Landlording Advice - Eviction

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Advice for Landlords - Popular Subjects - 
 
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Landlording Problems - Eviction

 Related Legal Forms Provided by LawDepot.com
- Notice of Termination
- Demand for Compliance/Possession
Q: I am a landlord and my tenant has not paid rent for 3 months! I have issued all eviction notices and now have a hearing date set for next week. How can I avoid the cost of having a baliff coming in to remove her. Can I legally camp out in my own house and move her stuff myself?
Thank you
A: If your tenant is disputing an end of tenancy notice you've given her for non-payment of rent then the hearing will be all about what rent is due, who paid it if at all, when and how. Then the fun starts. Remeber, this is a process that you have apparently failed to familarize yourself with and one that is entirely avoidable - if you followed the first 2 rules of successful landlording. That said, you should seek an Order of Possession presuming you successfully fight off the challenge to your notice. The 'OP' will need to be registered with the court system if you ever intend to act on the Order. The court system has fees too, and they also require proper service, along with a period in which the Order can be challenged. If the Order isn't challenged, you'll ask for a Writ of Possession from the courts, and that requires proper service and a waiting period for a challenge too. If the Writ is challenged you'll get scheduled to have that addressed - figure on a week to 10 days for that. If you are successful with your Writ but the tenant is still in possession of the premises, then you'll have to call in a bailiff because you just can't go in with your brother-in-law and physically move the bad guys out. You must also appreciate that the bailiff works for cash only; even certified cheques doesn't wash with a lot of bailiffs. When you've financed the bailiff the moving men get called and they cost money as well. If there are animals on the premises, you'll need animal control officers. With small kids involved, sometimes the social workers show up. Then there's generally a need for the police to keep the peace in situations that get real ugly, but most often they're called upon just to direct the substantial vehicular traffic that can be generated when a 'full Nanaimo' eviction is underway.
There is great wailing and gnashing of teeth in these situations. The moving men stay in their trucks until the bailiff guy gives the say-so. Sometimes money appears out of thin air - sometimes threats and weapons are produced, which adds greatly to the excitement. Frequently the scene involves lots of yelling, and screaming, and obscenities, and it is never nice. All in all, it's a grand spectacle - one that neither you nor the neighbors will ever forget. Total cost for a 'full Nanaimo' style eviction - tallies up to 3 and 4 thousand easy, even before storage costs, inventory and reciprocal claims. Total time - generally a month and change before the landlord can use his own key again. Then there are usually repairs and damages, and more claims, and counterclaims. Sometimes there is vandalism and continued harassment. Trust me, it takes a tremendous toll on everybody involved. Kinda' makes you think about learning some of the rules before you get in the game, eh?
Another way to approach this? Get with the program; join up with a landlording group; understand that you're in business, and you're failing. Get access to an expert and get on top of things. Or don't. Then you're fair game for the 'get rich quick in real estate boys' and you're the testimony at their next seminar on how to find 'motivated sellers' and 'distressed sales'.


 
 

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