Canada Landlords Association

Message to BC Landlords – When kindness doesn’t pay (Part 3)

How could they do this to my property?

August 29, 2011

This is a warning to all landlords in Vancouver and the Rest of British Columbia.  Although I’m in Ontario, I hope what happened to me helps others all over the country.

I was very happy to have hired property manager John Schutten.  John spoke with the tenants and managed to get Teddy and Nancy to sign a form called an N11 (“Agreement to End a Tenancy”) from the Landlord and Tenant Board.  John told me in Ontario even if the tenants sign a form saying they will leave, we needed to take it with a grain of salt because they could ignore it and continue to stay.  Both John and I thought it was likely I’d have to order the Sheriff to physically evict them from my rental property.

I knew we needed to get an eviction order through the Landlord and Tenant Board.  John attended the hearing at the LTB on May 17.  The tenants didn’t even bother to show up!  This was actually a good thing because many tenants will show up with fake maintenance claims in order to stall the whole process  and live rent free.  We were granted the eviction but couldn’t get the Order right there and then.  In Ontario you have to wait to receive the order via snail mail.

Finally May 31st arrived!  This was the day the tenants were supposed to vacate the property according the LTB Order.  My fingers were crossed they would obey the law and leave when the LTB said they had to get out!  John did an inspection and these tenants had not packed a single box!  We couldn’t consider the property abandoned so we had to take an expensive next step…ordering the Sheriff.  Off to the Sheriff’s office John went with the LTB Order in hand to book the Sheriff.  Cost?  $320!

In some places, you can wait weeks before the Sheriff’s office has time to come to your property.  Fortunately, Hamilton is a large city and they work every day of the week.  The Sheriff came and posted a letter on the door stating the tenants had 72 hours to leave and take all their belongings.  The tenants had until June 7 at 10 am to vacate.

I felt relieved this whole ordeal was about to end.  My happiness and relief ended when I thought how much money I was out dealing with the eviction process in Ontario.  The Sheriff cost over $300.  Plus the LTB cost me $170.  I had to pay John for his professional and experienced help.  I also didn’t receive April or May rent.  Now it was June and another month of no rent.  My tax bill and mortgage still had to be paid!

On the evening of June 6 (hours away from D-Day, or E-Day for eviction) I drove by my little property after work to see what might be happening.  Good news!  I saw a U-Haul truck pull up in the driveway.  It looked like they actually started moving furniture out of the house.  I saw their things all over the front yard and sidewalk.  My Lord, they were even having a garage sale!

The next day the Sheriff came.  At long last my property was ‘mine’ again.  These rotten tenants were finally gone!  I was beaming.  The smile on my face was only matched by the spring in my stride as I walked to the front door to take a look and then change the locks.

Then I went inside.  No. This was just too much….. They couldn’t have done this to me…..

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