Rescinding Notice

Gotta love it.

Our current tenant-from-hell received an N5 re: the mess in the yard on 10-Oct. She did not clean it up, so we were well within our right to file for an eviction - but I didn't BECAUSE she gave notice.

Less than 60 days notice (which is required both by law, and in our rental agreement) and even less than 30 days (which is what we typically actually expect & get) ... but we happily accepted it. She was supposed to be out by 30-Nov. YAY!!

More fool me.

Here it is December 1 and guess what? *sigh*

It has been SUCH a fun week. Or not.

Last Tuesday, I stopped by to tell CS that I would like to show the apartment at 2 p.m. on Thursday. Well in excess of the required 24 hours notice.

She indicated that she didn't have any place to go and "might" want to extend her tenancy. Now, according to the Landlord and Tenant Act I could have just said no. And really, I did want to just say no - for a multitude of reasons, not the least of which is shown here:

1-Dec-2012. After having received not one but 2 N5 notices.

But it is December, and she does have small kids, so even though she is a scam artist, thief and royal pain in my butt, I did speak with her about what we would require to allow her to rescind her notice.

Since she used her last month's rent deposit for November, she would need to both pay December's rent and repay the last month's rent deposit. She would also need to work out a plan to repay additional amounts owing, which include $250 withheld for parts for repairs they insisted they wanted to make, and another $250 for the clean  up of the yard and dump fees. That is, btw, more than reasonable and charges her nothing for my husband's labour - the dump fees and garbage tags totalled $175; the remainder was paid to the helper who provided both labour and his truck.

And because I already have a new potential tenant, I very clearly stated, repeatedly, that she would need to let me know what she and her partner (who is not on the lease, and more than likely, also not on record with OW as living there) decided as I needed to let that tenant know what was going on.

Neither confirmation, nor rent of any sort, was forthcoming on Wednesday, so I proceeded to confirm my appointment with the new tenant. On Thursday morning, just to be on the safe side, I asked my husband to stop by and remind her that we were coming, which he did.

When hubby, I & the new tenant arrived, CS' sister - a particularly ~lovely~ young woman - not only denied us access, she also informed us that CS would not be moving, and that if we did attempt to enter the unit, she would "sic" the rottweiler (brought in to visit especially for the purpose; it doesn't normally live there) on us.

We called the police, who eventually arrived and refused to force the issue because - stupid me - I gave CS the notice and didn't think to snap a picture of her accepting it, I guess - won't make that mistake again.  We served yet another 24 notice for access on Friday, at which time, with police again in attendance, I served CS with another N5 re: the condition of the yard, and received from her a list of items she wants repaired (SO worth another post all of its own!) and finally a key to the front door (which we have been asking for for more than a month).

Must. Love. Landlording.