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Law Maven
Law Maven, Lawyer
Category: Canada Law
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Experience:  Lawyer & Instructor at Algonquin Careers Academy
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I 'talked' before about a renter I have. can I get

Customer Question

I 'talked' before about a renter I have. can I get rid of him?
Submitted: 1 year ago.
Category: Canada Law
Expert:  RealEstate Atty replied 1 year ago.

In order to begin to evict a tenant, a landlord must first serve proper notice to the tenant to terminate the tenancy. Whether or not the landlord can evict the tenant depends on the terms of the rental agreement and the reason why the landlord wants to evict the tenant. There are 3-day, 30-day, 60-day and 90-day notices required under California law, depending on the reason for evicting the tenant. Is the tenant on a month-to-month tenancy or a lease term? What has the tenant done or why do you want to evict the tenant?

Customer: replied 1 year ago.
I am in Canada
Expert:  RealEstate Atty replied 1 year ago.

I'm sorry, but I didn't realize that you were in Canada. I'm in California and won't be able to assist you with your matter.

Expert:  Law Maven replied 1 year ago.

Hi, I'm a Canadian lawyer, and I'd be happy to try to help with this, but Landlord/Tenant law is different in each province. It would help to know what province you live in, as well as the details that Richard Price asked you for.

If you're looking for a specific lawyer that you've spoken with before, you might want to contact the site moderators and ask them to put that person's name on the question. Otherwise we will need much more information to be able to answer your question.

Customer: replied 1 year ago.
I do not remember the man's name, sorry
I live in BC and have a renter that I really do not like and he loves me too. lol
Verbal agreement only but he was to get really low rent(200) in exchange for minor repairs and things like finishing the closets, paint bedroom and things that come up. He has done nothing but make a big mess. Cars in lawn, garbage all over, removed locks and did not replace, no locks.
My brother drove past the house and stopped to check. The lawn(?) was covered with water. Line broke, he did not fix or call us. The crawl space was a swimming pool. He has been in the house sience Dec 2011
Colleen
Expert:  Law Maven replied 1 year ago.

If I understand the question correctly the tenant is:

  • on a month to month tenancy -- no lease,
  • living alone in the unit,
  • paying rent regularly,
  • damaging the unit, and
  • not informing you in time of breakdowns that cause more damage.

.

If that is a correct summary of the situation, then you can terminate the tenancy for the following reasons:

47 (1) A landlord may end a tenancy by giving notice to end the tenancy if one or more of the following applies:

  • (d) the tenant or a person permitted on the residential property by the tenant has
  • . (i) significantly interfered with or unreasonably disturbed another occupant or the landlord of the residential property,
  • . (ii) seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant, or
  • . (iii) put the landlord's property at significant risk;
  • (e) the tenant or a person permitted on the residential property by the tenant has engaged in illegal activity that
  • . (i) has caused or is likely to cause damage to the landlord's property,
  • . (ii) has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the residential property, or
  • . (iii) has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;
  • (f) the tenant or a person permitted on the residential property by the tenant has caused extraordinary damage to a rental unit or residential property;
  • (g) the tenant does not repair damage to the rental unit or other residential property, as required under section 32 (3) [obligations to repair and maintain], within a reasonable time;

.

There is considerable information for landlords online here: http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice and here http://www.tenantsbc.ca/evicting%20a%20tenant.htm.

.

I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.

My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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