Q:My tenant signed a 1 yr. lease for a sm house for $900/mo to commence on Oct. 1st. I added an amendum of no dogs, no smoking in the house and care & upkeep of the yard needs to be done. She paid me $200 (not the requested $450) damage deposit before Oct 1st, then $900 cash on Oct 5th. When I went to collect the rent, I discovered a huge dog in the house. Long story short, she said that if she couldn't keep the dog, she would move out. She later told me (not written) that she would be moving out on the 15th of Oct. She stated that I would then return 1/2 the rent and the damage deposit. I told her that I couldn't possible find new renters by the end of the month. Anyway, the conversation became quite heated, so I ended the converstaion. I consulted the Residential Tenancy Act, and wrote to her quoting the Act about the 30 day written notice, responsibility of payment, (including the possibility of paying every month for a year if I don't find a renter). I didn't bring up the fact that she broke the lease by having a dog. (That was part of the conversation). I told her that she would be responsible for the rent until the end of October , and if I found a renter for the beginning of November, I would not charge her thet month's rent. But if I didn't find a renter, she would be responible for the rent until I did. I suggested that we correspond in writing only, told her how to contact me, and asked her for a schedule of times that I could come in and show the house for future tenants.
Now for the question. . .soon. .The next day, I had a request to see the house. I had to phone her to ask her if I could enter the house. She said no, that I needed to give 24 hrs. notice, to which I agreed and said that I would do in the future. She then informed me that if she paid till the 31st of October that should would be staying in the house that long, AND THAT I COULD NOT SHOW THE HOUSE UNTIL AFTER THAT DATE! She also said that the dog would be staying with her all that time too. What do I do? Can I submit the written 24 hour notice and show up anyway? or should I get a written order? I have two prospective tenants that I don't want to lose! If I ask her to leave by the 15th as she has broken the lease with the dog, do I have to return the 1/2 month's rent for October? The new people would like to move in on the 15th, IF THEY LIKE the house, but I can't get them in to see it! and if they don't take it I am stuck with 1/2 month's mortgage at least! Sorry - I'm finished. Thank-you for your quick response!
A:
If you've contacted the RTO, as indicated, I'm sure they advised you to issue the tenant a Notice to End the tenancy for non-payment of rent. The tenant must be served with the notice and has 5 days to remedy the situation by ponying up the rent money in full. If she doesn't cough up the rent as required, you move against her with a monetary claim and an application for possession. The issue of showing the joint to prospective new tenants for a future rental, and when you have a hostile tenant in place, is always a problem. Ideally, people work out a schedule to march prospective new tenants through. Where this is impossible, everybody must still play by the rules. The rules identify that the landlord can't enter another person's home without written notice, at reasonable hours, and for an authorized purpose. When this becomes problematic too, an order from the RTO can be sought. All said, you're in for an adventure. All said, you didn't screen your current tenant properly. What you are experiencing is a logical and some would say, a predictable result. This adventure is going to cost you money, time and grief.
