Ontario Tax Sale Property Forum
Sheriff Sales / Foreclosures => General Discussion => Topic started by: MikeS on June 01, 2011, 03:28:27 AM
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Anyone care to comment on how one would go about insuring an occupied tax sale if you are the winning bid? Obviously if a tenant is in there its should be easy enough, but what if its owner occupied? Will they even insure?
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You could find a great insurance company but you probably would need to get a removal order executed first. In the time between the owner could cause major damage but you have the recourse of suing afterwords.
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If it was occupied by a tenant, your first order of business would be to let the tenant know that you are the new owner, and that the rent cheques have to come to you...ask for post-dates on the spot, and if none are produced then start the eviction routine...tenants are protected under law and you can't just turf them out without due process. No doubt they will immediately begin to lay demands on you for property improvements that have been put off by the previous owner.
If the occupant is the previous owner, then they are trespassing (you can only occupy property that you own or have permission to occupy), and I would think that you could oust them under police escort. You could just skulk the neighbourhood and wait for them to leave for groceries or whatever, then break in and change the locks...and wait for them to return, with cell phone in hand (predialed to 911), make sure you have good cell reception in the area before you attempt this.
A law-suit against a dead-beat tax payer is likely going to be futile and simply drain your finances...any lawyer will tell you to go for it, since your resources will quickly become theirs. You might be able to convince an insurance company to give you liability insurance, but doubtful that they will insure the building until it is safe. Bottom line is, don't allow them to continue to occupy the property. 8)
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Frank, according to the Residential Tenancies Act, as a landlord you are not permitted to require post dated cheques and the tenant refusing to provide such will not permit you to begin the eviction process.
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Frank, according to the Residential Tenancies Act, as a landlord you are not permitted to require post dated cheques and the tenant refusing to provide such will not permit you to begin the eviction process.
Shows you how much I don't know. ???
I suppose you could still ask for them. If the tenant out and out refuses, and refuses to pay the rent to you, then you could evict for non-payment, but I think that has to occur over time...don't we get the first and last month anymore. You can tell I don't rent...not my bag.
I thought that you could evict if you were going to do a rehab of the property, and or occupy yourself...that sounds like a good line to use, and would probably pass all the necessary rent eviction tribunals...or whatever courts of the land prevail. I'm on a need to know basis...if I needed to know - I'd find out.
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Thanks to all for the input. I'm less concerned about a tenant, more about an owner
My main concern (as mentioned by Rob) is the time between possession and getting owner out....could technically see the house(and my investment) go up in flames. It would take a differnet type of idiot to try that but then again.....
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Frank, according to the Residential Tenancies Act, as a landlord you are not permitted to require post dated cheques and the tenant refusing to provide such will not permit you to begin the eviction process.
Shows you how much I don't know. ???
I suppose you could still ask for them. If the tenant out and out refuses, and refuses to pay the rent to you, then you could evict for non-payment, but I think that has to occur over time...don't we get the first and last month anymore. You can tell I don't rent...not my bag.
I thought that you could evict if you were going to do a rehab of the property, and or occupy yourself...that sounds like a good line to use, and would probably pass all the necessary rent eviction tribunals...or whatever courts of the land prevail. I'm on a need to know basis...if I needed to know - I'd find out.
You can ask for them but they dont have to provide... One of my property the guy said he needed to get more cheques and would have them for me in a week or two.... 6 months later and 5 phone calls later i gave up... dirt bag tenants are everywhere... This guy was shady and only wanted to pay in cash.
Also Yes you can evict if the lease is done and you wish you occupy yourself... BUTTTTTTTTTT they always dont leave when there supposed to. If they dont leave on the day they are supposed too it could take many weeks to apply for eviction to get them out. The process is heavily favoured for the tenants.