notice to end residential tenancy
 
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landlord
post Jul 25 2008, 07:24 AM
Post #1
 


i dont want to rent to a particular tenant anymore so what are the laws should i abide by? basically i dont wish to rent out the unit anymore so should i fill out a particular govt form and hand it over to the tenant or should i print out a notice with my own wording? from my understanding you have to give the tenant a 3 months notice but someone had mentioned only 2 months. Anyhow i dont really trust the tenant so how can i protect myself?



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GORDY GAMBINO
post Jul 25 2008, 08:17 AM
Post #2
 


INSURE THE PLACE AND FOR MONEY I WILL BURN IT DOWN FOR YOU
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Dr. John
post Jul 25 2008, 08:22 AM
Post #3
 


QUOTE (landlord @ Jul 25 2008, 07:24 AM) *
i dont want to rent to a particular tenant anymore so what are the laws should i abide by? basically i dont wish to rent out the unit anymore so should i fill out a particular govt form and hand it over to the tenant or should i print out a notice with my own wording? from my understanding you have to give the tenant a 3 months notice but someone had mentioned only 2 months. Anyhow i dont really trust the tenant so how can i protect myself?


Search through the provincial government website for the appropriate forms.
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I'm A Comple...
post Jul 25 2008, 08:56 AM
Post #4
 


You cant just kick out a tenant just because you dont like him. If you are going to

a renovate it or
b move family into the unit

You can kick him out but you have to give the tenant 90 days notice I think and also give them 1 months free rent
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Guest
post Jul 25 2008, 09:10 AM
Post #5
 


There is a specific form. You just place it where it's unavoidable like on the front door or deliver it to them.
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I'm A Comple...
post Jul 25 2008, 09:15 AM
Post #6
 


Two-Month Notice – Landlord’s Use of Property
The landlord must serve the tenant with two month’s notice where the
landlord plans to:
• Demolish the rental unit or do major repairs or renovations that
require the building or rental unit be empty for the work to be done.
• Convert the rental unit to a strata property unit, a non-profit co-
operative or society, or a not-for-profit housing co-operative under
the Cooperative Association Act.
• Convert the rental unit for non-residential use, such as a shop.
• Convert the rental unit into a caretaker’s premises.
The landlord must have all required government permits and approvals
in place before issuing the notice for any of the above reasons.
Two-month’s notice must also be given when the landlord or a close
family member of the landlord, intends to live in the rental unit. If the
property has been sold and a new owner, or a close family member of
the new owner, intends to live in the rental unit, two-month’s notice
is required. “Close family member” means the father, mother, child or
spouse of the owner, or the spouse’s father, mother or child. The new
owner must make the request in writing to the landlord before notice
can be served. When a new owner wants to use the property for any
other purpose, the landlord cannot serve the Two-Month Notice to End
Tenancy until the title of the property is transferred.
A tenant that receives a two-month notice for landlord’s use of property
can move out earlier than the date specified on this type of notice, unless
the tenancy is for a fixed-term. The tenant must give the landlord at least
10-days written notice and pay the rent up to the move-out date. Where
the tenant has already paid a full month’s rent, the landlord must rebate
a pro-rated portion of the rent.
When a landlord ends a tenancy for “landlord’s use of property”, the
landlord must give the tenant the equivalent of one month’s rent on or
before the move out date on the notice or the tenant may withhold the
26
A Guide for Landlords & Tenants in British Columbia | October 2006
last month’s rent. If the rental unit is not used within a reasonable period
or for the reasons given in the notice, the tenant may apply for dispute
resolution asking for additional compensation equivalent to two month’s
rent. At the hearing, the landlord should be prepared to demonstrate
there was an honest intent to occupy, renovate, convert or demolish at
the time the notice was issued.
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I'm A Comple...
post Jul 25 2008, 09:17 AM
Post #7
 


Ways for a landlord to service the Notice to End Tenancy on
the tenant


A landlord must serve a Notice to End Tenancy in one of these ways:
• By leaving a copy with the tenant or at the tenant’s residence with an
adult who apparently resides with the person.
• By leaving a copy in a mail box or mail slot for the address at which
the tenant resides. The notice is considered served three full days
later. To end the tenancy on July 31st, the landlord must leave the
notice on or before June 27th.
• By attaching a copy to a door or other conspicuous place at the
address at which the tenant resides. The notice is considered served
three full days later. Therefore, a landlord giving notice to end the
tenancy on July 31st must attach the notice to the tenant’s door on or
before June 27th.
• By transmitting a copy to a fax number provided as an address for
service by the tenant. The notice is considered served three full days
27
Residential Tenancy Act
later. To end the tenancy on July 31st, the landlord must fax the notice
on or before June 27th.
• By sending a copy by ordinary mail or registered mail to the address
at which the tenant resides or to a forwarding address provided by
the tenant. The notice is considered served five full days after mailing.
To end the tenancy on July 31st, the landlord must mail the notice
on or before June 25th. Registered mail provides a receipt to prove
delivery.
• As ordered by a dispute resolution officer.
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I'm A Comple...
post Jul 25 2008, 09:19 AM
Post #8
 


Finaly one months notice


One-Month Notice
The landlord can serve the tenant with a One-Month Notice to End
Tenancy where:
• The tenants or their guests have:
· caused extraordinary damage to the rental unit or property.
· damaged property over and above reasonable wear and tear and
have not made repairs within a reasonable period.
· seriously jeopardized the safety or other right or interest of the
landlord or another occupant.
· significantly interfered with or unreasonably disturbed the
landlord or another occupant.
· put the landlord’s property at significant risk.
· adversely affected the quiet enjoyment, security or safety of other
occupants.
· engaged in illegal activity that has caused or is likely to cause
damage to the rental property.
· jeopardized a lawful right or interest of the landlord or other
occupant.
• The tenant:
· has not paid the security deposit or pet damage deposit within 30
days of the date of entering into a tenancy agreement.
· is repeatedly late paying rent.
· has broken a material term of the tenancy agreement and not
complied after receiving written notice from the landlord.
· knowingly gave false information about the rental unit or building
to someone interested in renting a rental unit or buying the
building.
· assigned or sublet the rental unit without the landlord’s consent.
· was provided with rental unit during their employment and that
employment has ended.
· has not complied with a dispute resolution officer’s order.
· is no longer employed as caretaker, janitor, manager or
superintendent and the landlord needs the unit for a new
caretaker, janitor, manager or superintendent.
25
Residential Tenancy Act
• There are an unreasonable number of occupants in the rental unit.
• The tenant must vacate the rental unit to comply with an order of a
federal, provincial, regional or municipal government authority.
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Colleen
post Jul 25 2008, 09:35 AM
Post #9
 


If you wish to use the space for yourself or family you may give 2 months written notice saying just that. The residentail tenancy office will help you with the forms and go early as have heard its gets real busy.
If a tenant is continually late with their rent, disturbing yourself or others, criminals activities, etc you can present them with a one month notice to vacate. The office will assist you with this also. I believe there is a 50 dollar few. I do recommend using the necessary legal documentation.
Important: Notice must be delivered before the 1st day of the month so don't leave it to the last min.
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guest man
post Jul 25 2008, 09:39 AM
Post #10
 


From that info, Vancouver is a sh*itty place to own rental property. I would just shoot the friggin renter and dump his foot in the bay.
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me too
post Jul 25 2008, 10:40 AM
Post #11
 


so you have to give a tenant a 3 month notice AND have him live rent free for a month? even if this goes to arbritation can i just give the reason that i wont be renting out the unit any longer, could under any circumstances the arbritrator go against the landlord?

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I'm A Comple...
post Jul 25 2008, 10:43 AM
Post #12
 


QUOTE (me too @ Jul 25 2008, 10:40 AM) *
so you have to give a tenant a 3 month notice AND have him live rent free for a month? even if this goes to arbritation can i just give the reason that i wont be renting out the unit any longer, could under any circumstances the arbritrator go against the landlord?


all I know other than whats in the BC tenant regs is from what my building management told me when I would get pissed about a druggie moving in or a guy making too much noise. They told me that short of a tenant stopping paying rent they pretty much lost every other arbitrator ruling in front of the board for noise or damages etc. However Im sure their is a number for the BC tenants regs that you can call as a landlord to get quick answers
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krazy
post Jul 25 2008, 10:48 AM
Post #13
 


QUOTE (I'm A Complete Duce @ Jul 25 2008, 10:43 AM) *
all I know other than whats in the BC tenant regs is from what my building management told me when I would get pissed about a druggie moving in or a guy making too much noise. They told me that short of a tenant stopping paying rent they pretty much lost every other arbitrator ruling in front of the board for noise or damages etc. However Im sure their is a number for the BC tenants regs that you can call as a landlord to get quick answers


yea but dont people in canada have the right to evict tenants if they dont wish to rent out the unit any longer even if it goes to an arbbitrator? i'm speaking of landlords who own homes and rent out their basements?
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I'm A Comple...
post Jul 25 2008, 10:49 AM
Post #14
 


QUOTE (krazy @ Jul 25 2008, 10:48 AM) *
yea but dont people in canada have the right to evict tenants if they dont wish to rent out the unit any longer even if it goes to an arbbitrator? i'm speaking of landlords who own homes and rent out their basements?


yes if they plan to use it for a family member
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krazy
post Jul 25 2008, 10:53 AM
Post #15
 


QUOTE (I'm A Complete Duce @ Jul 25 2008, 10:49 AM) *
yes if they plan to use it for a family member

but what if you want to convert it to a gym? the govt cant meddle in what you intend to do with your unit, i understand you wouldnt be able to rent it to another tenant so that tenants are protected but if you just dont want to rent out the unit how can the arbitrator go against you
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I'm A Comple...
post Jul 25 2008, 10:56 AM
Post #16
 


QUOTE (krazy @ Jul 25 2008, 10:53 AM) *
but what if you want to convert it to a gym? the govt cant meddle in what you intend to do with your unit, i understand you wouldnt be able to rent it to another tenant so that tenants are protected but if you just dont want to rent out the unit how can the arbitrator go against you

call the bc govt tenants office. Tenents have lots of rights and the office will know.
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I'm A Comple...
post Jul 25 2008, 10:57 AM
Post #17
 


This is the website

http://www.rto.gov.bc.ca/
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