waiting

beaufoy

I understand

Claw Hammer

beaufoy wrote: »

I understand this makes me sound like a capitalist pig but here goes. I gave notice to vacate to a tenant several months ago, and he has already surpassed the notice using covid legs.He has contacted the RTB saying some naughty things about me. I have also said some naughty things about him but in my naughty statements i have included evidence to back up accusations of sub letting without permission, destruction of furniture(and refusal to pay for replacement) and trying to sell me my own furniture. When i gave notice to vacate i sited my desire to live in the apt as a reason but as it transpires i am now not 100% sure I will need to live in the apt. If i decide not to use the apt as a home do I have to cancel the termination notice

Did you previously complain to him in writing about the matters you are now complaining to the RTB about?

guyfawkes5

beaufoy wrote: »

I understand this makes me sound like a capitalist pig but here goes. I gave notice to vacate to a tenant several months ago, and he has already surpassed the notice using covid legs.He has contacted the RTB saying some naughty things about me. I have also said some naughty things about him but in my naughty statements i have included evidence to back up accusations of sub letting without permission, destruction of furniture(and refusal to pay for replacement) and trying to sell me my own furniture. When i gave notice to vacate i sited my desire to live in the apt as a reason but as it transpires i am now not 100% sure I will need to live in the apt. If i decide not to use the apt as a home do I have to cancel the termination notice

The statutory declaration you made for the original eviction notice is no longer valid if you don't plan to live there at all. I don't know what this means for the ongoing eviction process.

RossieMan

You will not be able to put it on the rental market without first offering it back to the tenant, they'll have a field day with the rtb otherwsie.

guyfawkes5

At the very least, you will not be able to rent the property again for twelve months (unless you plan to offer it to the previous tenant first).

beaufoy

I might still decide to live in the apt. I might still need to live in the apt, or I might live in the apt for 2 years just to get rid of the tenant

RossieMan

That's a lot of mights. Mights don't cut it if you break the rules and rent it to someone else, you'll end up back in the rtb with a nice chunk of change going to the tenant.

theteal

Thread lightly OP. The tenant might decide to stop paying rent and it might take about 2 years to get them out.
I wouldn't be so wishy washy about your intent to live in it, you've no grounds to end the tenancy if you're not. This could well be costly for you.

beaufoy

How about this then I might need the apt next jan would it be possible to postpone the termination of the tenancy rather than cancel it and have to start a new termination process next jan. Before answering take into account that until next jan I will not know if I need the apt. If I cancel the termination and then need the apt next jan then i will have to give another six month notice which will take us to july and be homeless during said period then come June find another place and not need my apt

Pkiernan

beaufoy wrote: »

How about this then I might need the apt next jan would it be possible to postpone the termination of the tenancy rather than cancel it and have to start a new termination process next jan. Before answering take into account that until next jan I will not know if I need the apt. If I cancel the termination and then need the apt next jan then i will have to give another six month notice which will take us to july and be homeless during said period then come June find another place and not need my apt

This is too messy.
Keyp the original termination date and leave it empty if need be.
The RTB despises landlords.

the_syco

beaufoy wrote: »

i have included evidence to back up accusations of sub letting without permission, destruction of furniture(and refusal to pay for replacement) and trying to sell me my own furniture. When i gave notice to vacate i sited my desire to live in the apt as a reason but as it transpires i am now not 100% sure I will need to live in the apt. If i decide not to use the apt as a home do I have to cancel the termination notice

If you let him stay, he'll feel he has "won", and will do the same the next time you try to evict him, as he'll think that if he wrecks the place, he'll "win" again.

Look at the damage cause so far, how much damage he may yet do, and add loss of rent that may incur, and then compare that to a year of no rent.

RossieMan

I assume you're an accidental landlord OP? Awful position to be in, it's a lose lose for you either way. You can't postpone, your tenant will never leave come January as they know you haven't a leg to stand on. Unless your tenant relationship is good, which it doesn't sound like it is.