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Alty · Jan 10, 2017, 04:47 PM

I'm asking this for a friend.

Long story short, he's been renting a room with two friends, a couple. The friends split up, one moved back to Ontario (very far away from Alberta), then the other friend had a horrific car accident on her way to visit her family in Ontario (her 3 kids and her parents live there), and now, months later, she's went to Ontario to visit like she had planned, and has now decided she's not coming back, is back with the loser she dumped, and wants to stay in Ontario.

The lease on the house is in her name, but she already talked to the landlord and the landlord agreed that my friend could stay in the house, have the lease transferred to him, but he would have to pay first and last months rent since it would be considered a new lease, even though he's lived there for years. Also, he's now the only one left, whereas before the rent was split 3 ways, he would now have to pay the entire rent, unless he can find room mates. He has until the end of January to come up with the rent or he can't stay. He is currently unemployed (because of his room mates) so coming up with this money isn't going to be easy.

Now for my actual question. All of his former room mates stuff, is still in the house. Both people went to Ontario presumably just to visit, so they only packed essentials they'd need for a few weeks. All their furniture, tools, a cat, an aquarium with fish (he'll be keeping the cat and finding a home for the fish) winter clothes, utensils, TV's, gaming systems, etc. etc. is still in the house. Now, if he can't get the money together to put the lease in his name, he'll pack up his stuff (and the animals) and leave, and the landlord will have to deal with it, and the previous tenant on the lease. But if he stays, how long does he have to keep their stuff for them before he can get rid of it? Is he obligated to store it for them, and if so, does he have to pay for the storage (they both owe him over $2000 that he's already determined he'll never get back) or can he just sell it which would really help him get the money to stay in the house?

If he stays he has to get room mates. Some of the furniture he's okay with keeping in the house, the furniture in the common areas like the kitchen, the family room, the dining room. But the bedrooms would have to be emptied for the new room mates, and new room mates will likely also have stuff they want to bring that won't fit into a bedroom.

So how long is he obligated to store the stuff they left behind? Also, how far does he have to go to ensure their stuff is safe? He can't and won't spend money on storage for their stuff, so what are his options?

This is in Alberta, Canada.

CravenMorhead · Jan 10, 2017, 05:05 PM

If his name is NOT on the lease, I would advise him to take his stuff, and ONLY his stuff, and find a new place. Let them take care of their own crap.

That is just the vengeful side of me would say not to tell them anything, but he should contact them and tell them what is going on.

The former leasers who moved to ontario are taking advantage of him and that's not nice. There is a point to which he should be accommodating but I think this is too much of a burden for him. The former leasers are responsible for their own stuff, I don't think he is there anything he is obligated to do unless his name is on the lease.

I don't think, and I would advise your friend of this, he should stay there even if he could find room-mates. Goodness knows the vacancy rates in Alberta are such that it's a Renters market. He should get out and get something he can aford on his own. Or move provinces too.

Good luck for your friend.

Alty · Jan 10, 2017, 05:27 PM

Craven, I totally agree with you, but, there's a but.

He's currently unemployed, so finding a new place would also require a first and last month deposit, and he'd likely not find a place as cheap as this, and he'd have to re-home the cat and fish that aren't even his. It's a 5 bedroom house, with a gorgeous fenced in yard, and a huge garage that has been turned into a shop which he uses to make money.

If he moved he'd be moving in with friends until he finds a new job (he had a job, a business, with the first room mate, who moved and left him without a partner and left him unable to continue running the business). These people have screwed him over every way possible, and then some. I could write a book about it.

Staying in the house would be beneficial to him. He'd be able to continue making things to sell until he finds a full time job, or perhaps another partner to continue the business he started, which was doing very well before his partner and room mate left because of the break up with the other room mate. He wouldn't have to worry about packing all his stuff and storing it because none of the friends, us included, that offered him a place to stay until he can find a new place, has room for everything.

His plan right now is to do everything in his power to find the money to stay in the house, and find new room mates, and a new partner and a full time job until he can get a new partner and start up the business again.

$1200 a month for a 5 bedroom house is a really really good deal, it's less than I pay for my mortgage and even though our house is newer, it's not nearly the size of this one. In Alberta (depending on where in Alberta you live) you'd be lucky to get a one bedroom apartment in a crap neighborhood for $1000 a month, not including utilities, and no pets allowed, and no yard, or shop.

I'm rooting for him to find a way to stay where he is, because it's a really great house, and the price for rent is amazing. But he only has until the end of January and just found out today that the second room mate isn't coming back. Doesn't give him a lot of time to get all his ducks in a row.

He just really wants to know if he can sell off some of their stuff to help cover the cost for the first and last month rent the landlord is asking for to put the lease in his name. He's already advertising for room mates, but it's January 10, he has 21 days to fish or cut bait. Actually, not even that long, because if he can't do it he has to pack his stuff and be gone in 21 days.

It's a cluster f&%k. Big time.

Hoping karma deals a swift hand at these two deadbeats that left him in this mess.

joypulv · Jan 10, 2017, 07:06 PM

In the US, there are laws protecting the household items from being sold off. In many states, the landlord even has to put them in storage for a month, and that's after exhausting all the certified letters and such.
Now the roommate... sure, he 'can' sell because he's able to sell, and all anyone can do is sue him in small claims, which they probably aren't going to do. But it sounds like he never sent even 1 certified letter, and by taking care of pets he showed tacit agreement, so.... it's up to him.

J_9 · Jan 10, 2017, 08:44 PM

Is this the same couple? https://www.askmehelpdesk.com/other-...do-828264.html

Alty · Jan 11, 2017, 03:16 PM

Yup, same couple J.

CravenMorhead · Jan 12, 2017, 08:37 AM

Originally Posted by Alty

Craven, I totally agree with you, but, there's a but.

He's currently unemployed, so finding a new place would also require a first and last month deposit, and he'd likely not find a place as cheap as this, and he'd have to re-home the cat and fish that aren't even his. It's a 5 bedroom house, with a gorgeous fenced in yard, and a huge garage that has been turned into a shop which he uses to make money.

If he moved he'd be moving in with friends until he finds a new job (he had a job, a business, with the first room mate, who moved and left him without a partner and left him unable to continue running the business). These people have screwed him over every way possible, and then some. I could write a book about it.

Staying in the house would be beneficial to him. He'd be able to continue making things to sell until he finds a full time job, or perhaps another partner to continue the business he started, which was doing very well before his partner and room mate left because of the break up with the other room mate. He wouldn't have to worry about packing all his stuff and storing it because none of the friends, us included, that offered him a place to stay until he can find a new place, has room for everything.

His plan right now is to do everything in his power to find the money to stay in the house, and find new room mates, and a new partner and a full time job until he can get a new partner and start up the business again.

$1200 a month for a 5 bedroom house is a really really good deal, it's less than I pay for my mortgage and even though our house is newer, it's not nearly the size of this one. In Alberta (depending on where in Alberta you live) you'd be lucky to get a one bedroom apartment in a crap neighborhood for $1000 a month, not including utilities, and no pets allowed, and no yard, or shop.

I'm rooting for him to find a way to stay where he is, because it's a really great house, and the price for rent is amazing. But he only has until the end of January and just found out today that the second room mate isn't coming back. Doesn't give him a lot of time to get all his ducks in a row.

He just really wants to know if he can sell off some of their stuff to help cover the cost for the first and last month rent the landlord is asking for to put the lease in his name. He's already advertising for room mates, but it's January 10, he has 21 days to fish or cut bait. Actually, not even that long, because if he can't do it he has to pack his stuff and be gone in 21 days.

It's a cluster f&%k. Big time.

Hoping karma deals a swift hand at these two deadbeats that left him in this mess.

Has there been any communication between them? He has to tell them that they need to move their stuff OR it's going to get sold. He might be able to store some of it in the garage or a spare room... But he has to give them a chance to get it before he gets rid of it.

I would get him looking for roommates.

Alty · Jan 12, 2017, 10:30 PM

Not sure if he's been in contact with them since the female room mate messaged him to tell him she's not coming back. He did post on a few sites in search of room mates. Hoping he finds them soon.

Not sure how they'd get their stuff to Ontario from Alberta. It would cost a fortune to ship it. Not worth it imo. But if they want to do it, he's willing to pack up their stuff, but they have to arrange for pickup and shipping, and of course they have to pay for it, which they're not in a position to do. But they're both very good at getting people to lend them money they have no intention of paying back, so someone could very well fund it for them. But my friend is not going out of his way to help them. He's too busy trying to figure out what he's going to do, and if he has to leave he has to pack all his stuff, and find a place to go.

If he can't stay in the house he plans on just leaving their stuff behind, let the landlord deal with it.

Alty · Jan 13, 2017, 01:37 AM

And it just keeps getting worse.

Just talked to my friend. The landlord visited today, said that if my friend is going to take over the lease he needs the damage deposit, $1200, by Saturday. This Saturday. So two days to come up with $1200. Is that even legal considering the rent is paid up until the end of the month?

My suggestion was to talk to his former room mates who owe him $2000, suggest that they put their refunded damage deposit in his name. In other words, instead of them getting their damage deposit back, which the landlord would be obligated to do, they give it to my friend to cover his damage deposit, and he'll forgive the extra $800 they owe him. Now, considering that I know they have no intention of ever paying him back the money they borrowed, I'm sure they won't go for this, but if there's even an ounce of decency in them, this is a win win for everyone.

He has two people willing to move in by the beginning of February, but those two people can't spend extra right now on a damage deposit. At the end of the month, yes, but not by Saturday.

Our friend is coming over to our house this weekend, he needs to have a weekend to vent and be with friends. Next weekend we're going over to help him pack his stuff because right now it looks like he has to move because he can't meet the demands the landlord is making. Seriously though, is this even legal? Two days notice in the middle of the month when the rent is paid until the end of the month, to demand a damage deposit? No new tenant would do that, so why is he demanding it of our friend?

joypulv · Jan 13, 2017, 08:46 AM

Even though the lease isn't in your friend's name, he has rights as a tenant - BUT those rights go by country and province. He needs to check Alberta law.
In any case, the landlord can't legally physically toss him out or change the locks, so your friend can wait to be evicted.
(I don't get why he covered their rent, when it's their lease?)

CravenMorhead · Jan 13, 2017, 08:54 AM

Originally Posted by Alty

And it just keeps getting worse.

Just talked to my friend. The landlord visited today, said that if my friend is going to take over the lease he needs the damage deposit, $1200, by Saturday. This Saturday. So two days to come up with $1200. Is that even legal considering the rent is paid up until the end of the month?

My suggestion was to talk to his former room mates who owe him $2000, suggest that they put their refunded damage deposit in his name. In other words, instead of them getting their damage deposit back, which the landlord would be obligated to do, they give it to my friend to cover his damage deposit, and he'll forgive the extra $800 they owe him. Now, considering that I know they have no intention of ever paying him back the money they borrowed, I'm sure they won't go for this, but if there's even an ounce of decency in them, this is a win win for everyone.

He has two people willing to move in by the beginning of February, but those two people can't spend extra right now on a damage deposit. At the end of the month, yes, but not by Saturday.

Our friend is coming over to our house this weekend, he needs to have a weekend to vent and be with friends. Next weekend we're going over to help him pack his stuff because right now it looks like he has to move because he can't meet the demands the landlord is making. Seriously though, is this even legal? Two days notice in the middle of the month when the rent is paid until the end of the month, to demand a damage deposit? No new tenant would do that, so why is he demanding it of our friend?

I don't know if it is legal, I think it is. I am trying to remember, I had to have damage when I did the walk through. I think that he can talk the land lord into transferring the damage deposit over. From the friends to him, but they need their signatures to do it. That might be hard to get.

I think you can reason with the landlord, but you need full disclosure from him, why does he need it RIGHT now? Did they request the damage deposit back for some reason?