- Joined
- Jan 5, 2010
- Messages
- 3
Hi REIN Members,
I need your advices. I just bought my first residential property in January 29. It was on the power of sale. When I bought the property it came with a tenant. He lives on the first floor. The basement/main floor is use as an office space which I am advertising right now for rent. It is zoned M2 with a special provision of commercial use. And the zoning also stated that only one unit can be occupied by the owner/caretaker of the property.
Now, when I took over the property, I issued him the Notice to Terminate Tenancy For Landlord`s/Purchaser`s Own Use on which he has to leave by April 5. Form N12 has been dated & signed by him last Feb. 4. When I came to take the key in April 5 my tenant refused as he told me he has paid one month advance to the previous owner (who has left the country). In this case, should I as a new Landlord acknowledge this as binding agreement by him and the previous owner? That he will stay until April 30th for free? When the sad thing is I haven`t received his one month`s rent which includes the utilities and not even provided me a copy of a previous contract.
During the closing, my lawyer`s secretary has informed me that there were no adjustments about my tenant`s rent. But my tenant informed me that he has paid one month advance to the previous owner and has not provided him any receipts at all. I have requested him to provide me any documents that will show any encashments of a cheque paid to this effect which he has to show me yet this week. What should I do next?
By the way, my husband is coming from abroad and I want that we will be in our house by then. I have decided that in 15 days we will sacrifice staying in the basement until he will leave rather than we rent somewhere else. With these situation, what is the best I can do?
Looking forward to your suggestions/comments.
Elouisa T. Cainoy
I need your advices. I just bought my first residential property in January 29. It was on the power of sale. When I bought the property it came with a tenant. He lives on the first floor. The basement/main floor is use as an office space which I am advertising right now for rent. It is zoned M2 with a special provision of commercial use. And the zoning also stated that only one unit can be occupied by the owner/caretaker of the property.
Now, when I took over the property, I issued him the Notice to Terminate Tenancy For Landlord`s/Purchaser`s Own Use on which he has to leave by April 5. Form N12 has been dated & signed by him last Feb. 4. When I came to take the key in April 5 my tenant refused as he told me he has paid one month advance to the previous owner (who has left the country). In this case, should I as a new Landlord acknowledge this as binding agreement by him and the previous owner? That he will stay until April 30th for free? When the sad thing is I haven`t received his one month`s rent which includes the utilities and not even provided me a copy of a previous contract.
During the closing, my lawyer`s secretary has informed me that there were no adjustments about my tenant`s rent. But my tenant informed me that he has paid one month advance to the previous owner and has not provided him any receipts at all. I have requested him to provide me any documents that will show any encashments of a cheque paid to this effect which he has to show me yet this week. What should I do next?
By the way, my husband is coming from abroad and I want that we will be in our house by then. I have decided that in 15 days we will sacrifice staying in the basement until he will leave rather than we rent somewhere else. With these situation, what is the best I can do?
Looking forward to your suggestions/comments.
Elouisa T. Cainoy