Termination of contract in pool rentals

[EAG]

Hi,

I have an apartment in Edmonton and since two years ago we had a company managing it as a rental pool. We are planning to sell the apartment so, we asked the company to ask the tenant to leave by Dec 1, when the contract was coming to an end. We were planning to get the income from these months, until Dec 1 from the rental pool.

When the company told the tenant they would have to move out by Dec 1, the tenant decided they wanted to move earlier to avoid moving in the winter, however the company didn't let us know until this week, exactly a month after the tenant actually left. They said they have already removed us from the rental pool since September, so we are not getting the income of Oct and Nov. Is this legal? I would assume they still have to pay us for these two months as they didnt inform us that the tenant had left.. does anyone have any idea if something can be done in this case?

Thanks,

[eldon_siemens]

Without reading your management contract, I can't comment. You didn't say when you notified the managers about your intention to sell, and also don't say whether the "contract" was the one with the management company or whether it was the tenant's lease. You also don't say where you live, but in Alberta you can't just give a month-to-month tenant 90 days notice to vacate until you have an unconditional sale of the unit with a possession date at least 3 clear months in the future. Maybe the tenant didn't know his/her rights in this matter, but that is a moot point now.

If you would like some advice, feel free to contact me. BTW, you should never list a property for sale in November or December unless absolutely necessary (but I guess your vacant unit now qualifies). The best time to list is February or March IMO.

[thomasbeyer2000]

Hi,

I have an apartment in Edmonton and since two years ago we had a company managing it as a rental pool. ... They said they have already removed us from the rental pool since September, so we are not getting the income of Oct and Nov. Is this legal?

usually, as soon as you give notice to sell, and your unit is vacant, you are removed from the pool. Therefore, in your case, it may be legal.

Yours Sincerely,

Thomas Beyer, President
Prestigious Properties Group
T: 403-678-3330 E: tbeyer@prestprop.com

Don't wait to invest in real estate - Invest in real estate and wait ! ™

http://www.prestprop.com

Preview book chapters of my new book .. on my personal blog here: 80 Lessons Learned

Investing your LOC, RRSP or cash with us means: Become a Landlord - Without the Hassles ! ™

[Karola]

A rental agreement can generally be terminated pursuant to the terms of the agreement itself.

[Olivio]

Does anyone have any comments on this situation?

[firstchoice]

I think you should get income for these two months not from the tenants but the company as You expected the money, they did not let you know, but you expected so the company should give the compensation..