Tenant issue

[yaonchung]

One of my tenant is causing me some. I was having hard time to resolve it. I am wondering i can evict him. This is in Edmonton.

1. He change the lock without notify me and give us a new key.

2. Put in a security system without notify us.

3. Just found out he refinish my hardwood floor.... this is a 2 years house.. again no notice giving to us.

4. Having hard time to reach him.

5. We schedule to come by and he would aways give some reason to reschedule in the last minute.

Do i have grounds to evict him? If so how should i proceed? Do the police need to get involve as i am afraid he might done something to the property.

 

[Sherilynn]

This isn't a police matter. And eviction would be a stretch, depending on your answers to my questions below. Regardless, you may want to call the Landlord Tenant Advisory Board because these are not standard issues. They will want more details:
1) Did he rekey the existing lock or replace the lock with a new one? Does the new lock match and it is of the same quality? Was the original lock master keyed? Can the new lock be mastered? If the lock matches, is of the same quality, wasn't master keyed, and he provided you with a new key, then I see no problem.
2) Did he make holes in the walls to install the system? If so, then the damage is chargeable when he leaves. Did he give you the code? If he did, then I see no problem.
3) If he damaged the floor and had it properly refinished to fix the damage, I see no problem. If the floor was not finished properly, then you may charge him for damages. (Even if he didn't damage the floor, this is likely what he would say in court and then there would be no issue with him fixing it if it was properly repaired.)
4) If you have his correct email and phone number, there is no problem. If he doesn't return calls or emails, then you must serve notices to him in person or posted to his door. Why are you trying to reach him?
5) If you give proper notice of entry for an inspection, then he cannot refuse entry. He may reschedule if it is a bad time for him, but then he should allow you entry at the new scheduled time. If he doesn't, then you have grounds to file with the RTDRS (Residential Dispute Resolution Service) for interference with the rights of the landlord. Of course, rather than immediately filing for something so small, your best bet is to tell him he must allow you entry (with proper notice) or you will have no choice but to file with the RTDRS. If he doesn't allow you entry, then file immediately as he could have something in there he is trying to hide from you (like a grow op or a meth lab, for example).

 

[Matt Crowley]

^ Great response above.

I agree there are probably not grounds for eviction here, at least until you gather more information. Some security systems can be installed non-evasively. Even if there are some holes in the walls it really isn't grounds for eviction. That is what the DD is for.

To reinforce the above, if you give proper notice of entry you have every right to enter. There is an unlikely but possible chance you have run into a professional tenant here. It isn't the end of the world...its a chance to show how professional you are and your knowledge of the RTA! 99% of tenants believe that two way communication with a bit of give and take on both sides leads to the best relationships. It does, but some tenants want only their way, by the books 100% for the landlord and lots of latitude for themselves. Don't let yourself get pushed around, but ensure you do everything by the books. Check out the Service Alberta website and ensure that your notice of entry forms have all of the essential information for proper notice. Follow it up with a phone call if necessary. When it comes time to view the property, view it. You have the right to. If your keys don't work, file with the RTDRS. This is a serious breach. Just because you have a court date doesn't mean you have to go to court to settle things out. The RTDRS filing is deductible from the DD. Your tenant does not have free reign in the property.

The occasional tenant I get who wants to take a lot more than is reasonable receives a very prompt notice from the RTDRS about our upcoming court date. I want to provide them with a safe and operational home. I cannot manage it if I don't have access. It puts their own lives at risk when no one else can enter and prevents me from performing essential maintenance.

 

[Tina Myrvang]

I hope you will be able to resolve this directly with your tenant. If not, please go through the RTDRS.

Alberta RTDRS
http://www.servicealberta.ca/rtdrs/
Edmonton and Area: You must file your application with the RTDRS in-person at the Edmonton office located at Unit 112, 10025-102A Avenue, Edmonton, Alberta.
Calgary and Area: You must file your application with the RTDRS in-person at the Calgary office located at the Main Floor, Rocky Mountain Plaza, 180-615 Macleod Trail, S.E. Calgary, Alberta.
In other areas of Alberta : You must file your application with the RTDRS by fax. The Fax Filing Tips (PDF, 26.75 KB, 1 page)gives detailed information on:

Where the RTDRS decides that in-person filings are a hardship other options may be available. For more information, please contact us at toll free 310-0000, then 780-644-3000.

 

[Thomas Beyer]

These are serious breaches. You can call them property damages. If you want this tenant out, file with the court or tenancy board ( what province is this ?)

You have every right to go in, at any time, with 24h notice to inspect YOUR property. If locked, break the lock, install a new lock, and bill it to them.

Make it clear it is your property, not theirs.

Know your rights and the rules that differ slightly by province in terms of paperwork and timelines. Be very tough, but friendly. Bring someone strong along, someone big to intimidate him.

Some tenants are tough, troublesome people. If you cannot get to win/win, evict them.

 

[yaonchung]

Thanks for the quick responses.
Sherlynn, 1. I didnt get the new key. Same quality lock. No master key. He did not inform me until i question about it.
2. He did not provide me with the security code for the alarm. I dont mind he install a alarm as every tenant have every right to feel safe at their residence. As long as i am aware of he will have to leave the alarm where it is when he leave the place.
3. He inform me that he refinish the floor as if he did it himself. I dont know if it is done properly or not as i have not get a chance to see it.
4. Every time i call him went into voice message and he would not call me back and would text me back but not answer to stuff that i ask for. Example fridge needs repair/replace but he would not provide me with any information.
5. I give a proper notice for upcoming saturday including all the things requires from the RTA.

Thomas,
this is in alberta. I do not have security code and i dont know how to break the lock.

 

[Thomas Beyer]

I do not have security code and i dont know how to break the lock.

Tell him, IN WRITING, that unauthorized instalation of new floors, security system and lock is a breach of the lease and may be cause for eviction. You might have to bring a lock smith to break / drill into lock. Tell him also that this is at HIS expense. Don't worry about security system. That is his problem.

Read up on your rights as a landlord AND on reaons for evictions, such as property damage or threat to personal safety of any person. You may have to hire an eviction firm to handle it. Short term pain, long term gain.

 

[Sherilynn]

Thanks for the quick responses.
Sherlynn, 1. I didnt get the new key. Same quality lock. No master key. He did not inform me until i question about it.
2. He did not provide me with the security code for the alarm. I dont mind he install a alarm as every tenant have every right to feel safe at their residence. As long as i am aware of he will have to leave the alarm where it is when he leave the place.
3. He inform me that he refinish the floor as if he did it himself. I dont know if it is done properly or not as i have not get a chance to see it.
4. Every time i call him went into voice message and he would not call me back and would text me back but not answer to stuff that i ask for. Example fridge needs repair/replace but he would not provide me with any information.
5. I give a proper notice for upcoming saturday including all the things requires from the RTA.

Thomas,
this is in alberta. I do not have security code and i dont know how to break the lock.

This clarifies things. I agree, these are serious breeches. File with the RTDRS immediately and serve the papers on him on Saturday when you attend the inspection.

Please note, there are bailiff services that will file and attend RTDRS hearings for you. The cost is chargeable to the tenant (assuming you win). This sounds like a case where you may want professional help.

 

[Matt Crowley]

This clarifies things. I agree, these are serious breeches. File with the RTDRS immediately and serve the papers on him on Saturday when you attend the inspection.

Agreed. He may be a bit eccentric when it comes to his definition of refinishing the floors. It might be that he just polished them or cleaned them up in his own special, non-intrusive way. Bottom line you need to get into the suite ASAP and take action from there. File with the RTDRS, do not post an eviction notice on the property before filing with the RTDRS. It will slow down the process you will have to take by two weeks. If it is a serious issue, hiring a professional would be my suggestion if you are unfamiliar with the (ugly) eviction process.

 

[yaonchung]

Thank you everyone for the great advises. Is there a professional eviction company or persons that you can refer to? We are prepare to do the worst if Saturday didn't go well.

 

[yaonchung]

Hi everyone,

I was able to inspect the property yesterday. Wasn't able to talk with the tenant as he say he was unavailable and left the door open for me. (Didn't provide me with new keys.) The hardwood floor suffer alot of scratches from unprotected furniture. Other than that there are no major damage to the living area of the property. However in the attach garage there are piles of garbages on the floor (not in garbage bags) and i even saw a rat. Furthermore there are heavy scent of motor oil in the garage and signs of oils on the floor. I been trying to reach my tenant, either by calling him and also his house phone but he is not responding and left him text. I want wondering what I should do? Is there ground for eviction? or should I file with RTDRS first?

 

[Sherilynn]

Doesn't sound like grounds for eviction.

You should serve a notice stating

1. the tenant should confirm his current email address and phone number, since you have had difficulty contacting him on the numbers you have on file
2. the tenant must provide you with a key and the alarm code by xxx date (such as Tuesday at 6pm, or whatever sounds reasonable to you), or you will have a locksmith rekey the lock and you will deliver a key to the tenant (all at his expense, since he is the one who rekeyed the lock in the first place)
3. the tenant is obligated to keep the property in reasonably clean condition, and therefore must properly dispose of all rubbish being stored in the garage. Specify the fact garbage can attract rodents, and dealing with a rodent infestation resulting from garbage being accumulated at the premises could be charged back to the tenant.
4. you may also want to remind the tenant all motor oils and other toxic fluids must be properly cleaned and disposed of at an EcoStation. (Kitty litter is handy for soaking up spilled fluids. Then it can be boxed or bagged and taken to the EcoStation.)

The notice should be friendly, yet professional and firm. You don't want to pick a fight, but you must establish appropriate boundaries with you as the controller of the property and him as occupying the property with your permission.

I hope you took photos of the condition of the premises. And keep a photocopy of all notices served on the tenant.

BTW, don't hesitate to deal with rodents. Consider calling a professional exterminator immediately. Professional exterminators use pet-friendly bait stations containing poisons that kill with only one feeding and also dehydrate the corpses so they do not smell. Poisons available in hardware stores are much less potent and take several feedings to kill.

(And no, I neither apologize nor feel any guilt for my desire to kill rodents.)

 

[Thomas Beyer]

As stated above and by others, security system and locks can be deemed property destruction and MAY BE ground for eviction. Garbage is not. Oil is also borderline. Yes, you can file with RTDRS but you may wish to engage a lawyer or professional eviction firm as these borderline cases go beyond the expertise this board can provide for free.

A stern talk with tenant AND a letter as suggested by Sherilyn might suffice.

Board might reject your application as he pays rent and he promises to clean up (which almost certainly he will state). Judge might ask him to give you a key and de-install alarm system. Depends on the judge though.

The best way is to massively increase rent on lease renewal date, say up $2000.

 

[Matt Crowley]

(Didn't provide me with new keys.) The hardwood floor suffer alot of scratches from unprotected furniture.

I was wondering if he wasn't a bit eccentric. It sounds to me like he is a bit confused by the landlord / tenant relationship and is unclear regarding the exchange of rights and obligations.

I think you are a bit thin here to file with the RTDRS. Does he pay his rent on time, every time? Garbage in his rented garage is not a good reason for eviction. Oil spills, yes maybe...if substantial.

I didn't see anything above about the security system installation. What did it look like? Was there any damage from the installation?

One of the good things with this inspection is that you have good reason to come back to the property to rekey the doors and deal with the rodent problem. Like stated above, take lots of pictures and send the tenant a copy of the pictures. Changing the locks is damage and is against the RTA but if he is providing access it is a bit thin to file for eviction over it. You need to start building your case with this tenant and come renewal time, increase the rent substantially.

 

[yaonchung]

Thank you everyone. I am writing the notice to him now and will mail it to him and as will post it at the door. You have provide us with so much information and prepare us with proper step of approach this situation. We have never had a tenant like the one we have now. It is quite a experience for us and blessing in a way that allows us to grow and expand. My wife and I just want to say thank you and we are really grateful that we have experts like you guys helping out us who are just starting out on this path.

 

[Thomas Beyer]

Rough tenants happen from time to time. Most tenants are normal but every so often you will get some weird people, even with proper screening. That too is normal. Don't let it deter you from going forward with confidence !

With the right expectations, some cash reserves, the right tools, a strong support network and proper education you will overcome these obstacles and in time you too will become a more grey haired experienced captain.

Grey hair comes with privileges and remember: boats are safe in harbor, but that is not what they are built for !

 

[Kjeck]

I agree with others. There are no legal reasons for eviction. My advice to you is try to reach your tenant and have a conversation with him Explain him that good communication is essential for maintaining tenant-landlord relationships. And ask him to inform you about any changes.

By the way, did you collect previous landlord references regarding this tenant? It’s a good way to find out what communicator the renter is. Now you see that a tenant who doesn’t answer emails, texts or phone calls will make your job a lot more difficult.