tenant problem (lease, eviction, rental property, documentation)

[reddy11]

Hi Everyone

i have problem with the tenant and asked her to vacate the house. and she has done damages to the property, and has not paid the months rent. so i had filed a case for the recovery of damages and the tenant has cross cased for the recovery of 2 months rent because of her premature evicition. i had given her a months notice to evict. the hearing was on the 18th of nov and i got the letter form the rental board on the 19th of nov . when i asked for the extention they refused but yesterday i got another letter stating that the decision was made and i have to pay the tenant 2 months rent and also that i cant re-apply. the reason i had given for the evicition was that one of the family member was oing to stay there. but due to unavoidable circumstance they couldnt come so i let out the property to somebody else. now she has put this point in case. i have all the proof and documentation to prove she has lied to the rental board. what do i do

Thank you

[Ultrarunner]

Areas with Rent Boards often have very strict rules that must be followed...

Without specific knowledge of your jurisdiction, the best advice is to run it past your local Rental Property Owners Association. At the very least they will refer you to a local Lawyer specializing in Landlord/Tenant law.

[SuSuSushi]

Wait, let me see if I understand the OP correctly, since the post is admittedly a bit difficult to wade through.

OP has a rental unit, had a tenant he evicted and the reason he gave for the eviction was that he had a family member that was going to move in. Then after the tenant was evicted, the family member did NOT move in, and the OP put another unrelated tenant into the unit.

The first tenant found out about it, called shenanigans, and sued for being put out for fraudulent reasons? The judge found in her favor because she had evidence to back up her claim, and awarded her two months rent.

Is that about right? If so...then the tenant who was put out had every right to sue for being unreasonably evicted. I think you're going to have to pay. It's only two months, it's better than attorney fees and dragging it out. Pay her and be done with it, and next time find a solid reason for eviction rather than one that won't stand up in court.

[zman0]

Originally Posted by SuSuSushi

Wait, let me see if I understand the OP correctly, since the post is admittedly a bit difficult to wade through.

You missed the points that the tenant had damaged the property and not paid rent. Also, this wasn't a judge, it was a local rental board.

OP: Get a real estate attorney and appeal the case to the local court.

[aaauger]

You would have to get an attorney to address the board. But keep in mind that a lawyer can cost more than you might recover. And you might recover nothing.

[SuSuSushi]

Originally Posted by zman0

You missed the points that the tenant had damaged the property and not paid rent. Also, this wasn't a judge, it was a local rental board.

OP: Get a real estate attorney and appeal the case to the local court.

Then that's what the OP should have based the eviction on, not some relative wanting to rent the place. Why wouldn't they use that as their reason? Something is fishy here.

It sort of sounds like they just wanted the tenant out, used the "relative moving in" as an excuse, and now that they've been caught red-handed they're claiming damages and non-payment. Now of course I do not know if that's the case, but I don't think we're hearing all the facts here.

[ESFP]

Originally Posted by SuSuSushi

... Something is fishy here...

I didn't see anything about a lease, either. With no lease, a month-to-month agreement can be cancelled by either party for no reason at all. I've never heard of this type of confusion, but it sounds like a job for a lawyer. Or, give the benefit of the doubt, accept the mediation and pay, and move on. That's the options I see. I don't know...

[reddy11]

the moving of relative is not a hoax. its bcoz they didnt get visa to canada they couldnt come and the niece is studying here and she cant pay for the rent. so in the mean time i have rented it out to another person.. more over the areement with the tenant was just of one year but she claims that it was a 24 month lease for which i have the tenency agreement which she has signed. moreover she used to smoke 24/7 and the whole property is stinking of the smoke and i am allergic to smothing they used to stay in our basement and all the smoke comes into my room. i called the rental board daily and they said the decision is not been made but on 2 dec all of a sudden i got the letter saying decision is made. is it riht on the part of the rental board to give such decision

[reddy11]

and more over the property was let for 2 people she n her son, but she used to get her boyfriend and his son and stay there she used to do baby day care for her friends daughter which is not in the agreement. over that after she was evicted she tresspassed the property and took information of the present tenant from another tenant in my house. and forced them to witness against us.

[ShaneSA]

You keep adding details. Did all this information get presented to the rental board? Did the board get a copy of the lease? Did the lease state no smoking? Did the lease say for residential purposes only, no business can be conducted in the residence? Sounds to me like you handled it wrong and now your mad and stuck. I don't know Canada laws or how it is handled there, but it sounds like you have no more recourse.