tenant theft and wife moving out

[timewithkids]

Here`s a strange one for you...
I was walking home after taking my son to school this morning and found trucks and two police cars in front of the triplex that I own across the street from my own house. The police were there to suprevise the departure of "H" who is nine months pregnant, and leaving to be with the father (not who she has been living with for 2 plus? years) Frankly I am happy that she is leaving as she will surely be in a better "situation" than she currently is. As they were packing up, on of her helpers brought out a caned rocking chair that I had left in a common storage area in the basemant, but it had been missing since the spring. I had asked "K", H`s husband if he knew anything about it on at least two occasions and he replied that he did not. I now have the rocking chair back.
To be honest, I would prefer if K was also to leave, but what would be the best way to handle this?
Since I purchased the property in Aug of 2008, there have been about 9 "please hold the check till the 5th..7th .. till there are funds in the account and also 3 NSF checks that they have paid a penalty for. The checks have all been in H`s name and her name goes onto the recipt.
Any thoughts would be appreciated... B

 

[bizaro86]

QUOTE (timewithkids @ Nov 11 2009, 10:27 AM) Here`s a strange one for you...
I was walking home after taking my son to school this morning and found trucks and two police cars in front of the triplex that I own across the street from my own house. The police were there to suprevise the departure of "H" who is nine months pregnant, and leaving to be with the father (not who she has been living with for 2 plus? years) Frankly I am happy that she is leaving as she will surely be in a better "situation" than she currently is. As they were packing up, on of her helpers brought out a caned rocking chair that I had left in a common storage area in the basemant, but it had been missing since the spring. I had asked "K", H`s husband if he knew anything about it on at least two occasions and he replied that he did not. I now have the rocking chair back.
To be honest, I would prefer if K was also to leave, but what would be the best way to handle this?
Since I purchased the property in Aug of 2008, there have been about 9 "please hold the check till the 5th..7th .. till there are funds in the account and also 3 NSF checks that they have paid a penalty for. The checks have all been in H`s name and her name goes onto the recipt.
Any thoughts would be appreciated... B


I`m not in Ontario, but I thought you could evict for consistent late payment after 3 or more late rents? If that is the case, and you want him gone so you can re-rent to hopefully better tenants, evict him. (Assuming all your paperwork is in order, etc)

Michael

 

[invst4profit]

You need to learn the business rules that a LL must operate under in this province. Read The RTA, study it till you know both your rights and those of tenants.
Having done that you would know the answers to your questions.

Each time a tenant does not pay there rent by midnight on the 1st of the month, even if they ask you in advance to not cash there check, you issue them a N4. This is a eviction notice giving them 15 days to pay. If you wish to evict a tenant for consistent late payments or NSFs you must issue a N4 every time or you have no case to evict and the LTB will reject your application.
Normally after 3, 4, or 5 latest/NSFs you can apply to the board to evict. The board will most likely deny your eviction request but will rule that if the tenant is late again you may automatically apply for an eviction and the eviction will be granted.

Time to start studying the RTA.

 

[Thomas Beyer]

QUOTE (timewithkids @ Nov 11 2009, 10:27 AM) ..
Any thoughts would be appreciated... B
Learn the rules, both written and un-written, as they relate to the landlord-tenant act of your province .. AND APPLY THEM .. or if you can`t because it is mentally tough and sometimes very time consuming hire a property manager.

Treat it like a business.

if you wish to give to charity, do that from your profits .. but don`t be too soft on your tenants.

it is called "tough love" .. like treating kids ! You love them, you show them the rules, you enforce the rules appropriately. You have to be tough sometimes, and in frequently late tenants, who in addition steal from you or lie to you it means: you ask them to leave .. first friendly .. then with a letter, then with a 2nd .. then possibly through the legal system .. and you have too understand how that system works .. or hire someone that does !