months, and have perhaps heard this from friends and relatives who haven't looked up the Act either. If you can find where it might say in the Act that a landlord can't issue a notice to end a tenancy in the winter months I'd be very interested in learning where it's located.
All questions in this section are answered
by Wm. F. Watson, Government Appointed Arbitrator, Residential Tenancy
Expert. The above information is provided for general guidance purposes
only and it is not intended to be legal advice of any kind. Opinions
expressed or implied are not necessarily those of the ApartmentGuide.ca.
Where any information may differ from the Residential Tenancy Act
of British Columbia or its Regulations, the Residential Tenancy Act
and Regulations will prevail.
Wm. F. (Rick) Watson is a former member
of the Arbitration Review Panel of British Columbia where he examined,
upheld, or overturned decisions and orders made by Arbitrators in
landlord – tenant disputes throughout BC. He is the author of
'Landlording 101' ($35 available in manual or CD format). Mr. Watson
has conducted and been involved in well over 7,500 appeals, hearings
and dispute conferences. He also provides seminars, workshops and
consulting services to industry, landlords, and investors. To contact
Mr. Watson or join the mailing list for his quarterly tenancy newsletter,
e-mail williamfwatson@dccnet.com.
