What an anticlimactic day. After all the drama, all the issues, all the problems, this latest eviction seems to be winding down with barely a whimper.
I ended up meeting with the bailiff today and we posted the notice, changed the locks and then away we went, patiently awaiting SWAT boy to show up at the property so I could then bring the police in and charge him with trespassing. After such a lengthy eviction and between the drinking, the smoking, the fighting and of course SWAT, I felt he would freak out just a smidgen upon finding he was legally locked out of his former abode.
I even called his cell phone and left a message warning him of the implications of trying to re-enter the property without me present. Now according to the other tenant, he had left the previous morning around 7:30 with his backpack and hadn’t made it home yet, so initially I was concerned he had already taken off, but when we checked his room to verify, he still had some of his possessions in the room.
I made sure my evening schedule was clear, in case I needed to rush over with the police in tow, and then I sat back to wait for the impending explosion. Finally just before 2:00 he called!!
He was calling from a different number, which threw me off initially, and inquired whether I had been to the property the day prior, as he had been away. He then very politely asked if he could leave his items in his room over the weekend and come back to pick them up on Tuesday. At this point he still wasn’t aware of the voicemail I had left him, the trespassing warnings and the locks being changed. Then the conversation took a turn.
He had actually started to take responsibility for his drinking and had checked himself into a detox center the day before, where he was going to be staying until Tuesday. Then later in the day Tuesday, he was transferring into a nine month program for alcohol abuse outside of the city where he would be setup in a group home environment away from the bright lights of the city and the allure of casinos, bars and liquor stores. He even apologized about owing me the rent money and that he wants to make it up, but won’t be able to until he finishes the program.
Wow! Of course he may be blowing smoke, but at least he is attempting to start to take responsibility for his own actions and it’s a positive step, too bad it took such a toll on all of us. He was a totally different individual when I initially met him, so I can only hope the alcohol was the factor that pushed him into becoming such a problem. Of course after all this I felt deflated. I had all this adrenaline ready for the impending phone call, the eventual problems and confrontation at the property and the fall out that was sure to come, then in moments all the hostility was gone and now I’m left wondering about the next step.
I’m pretty sure I won’t be seeing any of the money owed me for rent, damages, RTDRS hearings and bailiffs. I’m more positive than ever that I am burnt out by these properties and I am quite sure this will be a positive turning point for us. We will take this opportunity to move forward, unload some of our properties that have become more work than reward and start to refocus on the areas of Real Estate that have been most effective and rewarding for us. Hopefully SWAT boy uses this as a turning point for himself as well. Anyone out there interested in a slightly used rooming house with great cash flow?
glad it wasn’t a day of negative energy.
A remarkable story and liberating ending.
Hi Bill,
Send me some info on your rooming house that you are looking at selling. I might have someone who is looking for something like that. BTW… congratulations!
Joe
Hi there,
I googled my way to your site and, at a glance, see parallels between this tenant and one of mine. No drinking, but breach in terms of damage, disturbance, cleanliness. My problem is, I cannot get the tenant to communicate to me. I left a written warning yesterday that I would be entering the premises and inspecting for further damage and that eviction was imminent. No response. So reluctantly I think I’ll have to proceed with eviction, although your posted stories make the process seem exhausting. Any tips for quick resolution? Is there a standard eviction notice template available?
D
Great talking to you David, hope the info I provided in the emails and phone calls helped!
Hi
I have a room rented in my house and my tenent is living for free from 1st of Dec. How should i start eviction process.
I have not been in such situation before. I would be glad if you could guide me. I’m based in Brampton Ontario.
Thank You
Hi Ploto? Or is it Pluto?
There is a residential tribunal setup in Ontario that is apparently quite painful, but you may need to call them and confirm whether you fit under their act or are exempt. In Alberta if the premises are owner occupied and you rent out a room and share part of your property you fit under the Innkeepers Act which is great, you can evict immediately and the police even show up to help the people leave.
I did a quick search under Ontario Innkeepers Act and found the following,
(j) Owner-shared Accomodation
This exempt category is defined as:
… living accommodation whose occupant or occupants are
required to share a bathroom or kitchen facility with the
owner, the owner’s spouse, child or parent or the
spouse’s child or parent, and where the owner, spouse,
child or parent lives in the building in which the living
accommodation is located;
Essentially these are “license” accommodations [see Ch.1, s.2(b)], where the
licensee resides closely with the landlord or their immediate family. While such
accommodation are RTA-exempt, they would still be governed by the common law of
license.
This indicates you may indeed fall under the Innkeepers act, but you will need to verify if it is so your jurisdiction. If you are exempt from the Residential Landlord and Tenant Law it should be very easy to have them removed. Let us know how it works out!
I have a former friend who lived with us for approx. 5-6 weeks in 3 rooms of my home in Caledon Ontario. This person left to visit Nova Scotia for some possible work with their family and they informed us that they planned to return by mid August 2010. There is no written agreement between us. We we charging them for rent monthly and a separate amount for food on a monthly basis. We allowed them the option of working off the food debt per month by doing household chores. They have now decided to stay longer in Nova Scotia and have been paying small amounts every so often toward the August rent. We do not like having them pay this way as we expect the rent to be paid at the beginning of each month. They also did not pay any last month’s rent wither when they moved in. Now that they are staying longer in another province, they hav stopped corresponding with us and have not topped up their phone so that we cannot contact them. Unfortunately, they now have 3 rooms (and 1/3 of our basement) full of their crap and have not paid anything for SEpt. I did email them back in early August that we wanted them out by SEpt. 1st. They did not respond to this either. How long must we wait before we can get rid of his items? Do we have to wait a whole 3 months? Also what if he continues to deposit small piddly amounts of money into my bank account? I do not wish to accept his money. He does not have a bank account for me to return the money back to him? I refuse to have him store his possessions here any longer, even if he does pay in full in small amounts? Can I legally change the locks immediately?
Hi Melinda,
Ontario has an entirely different set of Landlord and Tenant rules and regulations and they are very pro-tenant out there, so I highly doubt you can change locks. Although there may be an exception for you as they are renting rooms out of your home.
Here is a link to the Ontario Landlord and Tenant information, hopefully it helps you out, http://www.ltb.gov.on.ca/
Hi Bill. I used to rent one of those rooms in the Beddington house. Just wanted to say that you are a good person and a great landlord. I realize that these rooming houses are a great deal of work and are very exhausting. You have helped so many people in need of affordable accommodations over the years. It is just too bad that the workload and problems outweigh the rewards. I just wanted to let you know that you have made a difference in many people’s lives and to thank you for all that you did to help me out when I knew you. Best wishes to you and your family. Darren
Pingback: 2010 Be Gone! | The Investors Housez – Your Calgary Real Estate Information Site