Still Occupied?

[MikeS]

Does anyone have experience with obtaining a tax sale that is still occupied? What is the process of evicting?

Also, how do you go about insuring?

[Les Pisrael]

  Bruce,the first thing you have to do is make sure you got the deed  and the RIGHT  the property. Speak to the occupier and speak to him nicely and see his intention of moving or see if he is willing to rent. Make sure you keep your distance and have a witness. If the person is a tenant or Previous owner--does not matter.Send a notice and registered letter to vacate and give 30 days. When the 30 days ends and if the occupier does not leave, proceed to the local Ontario Sheriffs office and request eviction notice. Very simple and the rest that department will handle it. Caution: when occupied and the family refuses to leave and is in a smalll community--your new investment might go up in flames- and rest community might hate your guts. Stay away from occupied properties unless you are 300 lbs ,swift on the feet, wrestler and nerves of steel. If you are a city guy and won't move in as resident--expect the house to disappear  in smoke

[pjdd]

Does anyone have experience with obtaining a tax sale that is still occupied? What is the process of evicting?

Also, how do you go about insuring?
[The experience I have had with occupied tax sales is that 99.9% of the time they will be redemmed. With the process of evicting I would generally agree with Les. It could get ugly /quote]

[MHT]

Bruce,the first thing you have to do is make sure you got the deed  and the RIGHT  the property. Speak to the occupier and speak to him nicely and see his intention of moving or see if he is willing to rent. Make sure you keep your distance and have a witness. If the person is a tenant or Previous owner--does not matter.Send a notice and registered letter to vacate and give 30 days. When the 30 days ends and if the occupier does not leave, proceed to the local Ontario Sheriffs office and request eviction notice. Very simple and the rest that department will handle it. Caution: when occupied and the family refuses to leave and is in a smalll community--your new investment might go up in flames- and rest community might hate your guts. Stay away from occupied properties unless you are 300 lbs ,swift on the feet, wrestler and nerves of steel. If you are a city guy and won't move in as resident--expect the house to disappear  in smoke

If it is a tenant then 30 days notice isn't going to get you anything.  It would surely fall under the residential tenancies act and you would need to give 60 days notice from the beginning of a rental period.  Even with that, you would need to be moving in yourself or a family member or be performing major renovations as per the act....you can not just kick them out.  Then just hope that they do not have a lease in place or you will be waiting until the end of the lease regardless.  By the looks of most tax sales, the home going up in smoke might be a best case scenario.

[Dave2]

Bruce,the first thing you have to do is make sure you got the deed  and the RIGHT  the property. Speak to the occupier and speak to him nicely and see his intention of moving or see if he is willing to rent. Make sure you keep your distance and have a witness. If the person is a tenant or Previous owner--does not matter.Send a notice and registered letter to vacate and give 30 days. When the 30 days ends and if the occupier does not leave, proceed to the local Ontario Sheriffs office and request eviction notice. Very simple and the rest that department will handle it.

Les:

I am awful cautious about buying an occupied dwelling. If someone follows your advice they maybe hung drawn and quartered.  Why? because If you don't follow very carefully the Landlord and Tennant board rules you are liable to the tennant.  Lets look at an actual case and see some of the claims.  Sorry for the long post but people got to realize the sinkhole you might face.  In this one the tennant claimed that he made over 20 moving trips.  

I could also show where you could be liable for providing nominal rent if he or she claims a lease.

http://www.canlii.org/eliisa/highlight. ... 12024.html

The Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants.

These applications were heard in Guelph on December 21, 2009. The male Tenant and the Landlord attended the hearing. The Landlord was assisted by a friend who agreed to interpret the proceedings for her.

Determinations:

1. The Tenants moved out of the rental unit because the Landlord gave the Tenants a notice of termination claiming the Landlord?s brother required possession of the rental unit.

2. The Tenants moved out of the rental unit based on a notice of termination claiming the Landlord?s brother required possession of the rental unit.

3. The Landlord gave the Tenants the notice one day after receiving a list of repair issues from the Tenants. The Act does not permit a Landlord to serve a notice of termination for a family member other than spouse, child, parent or caregiver. I am satisfied this Landlord?s careless disregard for the Tenants rights gives rise to bad faith.

4. Although the notice was invalid because it was not given to the Tenants on the prescribed Board form the Landlord remains liable. S. 57(1) of the RTA makes no reference to valid or invalid notices. Therefore, even defective notices can be given in bad faith.

5. I am satisfied the Landlord substantially interfered with the reasonable enjoyment of the rental unit with contracted repairs to the driveway or the toilet.

6. I am not satisfied the Landlord interfered with the Tenants reasonable enjoyment when they chose to change their locks.

7. I am not satisfied the Landlord interfered with the Tenants reasonable enjoyment when the hot water heater malfunctioned for 5 days. On the contrary, the Tenants were given $150.00 as monetary compensation from the Landlord.

8. Maintenance issues are not properly brought on a Tenant Rights application. Accordingly, all maintenance issues raised in section 8 of the Tenants Rights application are denied.

9. The Tenants request for a $450.00 abatement for the month of September 2009 is allowed because the Landlord failed to return the Tenants full last month rent deposit.

10. The Tenants request for increased rent of $1200.00 for the one year period from the date they moved out of the unit is allowed.

11. The Tenants request for $4407.00 moving expenses is excessive. Their claim is based on 24 round trips from Guelph to St. Catharines. No information was given as to why the Tenants materially changed locations. Accordingly, the claim is reduced to $500.00.

12. I do not find an administrative fine appropriate under these circumstances.

It is ordered that:

1. The Landlord shall pay to the Tenants a rent abatement of $2150.00.

2. The Landlord shall pay the Tenants the full amount owing by January 30, 2010.

3. If the Landlord does not pay the Tenants the full amount owing by January 30, 2010 he will owe interest. This will be simple interest calculated from January 31, 2010 at 2.00% annually on the outstanding balance.

[DF1]

And then people whine and cry that there no affordable housing! Who would want to rent out a property when the renter holds all the rights?

[baller50]

And then people whine and cry that there no affordable housing! Who would want to rent out a property when the renter holds all the rights?

Its all about getting the good tenants .... so many dirtbags out there....

Im fighting with one now that wont leave !! BS

[Pfm1011]

And then people whine and cry that there no affordable housing! Who would want to rent out a property when the renter holds all the rights?

For many years I was a tenant as my job had me moving alot. I was a wet dream tenant,, always rented large houses in expensive areas..IE Ancaster , always  paid my rent on time, never called the landlord unless extreme  , always handled the repairs myself as its quicker to replace a tap then to hang all day and wait for plumber etc..

I always maintained the properties better then most owners and  the houses were always much better after I moved out then before ..and without fail every landlord I had was a complete douchebag and always tried a scam .   They all tried the renew the lease at one year scam.. or try raising rent stupid amounts, . Even had one who let a new tenant move in while I had moved out and transferred overseas, I paid up to year end and moved out in November . Douchebags allowed new tenants to move in a month early while refusing to let me out early or buy back the last month    , They figured I was out of country and would never figure out the scam.   That got me 4 months rent back , Landlord "agreed"  it was better then me seizing the new tenants gear and  then getting sued by me and the new tenant

Had another try to make me repair an inground pool with a cracked pipe and cracked heater ..which they had inspected and had qoutes to repair 6 months before I moved in. They didnt know I knew the previous tenant before they tried the scam and another who tried to claim 20 year old  central air  replacement is a tenants responsibility

People bad mouth tenants but in my experience  landlords are way scummier then most tenants.  There may be professional scum bag tenants but way more scumbag landlords who forget that the tenant pays the mortgage ..


Dave in the case you cited, They were tenants as it says they paid first and last and the landlord was a slumlord

"The Landlord gave the Tenants the notice one day after receiving a list of repair issues from the Tenants".


" I am not satisfied the Landlord interfered with the Tenants reasonable enjoyment when the hot water heater malfunctioned for 5 days. On the contrary, the Tenants were given $150.00 as monetary compensation from the Landlord."

What sort of douchebag leaves a tenant without hot water for 5 days, too cheap to hire a plumber , 150 clearly doesnt cut it if you cant have a shower for 5 days  


"Maintenance issues are not properly brought on a Tenant Rights application. Accordingly, all maintenance issues raised in section 8 of the Tenants Rights application are denied."


The tenants used the wrong form so they didnt get money back  for the lack of repairs .

The tenants were idiots claiming all the moving trips but clearly there was very bad blood which one would expect after living in a shithole and not having a bath for 5 days and it appears that everything took forever to fix since the panel found that toilet repair denied their right of quiet enjoyment,.... I guessing she used a friend of a friend of a cousin twice removed who worked in the warehouse at home depot for a week to attempt to fix a toilet and turned it into weeks of  dicking about and 20 trips as he tries to fix it.  


" The Landlord was assisted by a friend who agreed to interpret the proceedings for her"  Im sure her english was good when it came to getting rent but became real bad when you need something fixed

 

As per renting to the occupier of a tax sale property.....open your mouth , insert barrel and pull trigger..