I am a landlord. our tenant is abusing suite and the olace is filthy. how do I evect them. Extremely filthy. The tenant

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Customer: I am a landlord. our tenant is abusing suite and the olace is filthy. how do I evect them.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Extremely filthy
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: the tenant is renting month by month
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have warned them to clean the place up in the past
Answered by DAVID WEGNER in 2 mins 1 year ago
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DAVID WEGNER
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DAVID WEGNER
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DAVID WEGNER
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DAVID WEGNER, Expert

Hello, my name is ***** ***** welcome to JustAnswer. I will be the attorney who will be working with you today. I saw your question in the queue and thought that I may be able to shed some light with your issue. JustAnswer may offer a call option but ignore that if you are not interested.

This is a back-and-forth chat format. Some questions require more detailed answers than others. If it takes a moment for me to respond it is because I am indeed working on answering your question so you can expect a thoughtful, informational response.

David

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DAVID WEGNER, Expert

First off, I am happy to meet you and hopefully we can get you the legal information you need to move forward.

With a month to month lease, the easiest thing to do is to vacate the lease at this point. It requires written notice and a short period of time, then an eviction for holdover if they don't vacate. That being said, it differs from place to place, so if you could let me know where you are located, it would be a great next step to getting you a clearer answer.

I do certainly hope you find this information helpful. My goal is to make sure you satisfied with the information provided. In the event you have any further questions or need further information, please feel free to reach out.

David

Customer
The apartment is located Kamloops BC and there is no lease just rent month to month
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DAVID WEGNER, Expert

Ah, ok. So this is in Canada. I will opt out for a Canadian attorney. In the meantime, you may find some guidance from your local LTB website.

Customer
Simply need to know our rights as an owner before approaching the tenant
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DAVID WEGNER, Expert

Hi and thank you for using JustAnswer.  My name is***** will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am a licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Before we get started, can you tell me how long this person has been a tenant?  Is it a multi-unit rental property?  Can you be more specific regarding filth? (I ask because it can be subjective).  Have any infestations resulted from the condition of the unit?  Thanks.

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DAVID WEGNER, Expert

I believe what you will have to do is a s.47 cause to end the tenancy with a 30 day notice period.  I have attached the necessary form.  You will argue that the tenant has done one of or all of the following:

1. significantly interfered with or disturbed another occupant or landlord of the property, or

2. seriously jeopardized the health or safety or a lawful right of the landlord or another occupant of the property, or

3. placed the landlord’s property at significant risk.

You will have to serve the form on the tenant and file with the Residential Tenancies Branch ("RTB").  You can expect resistance and the likelihood of a hearing where the tenant will be able to resist the eviction.  If you succeed you will seek an Order of Possession and then take that Order to the BC Supreme Court and get a Writ of Possession.  That Writ of Possession will have to be served on the tenant by a local bailiff and then the eviction can occur.  The tenant may stay beyond the eviction date.  That's called overholding and you would be owed rent or you could hire a court-approved bailiff and the tenant can be removed along with his belongings and may, if collectible, be responsible for the costs of that process.

Eviction is not easy and can take longer than you would like.  I would recommend retaining a lawyer.  If you do not have someone in mind, visit the Law Society of BC website and use the find a lawyer feature.

I hope this helps.  I am available to answer any other questions you may have.

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