A lot of us already know that tenants have way more rights than landlords in this Country. But I thought being this far in the right I'd have some recourse. I was wrong.
For me it all started in October when my tenant bought a semi and began trucking. The fact my yard became a public works yard was bad enough, but then rent started coming late. Luckily I always waited a week before depositing checks so I wasn't constantly depositing bad cheques. But then my tenant became 2 weeks behind, a month and then 2 months with the odd cash given here and there. Finally, after finding out EVERYTHING was a lie, from him having a sister (weird thing to lie about, having a sibling that doesn't exist), to owning a cabin (it was his moms and she sold it so he'd move out), to having worked for a month and being screwed by his employer (he didn't show up for a month and then tried to extort his old employer).... It took him kicking his mom out when she was visiting him from Ontario to help with their new baby, just because she wouldn't pay their bills, that I realized this wasn't going to get better. So after the last NSF I served him papers. Papers that say you must pay the rent in 5 days, dispute or move out on the 10th day.
Well one would assume that serving your client a legal document saying he MUST move out in 10 days would be good enough. Think again, I'm out $3000 already since he's 2 months late, about to be out another month if he doesn't move. So you'd think since I served the papers, had a witness, I'd make sure they're out on the 10th day right? Nope. If I kicked the client out, changed the locks or even cleaned out the storage I'd let the guy have, I'd be charged $5000 PLUS moving expenses and their first rent in the new place. So basically $10,000 including the rent he owed me. Are you kidding me?
I had to file a writ of possession for $50, which gives me a court date 40 days from the date the guy was supposed to be out, which basically means my tenant could live in my suite for another month and a half rent free and I'd not only have to let them, I'd have to pay the goddamn utilities for their suite. Now one could assume I'd win the court date since I have everything in my favor, but still getting the money would be like pulling teeth from these people, and if a landlord was tight financially could they really absorb $6000 in loss of income?
Luckily, and I wouldn't have posted this if it hadn't been dealt with, they're out. I finally got them out.. legally. But it cost me some money. Now I've already gutted the place in the 2 days since they've left. But I don't know if I'll rent long term again for a while. I'm renovating it, taking over the suite and putting some students in there for the time being. But my advice.. don't be too nice. If your tenants are ONE day late, serve them the notice. Sure, they may pay you in a day or two, still serve them. Make sure you have a copy yourself and always have a witness. If for some reason they DON'T pay within the 5 days, you're only liable to lose a month or two, and not 4.