Posted on: 13-06-04 19:01:10
Hi guys,
I have one question regarding rental basement.
If someone has rented his basement without any agreement and now the tenant is visiting his country for a month and this rental unit is non-used for this period, should the tenant be paying rent or not?
Also who bears cosmetic maintenace of the rental unit..for Eg. Light bulbs, fuses ect.
Technically tenant is occupying the basement even if he is out of the country for a month, so he must pay the rent. Any abuse related maintenance would be paid by the tenant whereas maintenance related to normal use of the item would be paid by the house owner. Normally replacement of the fused light bulb would be the responsibility of the tenant.
Thanks and regards.
Biomed
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"Change before you have to" : Jack Welch
I need advise here please.
I rented my basement to a white couple. Now they are not paying rent and causing stress to us. Very arrogant and threatening that they will complain that the basement is illegal to city & the board.
Please help. How can I evict such tenant? Can I approach tenant board in my case?
I made a big mistake but need to get my act together to salvage the situation now.
Can somebody help?
Quote:
Originally posted by ashasharma596
I need advise here please.
I rented my basement to a white couple. Now they are not paying rent and causing stress to us. Very arrogant and threatening that they will complain that the basement is illegal to city & the board.
Please help. How can I evict such tenant? Can I approach tenant board in my case?
I made a big mistake but need to get my act together to salvage the situation now.
Can somebody help?
-----------------------------
Here is a little help.
GET A PARA LEGAL AND START THE EVICTION PROCESS.
I can keep on asking you thousands of questions and keep this thread active and make it even longer, before it gets resolved. Please keep us informed when it gets resolved.
First question is, DO YOU HAVE A LEASE AGREEMENT signed by the occupant?
If you do, then he knows that he entered into an illegal basement and he is blackmailing you now. That is punishable by law. Keep the record of time and date and what he said.
SO, Start eviction proceedings against him. That is the most important point. He is not going to show up in the courts and blabber. So, take a chance.
The Para Legal representative will know how to go about it and how to speed things up.
Don't worry about the illegality, you can always escape the courts' ire by saying that you did not know that it was illegal. Also if you can go back to the court records, you might find him/her a repeat performer and has been evicted before by some one else, some where. The Para Legals can also find that out too.
These are the pit falls that we go through, trying to make a buck here in Canada, on the sly. ( Sorry about it)
Chalk it to experience.
FH.
http://www.city-data.com/forum/renting/791585-please-help-evict-my-illegal-tenant.html
http://rentmydcbasement.wordpress.com/stumbling-blocks/
http://www.tenants.bc.ca/ckfinder/userfiles/files/Chapter%208%20Evictions.pdf
http://www.ltb.gov.on.ca/en/STEL02_111286.html
FH.
Thanks Full House.
Yes I got lease agreement signed and that was my blunder.
Has anyone had any experience in the past like this and how did they come out of that?
Yes we have evicted a similar tenant. If its not handled properly it can turn into something very difficult to handle. It took us over 3 months to get the order from the Sheriff's office.
First thing is go to the landlord tenant board, get the forms and serve the notice of non receipt of rent in the required form. Just go there and you will be helped by the person on the counter which form to fill.
Hire a good para legal. This is the key.
Once you go to the board please stop communicating completely with them. Do not feel obliged to tell them that you have approached the land lord tenant board. They will be advised directly of that.
The moment you serve them a notice, be prepared that they would serve you one. Its OK. These guys are professionals and they know the tricks to buy time and continue without paying.
They would complain to the city to build a trace of reasons not to pay the rent or get a relief in rent if it goes to trial.
Before they do that please have your case filed at the landlord tenant board. If you have a case at the board before these guys complain to the city, the city takes a different view on such complains.
You had your best chance of doing the background and reference checks before renting. Now that it was not done please meet a para legal and discuss your case. The irony of the system is that while you would have to pay a good amount for the para legal, the tenant has an access to a free counsel service. Evictions are difficult to get unless handled professionally.
Good luck.
Furthermore you can go after the tenant for lost $$$ in the small claims court. It is a hassle but there are chances you can salvage some $$$.
In this day and age you have to look at renting as a business in a professional manner. Do your due diligence, do your credit checks, check work references, I don't bother with personal and previous landlord references, if they are hesitant to provide look for someone else, don't be desperate, it's better to have an empty unit rather than someone staying there and not paying. & yes the landlord is responsible for placing a tenant in a unit which is not registered with the city as a secondary dwelling.
Hope that helps.
