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Friend moving into new apartment, previous tenants are being difficult: HELP!
Hey Ashtray
Registered User regular
Registered User regular
My friend is taking a lease on a place starting technically tomorrow. (The first). She is on the lease, and has gotten 3 other roomates, which was her responsibility. The previous tenants promised to be out by noon today, and now they're saying 3 AM. I'm guessing that legally they have until right up to midnight tonight to get out of there, but after that what is my friends course of action? She's planning on calling the cops if they're not out of what will be her house by then.
This is Canada. Thanks!
This is Canada. Thanks!
[SIGPIC][/SIGPIC]
Hey Ashtray on
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They didn't sign an agreement to be out at any time except their lease, which ends August 31st. The promise to be out by noon was a favour that they have obviously disregarded, and was verbal. So we're not worrying about that, even though it's a dick move, because her and the other 3 want to move their things in.
You're best off just coming to an understanding. Move-in and move-out happening at the same time, perhaps offering some floor space/pillows/blankets if they need a place to crash. I've been in a similar situation before and just, you know, talking it out should lead to something worthwhile for both parties.
Unless they're dicks. Are they dicks?
They might be dicks for not holding up their promise, but being a dick isn't a crime.
It might since they (the OP) scheduled a moving company. Waiting an hour might be doable, but if the old tenants stick to midnight, the company will probably have to reschedule.
Why are they staying? To be purely dicks, or do they just help packing or something? Maybe offer to help. And whatever time you guys actually get in there, before you set a single box down, take pictures!!! Of the living room, the kitchen, the stove, the walls, the windows, everything.
the worst case scenario is, they won't leave, so you call the landlord, he comes over and tells them to leave, and if they still don't leave, he calls the cops and they make them leave. That's about it.
Great advice about the photos. Is there any way to make them more official? Does the camera putting the date on the photos make it official enough? Sorry if I seem pessimistic, but I'm sure everyone has horror stories of tenants/landlords, and avoiding our own little horror story would be great.
Take them in the morning before the post comes and then mail them to yourself (either printed out or on a disk). Don't open the envelope. That way, it's time/date stamped by the friggin government!
(This is known as the "Poor Man's Copyright" in the States and maybe elsewhere... but the principle applies)
Buy today's copy of your local major paper, and have someone stand in frame and prominently display the front page. Keep your copy of the paper for comparison.
Just playing Devil's Advocate, but I could buy today's paper and take a photo two months from now with it in frame...
https://twitter.com/Hooraydiation
But the only problem is that you can't really do anything if they are still there. You can't throw their stuff out, the landlord would need to get involved and even then a police / RCMP presence would be highly recommended.
This is probably resolved by now, but this is truth. This isn't a situation in which you will be able to use the law to force these people to do much of anything. While it may be a "dick move" to postpone their move-out, it really isn't anything beyond what you have to deal with on a day to day basis just, you know, living your life. It isn't like these people (from the information given) are staying for the sake of throwing that one last house-wrecking party, but people who have mistimed and mishandled their move-out. You're better off, IMHO, using this as an exercise in compromise to just work something out that both inconveniences and benefits each party a little bit.
I mean, if this were me (and I've been in similar situations) I'd try to work out a "let's move-in and move-out at the same time" agreement in which they clear the bedrooms (with locks, hopefully) first giving you a secure place to put your stuff while they waddle about completing their move.
Hell, if you want the fastest and easiest way of resolving this you could help them move their stuff that they seem incapable of doing themselves in a timely manner.
Just FYI Poor Man's Copyright is basically a myth. It's easily faked by sending yourself an empty envelope to stuff at a later date, so wouldn't likely be considered as definitive evidence in any legal proceedings.