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Do I have enough grounds to evict the tenant that lives in the basement? I am desperately wanting to get rid of her. She is truly nothing but trouble. She already told me to get a court order in our discussion - which I have documented in a text message. I have our entire text message history printed out in iphone screen captures.May 30th - Danielle moved inJune 4th - a 1 year lease was signed (until end of May 2012)August 20th - cigarette butts on ground in backyardAugust 27th and September 15th - Extremely loud voices through the night - until at least 5 amOctober 1st - Tenant used the fire pit and used our good burning wood. I asked her to replace it but she never did. She left garbage on the ground around the fire pit.October 7th - Used fire pit again and left palates in our yard as wood replacement. I asked her to remove the palates because they are garbage. She did not remove them. During the course of this evening, one of our chairs were lit on fire- we saw a half melted chair in the morning (i regret that I did not photograph the scene). There was also an open jerry can, about 2/3 full of gasoline left beside the fire pit and was also partially melted. Upon asking her to remove the jerry can, she stuffed one of my boyfriend, Cory's, work gloves into the opening and placed it next to our house where it now resides.October 17th - Lease ammending agreement signed, stating that she can no longer use the fire pit or hot tub (we just got our hot tub running that week and thought I would include that). It also added a noise clause, which we did not have in the original lease unfortunately.October 26th, 27th and 28th - People over and loud voices until 1-3am.November 1st - Non payment of rentNovember 3rd - I called and asked for rent in a voicemail in which I stated that if it is financial reasons that she can't pay then she should discuss that with me, but it seems as though she doesn't want to live here anymore, and if that is the case we can terminate the lease, if that is what she wants.She called me and told me that she no longer feels comfortable living here after the fire incident, and that she will be out by the end of the month. I told her that is ok, we can terminate the lease. I have some of this in text message, but it's not very clear that she is saying that she is moving out at the end of the month.November 4th - I ask her for rent again and she says that she will just use the damage deposit for her last month (all in text message). I suppose this is evidence that we agreed November is her last month. I tell her that I need the month's rent and I will not accept her damage deposit as rent. She tried to say that "the suite is illegal, a plumber friend told me" - is this blackmail?? I'm not sure whether our suite is legal or not, but Calgary has recently made it very easy for suites to become legal so we can do that if necessary.I also gave her notice (in text message) that I will be showing the basement that Sunday to a potential new tenant. November 5th - She confirms with me over text that I am showing the place at 5pm on the 6th.November 6th - I received half of the month's rent. November 15th - I received the rest of the month's rent.November 16th - text message discussion between me and her about how I unofficially have a new tenant for the 1st. She says that she hasn't found a place yet and that she better get on it. I tell her that it's probably a good idea to figure that outNovember 22nd - I text her that I have the damage deposit for the new tenant and that it's official now. I asked her if she's found a place yet. She says "No I haven't I am going to pay rent on dec 1 for dec. I hope that you can tell the renter it won't be ready I'm sorry". I reply "Sorry Danielle but we had an agreement. You can't tell me with 1 week left in November that you're going back on it. You have a week to find a new place. There's lots out there". This conversation goes on for a while and gets a little nasty. This is where she tells me to get a court order. During this conversation I say "So when do you want to move out? If you didn't feel comfortable before, I'm sure you won't now, so when do you plan on moving?" (I was referring to the fact that the reason she wanted to move out in the first place was because she felt uncomfortable). She replied "If that's a threat I fell threatened". I replied "You know what I mean. You told me that you didn't fell comfortable after I had you sign the amendment. I think the situation has escalated, which theoretically would make one feel less comfortable. Which was the reason you gave me for why you wanted to move out in the first place. I didn't ask you to move out. You told me that you wanted to." She replied "I don't like being threatened by my landlord and told I will be made uncomfortable when I am a paying tenant under the landlord tenant act".I'm not sure what this could imply.How do I get rid of her? What steps do I take?
Optional Information: State/Country relating to question: Canada Already Tried: I tried telling her "Why do we have to do this? You still have a week to find a place. I know you could find one if you tried". She just replied that she's not moving and will pay for December.
Hello,Just from what you've indicated, frankly, you shouldn't have accepted the rental payments. That way you could have taken it as her notice and had her out. By accepting the rental payments you waived the notice she gave you.What Province are you in? I can see what other options you have at this point.
I am in Alberta
I know Service Alberta provides "The Residential Tenancy Dispute Resolution Service". In the application for this service (which is essentially a small claims court I think) I need to provide the eviction notice. However I am not sure if I have enough grounds to evict her. In the Residential Tenancies Act it says that many small things could add up to be a substantial breach which would be grounds for eviction.
And I don't understand how accepting the rental payment waived the notice. Am I not entitled to the last month's rent when a tenant is moving out?In our text message conversations we also discuss how she is moving out and I am showing the place to a potential tenant.
Hello,Frankly, if the list of what you've provided is all there is - and you've not properly documented the instances (text messages are insufficient - nor are they the best way to communicate in a professional situation) with formalized letters - then you'll have a hard time basing an eviction off of it where there is, apparently, only one instance of late payment.Again, your clearest opportunity is when she gave you notice (which you should have clearly accepted and followed-up in writing) and - upon trying to pay partial rent - you should have refused it citing the notice. Now that you've accepted it that clearest of grounds is gone.Everything else ends up being a fairly ambiguous series of - apparently - one-time incidents which you're not really in a position to prove before the Tribunal.Another option is to stop renting the basement apartment and evict on the basis that you're intending to occupy the entire of the house. This will mean, however, that if you do end up renting the apparment again any time soon, she could sue you and prevail in recovering costs for having moved out (even if she moved into a more expensive apartment where you'd end up potentially being liable for the difference)... so be careful there. My recommendation to you - if you can't simply talk to her and ask her to leave - is to formally document any indiscretions that are prohibited by your rental agreement (so, for example, the littering - if smoking is prohibited in the lease then that as well, etc.). You have to be reaosnable here because the Tribunal will tend to side with the Tenant if it looks like the landlord is simply trying to push the tenant out. By documenting - formally - everything it will not only help build a case for eviction down the road but, given her reaction last month, may well give rise to another situation where she'll give notice and which, next time, you'll be more keenly aware and prepared to accept and document without waiving inadvertantly.Regards XXXXX XXXXX wishes.
Is there any way to formally document what has already happened or can I only formally document future events?
Hello,Frankly, it wouldn't really be proper to just fire off a letter reciting all the former issues until something else comes up. At that point you can MENTION them but they wouldn't really form the basis for the eviction itself. By the sounds of how these convoluted text-message exchanges occured a judge could easily see that you'd have waived all of those issues in the past, so - other than for the purpose of reciting historical issues - I wouldn't go in relying on them and, instead, look to future instances.Again, be reasonable in what you're documenting. You don't want to end up giving the tenant a claim for harassment or breach of her right of quiet enjoyment which, as a landlord, you guarentee. Document whas is a breach of the rental/lease agreement terms (always best if you even cite the breached term in the letter).Regards XXXXX XXXXX wishes.
Experience: Cross-Border (US/Canada) Lawyer
I found this on tenants.bc.caIs there a site like this for alberta that you are aware of?Since she did not provide written notice, does this not apply?GivinG noTiCe The landlord must receive your notice no later than the day before your rent is due. For example, if you pay your rent on the first of the month and you are moving on May 31, your notice must be received on or before April 30. Your notice must be in writing. Include your name and address, and the date you are moving out. Sign and date your letter. Keep a copy for yourself. Taking back your noticeIf you have given written notice that you are moving, and the landlord learns that you will not move on the day that you said you would, the landlord can apply for an order to take possession of the place on the day you were supposed to move. In other words, you can’t give notice that you are moving and then change your mind unless the landlord agrees in writing to let you stay.
It was in the "Tenant Survival Guide" on the tenants.bc.ca website