How to determine that a tenant had abandoned the rental unit

[samcansam]

Hi,

I would greatly appreciate all assistance as I`m in real confusion.

This property is in Alberta. A tenant cheque bounced. Tried to contact him, all phones disconnected. Called at work to find out that he was terminated. Went to the house, found that the bedrooms have gone, but still the living room as well as truck in the garage. Issued 14-day eviction notice and posted it on the door as there was no way to locate him. Talked to neighbours and no-one saw him for at least a week.

Do these circumstances constitute an abandonment? and what do I do with the furniture and most importantly the truck in the garage?

Thanks again for all your assistance.

Mike

 

[mightym]

QUOTE (samcansam @ Jun 12 2009, 07:51 PM) Hi,

I would greatly appreciate all assistance as I`m in real confusion.

This property is in Alberta. A tenant cheque bounced. Tried to contact him, all phones disconnected. Called at work to find out that he was terminated. Went to the house, found that the bedrooms have gone, but still the living room as well as truck in the garage. Issued 14-day eviction notice and posted it on the door as there was no way to locate him. Talked to neighbours and no-one saw him for at least a week.

Do these circumstances constitute an abandonment? and what do I do with the furniture and most importantly the truck in the garage?

Thanks again for all your assistance.

Mike

I recall reading something the other day that belongings over a certain value must be held for 30 days. I have the Real Estate Act and some other usefull documentation on the subject in my office. Unfortunately I am out of town until Wed night. I would be happy to fax it or email it to you when i get back. You could call the police and say you are worried about his well being. They can run the plate on the truck, or you can check at the registry office for liens, it may be in line for repo in which case you can call lien holder and tell them where it is. Hope that helps.
Marty

 

[jwilbrin]

QUOTE (samcansam @ Jun 12 2009, 07:51 PM) Hi,

I would greatly appreciate all assistance as I`m in real confusion.

This property is in Alberta. A tenant cheque bounced. Tried to contact him, all phones disconnected. Called at work to find out that he was terminated. Went to the house, found that the bedrooms have gone, but still the living room as well as truck in the garage. Issued 14-day eviction notice and posted it on the door as there was no way to locate him. Talked to neighbours and no-one saw him for at least a week.

Do these circumstances constitute an abandonment? and what do I do with the furniture and most importantly the truck in the garage?

Thanks again for all your assistance.

Mike

You can call the Alberta Services at 310-0000; tell the operator you need to talk to someone about a landlord tenant issue and they will put you through to the Landlord and Tenant Bureau. They can provide you with the most accurate information. It is a very good service; I`ve called a few times when I am uncertain about something in the L&T Act.

 

[samcansam]

Thank you. I`ll call the landlord tenancy board to get an advice.

 

[brentdavies]

For assistance, get a copy of the RTA or Residential Tenancy Act for Alberta. Available on line at queensprinter, and you can read it for free. Costs $6 or so to download it.

Call Servus Alberta, or go to thier website. Start at gov.ab.ca, and then to government dept to Service, then landlord information. There are good direct links, but you need to learn the basics.

If the tenant has moved his personal belongings, such as tooth brush, personal clothes, and other personal items, you could deem the premises abondoned. Since he bounced his rent cheque.

Follow the rules under the RTA, such as storgage of the property. You will have the right to sell the stuff left behind.

Furniture may be the property of a leasing company, or he did not have a means of moving the stuff, such as no friends to help move.

Make sure he has left, take over the property, clean up and rent it out again. Make sure to change locks so the old tenant does not come back to help himself to the stored property.

 

[Savard]

QUOTE (samcansam @ Jun 14 2009, 12:47 AM) Thank you. I`ll call the landlord tenancy board to get an advice.


I caution you to not treat information from this service as fact. Like many services in Alberta, workers are under-trained. This service has provided many of my tenants with wrong information.

This is your business. Read the act your self. If you are still not certain, pay money to hire a professional you trust and who is knowlegable on the RTA and how the court intreprets the RTA.