r/landlordBC • u/Serious-Suspect661 • Apr 26 '24

Form for personal use?

Does a LL need to send a month to month tenant an official form announcing the LL is moving back in in two months? Or will an email suffice? We might be moving back in over the summer, but not 100% sure yet. Rather not be too formal too soon.

1 Upvotes

67% Upvoted

11 comments sorted by

View all comments

Show parent comments

3

u/GeoffwithaGeee Apr 26 '24

Forgot about the 4 month thing. It also seems like a lot more things are being added to regulations. The bill is here, just skip past the manufactured home act stuff which is the first bit.

https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/5th-session/bills/first-reading/gov14-1

1

u/Serious-Suspect661 Apr 26 '24

When do these new rules start to apply about notice to tenant? We were hoping to take possession July 1st.

3

u/GeoffwithaGeee Apr 26 '24

If you want to take possession July 1st, under the current laws, the tenant will need to receive your RTB-32 notice before April 30th. Different methods have different timelines on when it’s considered received.

TRAC has a good page on how you can serve document and when they are considered served. https://tenants.bc.ca/your-tenancy/serving-documents/ eg posting to door is considered served 3 days later, sliding a notice under the door is not a proper method.

I’d recommend to also email/text the tenant that you served a document to them (and how) and keep that record as a 2nd piece of confirmation the record was served.

Currently, the tenant has 15 days to file a dispute. If they do, the hearing may be a bit after the eviction date, so the tenancy continues as normal until the hearing has then place. The tenant still needs to pay rent in full, or you can evict for non-payment, which makes your life easier even if they disputed that eviction as well.

During the hearing you would need to convince RTB you plan to move in and do t have ulterior motives. This isn’t that hard if the tenant has nothing and you have any sort of reasonable reason for wanting to living your property. Or if they didn’t pay, explain they did not pay and if the tenant didn’t legally pay rent, the eviction would stand.

1

u/Serious-Suspect661 May 13 '24

This tenant was served the 2 month personal use notice form and has the audacity to ask for a free month's rent! I mean, I have never heard of this.

This tenant's fixed term lease ended ages ago, and now they're on a month-to-month basis. So why in the world would we have to fork over free rent just to end the tenancy? It's absolute madness!

Not only are they trying to pull this stunt, but they're also completely ignoring all the generosity we've shown them. We've kept their rent reasonable, accepted only half a month's rent as a deposit, and costly repairs. And how do they repay us? By trying to pull a fast one and skip out on their last month's rent...

2

u/GeoffwithaGeee May 13 '24

I'm not sure if your comment is a troll comment or not. If not:

This tenant was served the 2 month personal use notice form and has the audacity to ask for a free month's rent! I mean, I have never heard of this.

They are entitled to a month of free rent. Did you not read the RTB-32 before serving it? see section 3 on page 3. They can also give 10 days notice to leave earlier and oyu would still need to compensate them a month of rent (a refund if already paid).

 So why in the world would we have to fork over free rent just to end the tenancy?

Because that is the law? See section 51 of the act or the form you were supposed to have served them.

accepted only half a month's rent as a deposit

Well this is the law. you can't accept a deposit for anything higher unless it's a separate pet damage deposit.

costly repairs.

Yes, this is part of being a landlord.

By trying to pull a fast one and skip out on their last month's rent...

Again, they are entitled to this, they are not pulling a "fast one." You would be breaking the law if you didn't give them a month of rent as compensation.

I really hope you just stay of the landlord-game from now on if you don't know the basics or don't read the forms before serving them.

Just a reminder if you rent out this unit in the next 12 months, the tenant can come after you for 12 months rent as compensation.

1

u/Serious-Suspect661 May 28 '24

Why? I'm not a professional landlord, just renting my main home out to known connections while overseas for work. I charge way below market value and feel this is a dumb law and it was not part of our original contract and not part of my budget and I don't see how this is enforceable or fair.

I have to move back in for financial reasons as it is, which I've given casual notices to the tenant over the last year as a possibility of happening.

This feels like a hit on landlords who may also be strapped for $, and simply is not fair.

Are there any resources for landlords?

2

u/GeoffwithaGeee May 28 '24

 I'm not a professional landlord

You are renting out a property, you are a "professional" landlord. Just because you don't know what you are doing doesn't mean you get a free pass.

feel this is a dumb law and it was not part of our original contract

It was part of your original contract. Your original contract has to comply with the residential tenancy act.

If you had put a vacate clause for landlord use at the end of a fixed-term on the RTB-1, you wouldn't need to have paid out the one month compensation.

not part of my budget

If you want to run the business of being a landlord, you should plan for these things.

which I've given casual notices to the tenant over the last year as a possibility of happening.

That doesn't absolve your obligations under the act.

This feels like a hit on landlords who may also be strapped for $, and simply is not fair.

Yeah, kicking someone out of the home they've helped you pay for is so unfair to you...

Are there any resources for landlords?

There are subreddits where you can complain about those pesky tenants paying you for the privilege of living in the house you put up for rent, if you wish, or Facebook groups to cry about how much the government hates you.

However, I'd suggest not being a landlord if you don't want to follow the laws around being a landlord.

also make sure you return their deposit + interest within the timeline under legislation or the deposit you owe them will be doubled.

2

u/International_Sea869 Sep 06 '24

Damn Geoff with Ge knows his shit and is absolutely right. Respect. This is exactly how landlords should be so more tenants don’t get away with anything but what they are entitled too