Rental Problems

September 1st, 2010 · 10 Comments · Property Management, Rental Property

A while back I wrote a post called Landlord – Death Edition. It was about a rental I was doing for a very nice senior, who ended up in Hospital. I had no idea where he was or his status and no way to find out.

The Landlord OK

A few weeks later he showed up again, feeling better. I continued trying to find a suitable tenant, finally I found an extremely nice professional lady. I thought she would be an awesome fit for his place. I got the deposit and sealed the deal. The landlord was happy, I was happy, the tenant was happy. There was so much happiness, we tempted the fates, Murphy Law’s came a knocking and screwed everything up.

Backing Out Of The Agreement to Rent

A few days ago, the owner calls me…his son having marital trouble and moving in. Crap. I have to get the owner out of the deal. Uggh. I felt really horrible about it too. The tenant was really nice; I didn’t want to do it at all. Finally today I caught myself and I had to tell myself to just tell her, and the sooner I told her, the sooner she could get about the business of getting finding a new spot. As Murphy would have it, we played phone tag all day, finally I just emailed her the bad news. I felt better after that, then she called me and she hadn’t read her email so I had to tell her that she wouldn’t be getting the place after all. I made arrangements to return her money back to her. She was of course great and understanding about everything. “Of course he has to take care of his family” she told me.

Not A Tenant Until Legal Possession

Legally this kind of situation is no problem. She’s not a tenant with rights until the day she has legal possession. Morally, the owner did make a commitment and renege because of unforeseen circumstances. In this case it was his son, but it could have been a flood or some other problem.

So if anyone’s looking for an awesome super nice tenant for their apartment in the Toronto Beaches or Danforth area, I know an awesome one. She’s looking for October.

If you like this article sign up for free Email (Upper Right) or RSS subscription. Today’s deal is a free nap. You can save it for a rainy day or use it up right away. I won’t even tell you when to take it. This blog is too generous. You’re so lucky!

Tags: ·

Get Your Free Landlord Documents Now! 

10 Comments so far ↓

  • jesse

    So a contract for tenancy isn’t valid until the start date? That sounds a bit odd. If the signed agreement states the start of tenancy it sounds like a legal contract to me.

  • Jordan

    If I were the tenant I’d be furious.

    All the more reason for tenants to sign a lease as soon as possible.

    • Rachelle

      Yeah, I would be too. It really sucked all the way around. I really don’t enjoy this part of my job. It doesn’t happen often fortunately, in fact I don’t remember the last time it happened.

  • Andrea

    I am a tenent who gave my landlord 2 months notice that I will be moving out (with my boyfriend). My bf and I broke up and now I have potentially lost my apartment as well. I contacted my landlord to see if I could stay. He said he has a tenant’s application and deposit, however he will try to talk to her about finding another place and letting me continue my tenancy. Is this legal or am I putting my landlord in an even worse spot than I thought?

    • Rachelle

      It is legal and the landlord kind of has to keep you instead of rent the apartment to someone new. The reason why from a practical perspective is that if you don’t move out at the end of the tenancy on the day when you are supposed to the landlord would then have to apply to the landlord & tenant board for eviction as an overholding tenant. This can take several months. So the landlord could technically kick you out but…the first tenant would likely be long gone by the time you were.

      Plus from a risk perspective, the tenant you know is usually better than the one you don’t know.

      What you need to assess at this point for yourself is… can you afford the apartment on your own comfortably? Are you going to want to live there sometimes it’s hard to live in a place with lots of memories. As someone who has dealt with a lot of these issues most people cannot afford the apartment down the road and end up in a precarious financial situation.

  • Andrea

    Also, my landlord and the new tenant have not signed a lease yet.

    • Rachelle

      This is one of those situations where the law is not very great for dealing with the matter. Even if he had he couldn’t really do anything in time…

  • Andrea

    Thanks Rachelle. Turns out she was very understanding and hadn’t let her old place go. So it worked out as best as it possibly could have. I appreciate the advice. Great site!