Comments on: Evicting a Tenant

By: viennatech

viennatech — Wed, 07 Oct 2009 17:12:14 +0000

@Lisa: As the former owner of a property is not your tenant by that very definition I do not believe this act applies. You simply have him removed by whatever means you have available without having to jump thru the hoops of the tribunal. I’d suggest a large man that answers to Vinny give him a talking to?
A large dog that isn’t on the prohibited list? Lots of simple ways to get them to leave without involving the whole court process.

By: Lisa

Lisa — Wed, 07 Oct 2009 15:49:21 +0000

Would it be the same process to evict an occupied previous owner of a tax sale property in Ontario as it is to evict a tenant?

By: FrugalTrader

FrugalTrader — Wed, 25 Feb 2009 18:23:49 +0000

George, I’m not sure if this helps, but in NL, the eviction process takes about 6-8 weeks. At least from my experience. Probably best to call your residential tenancies govt division of Ontario.

By: John

John — Wed, 25 Feb 2009 18:14:23 +0000

Hi, can anyone give me information about the eviction process in Ontario. I would specifically like to know how long this process takes? After the initial form is given to end tanancy, and the tenant does not move out. Now the eviction notice is filed, with a hearing date given. Does anybody have any experience in knowing how long the process takes after we get a hearing date?

Thanks, George

By: Bill

Bill — Mon, 01 Dec 2008 07:00:19 +0000

I also just evicted a tenant from a shared accommodation property and in Alberta at least we now have the Residential Tenancy Dispute Resolution Service which helps accelerate the process.
I just finished blogging the whole process which took just over a month from start to finish. You can read the “ordeal” here, http://www.investors.housez.ca/?p=83
Regards,

Bill

By: Mun-Economics

Mun-Economics — Thu, 06 Dec 2007 01:24:32 +0000

Yeah its makes a lot of since for sure.

I will stop eating up this discussion with my topic.

Keep up the blog posts. The quality and quantity is excellent.

By: Cross the river

Cross the river — Wed, 05 Dec 2007 19:18:16 +0000

What I’m saying is that in provinces where rents are controlled, any monetary benefit could have an impact on the rent you charge the next your tenant.

For exemple, you have a good tenant and you decide to give, let’s say (hypothetical figures) 10$ a month on a 500$ rent. In essence, you are charging him 490$ a month (for good conduct).

Change of tenant, provincial rent control says you cannot charge more than a certain % higher than the rent for the last tenant. If you do, the new tenant would be entitled to refuse to pay the full price. You could lose a certain amount before even knowing if the new tenant is a good one.

I mention this because some provincial regulations permit a new tenant to get information on the previous tenant and if he’s wise, he’ll try to figure out if you are a good lanlord or not (as this is a 2 ways process.)

In other words, if you practice this method (which I must says is a good idea), you need to be carefull and knowledgable of your provincial “Tenant Protection Act”.

ANyways, if you are a landlord, YOU MUST be knowledgable of your provincial “Tenant Protection Act”.

Makes sense?

By: FrugalTrader

FrugalTrader — Wed, 05 Dec 2007 19:11:58 +0000

CTRiver, yes landlords will have to double check their provincial regulations, but I highly doubt that there is anything wrong with offering a tenant an incentive to leave.

Eviction fees are a rental business expense, thus tax deductible.

By: Mun-Economics

Mun-Economics — Wed, 05 Dec 2007 18:43:17 +0000

Why wouldn’t the government allow you to give cash back to a tenant for ticking around and not causing trouble? I don’t understand that.

Does anyone think that giving a tenant a part of the cost of finding a new tenant responible if there is no law against it?

By: Cross the river

Cross the river — Wed, 05 Dec 2007 18:06:44 +0000

Interesting discussion so I’ll add two small comments.

Provincial aspect is important to keep in mind. You might not be allowed to “officially” offer a deal to your tenant. And if you can, you might be stuck with rent price control issues.

I also wonder if the fees for evicting a tenant are tax deductible.

By: FrugalTrader

FrugalTrader — Tue, 04 Dec 2007 19:23:42 +0000

Hollie, here in NL, tenants can withhold rent if necessary repairs aren’t made. You should call your local residential tenancies division for more info.

By: Hollie

Hollie — Tue, 04 Dec 2007 19:15:38 +0000

Boy I am a renter who needs a good landlord!

But I am NoT working so most landlords wont even touch me. So I am stuck with a landlord who wont do repairs, because at one time I did own property with my now ex I know ho to fix things so for the last 14 months that is what I have done.

Now if you know a good landlord in Toronto who doesnt charge an arm and a leg let me know. I am in the market for an apt for $750 or less.

Yes the tenants act benefits the tenant in an eviction case but in the case of repairs it goes the other way often and costs the tenant.

By: canadian dollars

canadian dollars — Tue, 04 Dec 2007 19:06:45 +0000

FT,

Yikes. Sounds like a nightmare to deal with evicting a non-paying tenant. I hope that the money you’ve made from the rental since has offset any negatives associated with the eviction! :)

By: Mun-Economics

Mun-Economics — Tue, 04 Dec 2007 19:05:52 +0000

I agree with the rent freeze stuff but doesn’t the government already take care of this pretty much already.

I will use my brother apartment in Calgary as an example. It costs him 200 dollars to put a weekend add in the paper. Plus the rent per day cost is like 40 dollars + heat cost + agravation. With this all added up the cost of getting someone new is expensive.

Why not give rebates to your tentant for every year that they stay in your place with good behavour. Or promised maintence for longer stays.

Just an idea to split the savings that them sticking around is giving you. Say them staying a year saves you 300 dollars why not give them a check for 100 dollars?

By: FrugalTrader

FrugalTrader — Tue, 04 Dec 2007 18:22:21 +0000

Mun: I do the same as Mikel. If I have a good long term tenant, I will not raise rents.

TMW: Yes, my numbers are based on province (NL). However, it’s been a while since I evicted someone, so the bailiff charge could have been higher.

By: ThickenMyWallet

ThickenMyWallet — Tue, 04 Dec 2007 18:19:09 +0000

They don’t call it the “Tenant Protection Act” for nothing!

FT- the costs you quoted are probably for the province you live in right? In Ontario, a bailiff costs a lot more than that (I think its $250 but don’t quote m).

By: Mikel

Mikel — Tue, 04 Dec 2007 18:16:27 +0000

In some way this already happens. if your landlord let you pass a year with no rental increase for inflation, you just recieved a gift.

For my good tenents i do just this. Unfortunately most good tenants are free to move where they like and are more mobile. I have had great ones that only stay for a year or two. The “lifers” are almost always bad and last forever….

I think a rule of thumb as to how bad any given tenant will be is how much junk they have in their moving truck multiplied by the number of pets.

By: Mun-Economics

Mun-Economics — Tue, 04 Dec 2007 18:09:03 +0000

Since a bad tenant is so damaging. Shouldn’t the landloard lower rent each month that is directly off setting the variable costs of finding another tenant?

Kinda like what is good for the goose is good for the gander. You keep the good tenant and still make money off them.

The question comes now what is the cut off price if you did this?

By: Mikel

Mikel — Tue, 04 Dec 2007 17:46:10 +0000

Having gone thru this recently I can attest to the “professional tenant”. This last one was so bad that he cut a hole i nthe side of my wall to install a window for his “grow op”. By the time i started the paperwork, the smell came from below. It was only the threat of police action that casued him to finally leave in the middle of the night. Left me with Water damage throughout warped doors, ruined floors. This was a brand new unit renoed in 2004, ended up redoing in 2007. Total cost is over $15,000 and I’ll never see a penny of it.
The police more more interested in this being a “civil matter” and offered no help. Needless to say all of my tenants are now screened much more thoroughly and all referneces called.
I also collect the rent in person now each month at their home, this way i get a free inspection and can detect smells…..

By: FrugalTrader

FrugalTrader — Tue, 04 Dec 2007 17:36:27 +0000

FP, your wish is my command:

Cost to register the eviction: $75
Cost of getting sheriffs dept involved: $100
Cost to change the locks: $100
Collections agency cut if you decide to go this route: I believe some take 50% of the collected amount.
Cost of cleaning up the place in case the tenant decides to trash the place on their way out: depends on the extent of damage
Cost of lost rent during the eviction process - 2 months rent revenue