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Old 07-03-2012, 02:13 PM   #76
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Re: Ridiculous rental scenario...

It does. If your lease ends you are automatically converted to a month to month lease. If OP's lease just ended on June 30 then yes he'd have a month to month rental with the new owner.

Here the lease did not end. OP was given 90 days notice that his lease was being terminated and that he had to be out by June 30th.

The only real difference between Canada and the States is that if my understanding is correct in the States the new owner would have been required to honour the original lease till completion while in Canada the transfer of the property allows for the termination of the lease as long as the new owner wishes to buy the property for personal use.
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Old 07-03-2012, 02:22 PM   #77
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Re: Ridiculous rental scenario...

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The only way there would be a contract between the new owner and OP is if the 90 day notice did not terminate the original lease. I assume it did.
you also stated

"Here the lease did not end. OP was given 90 days notice that his lease was being terminated and that he had to be out by June 30th."

These are clear contradictions. How could a lease terminate/end and not terminate/end at the same time?
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Old 07-03-2012, 02:29 PM   #78
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Re: Ridiculous rental scenario...

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If you live under a rock and your brain is full of rocks does that make you an outdoorsman? Depending on the answer to this question I can respond to the above.

I have never seen one of these in America and will assume this is what op is talking about:

"Urtica dubia (large-leaved nettle), Canada"!
I'm assuming he's talking about the stinging nettle. "The most prominent member of the genus...it is widely distributed in Canada and the United States, where it is found in every province and state except for Hawaii."
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Old 07-03-2012, 02:31 PM   #79
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Re: Ridiculous rental scenario...

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I'm assuming he's talking about the stinging nettle. "The most prominent member of the genus...it is widely distributed in Canada and the United States, where it is found in every province and state except for Hawaii."
I am sure we are both aware of what happens when you assume too much.
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Old 07-03-2012, 02:42 PM   #80
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Re: Ridiculous rental scenario...

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I found where they turned the power off on one of the poles coming in from the road, so I turned it back on. Have power and water again. However, when I was walking around in the field, I got attacked by some Stinging Nettle, so my legs are killing me, lol.
Game. Set. Match. End of dumbest hijack in internet history.
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Old 07-03-2012, 02:46 PM   #81
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Re: Ridiculous rental scenario...

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Originally Posted by slinky1 View Post
you also stated

"Here the lease did not end. OP was given 90 days notice that his lease was being terminated and that he had to be out by June 30th."

These are clear contradictions. How could a lease terminate/end and not terminate/end at the same time?
The lease was terminated on the 30th as in OP had to leave the property on the 30th. This wasn't the natural end of the lease but a premature termination triggered by the sale of the property and the new owner wanting the property for personal use.

Maybe it would be better to say his right to be in the property ended on the 30th.
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Old 07-03-2012, 02:51 PM   #82
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Re: Ridiculous rental scenario...

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Game. Set. Match. End of dumbest hijack in internet history.
Overtime:

When OP mentioned stinging Nettle I went to the Wiki page just like you. Then I looked down on the page and realized there is a specific variety of the stinging nettle that is exclusive to Canada. One I have never seen or heard of because I live in the US. Then I thought since maybe I have never seen one of these it could be comparable to poison ivy in the US (both have large identifiable leaves). My original phrase was a little awakward, even off base as it was meant in jest and my humor sucks. My dry humors fails at a remarkable rate and my comparison statement was not to be taken a 100% literally.

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Old 07-03-2012, 03:13 PM   #83
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Re: Ridiculous rental scenario...

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The lease was terminated on the 30th as in OP had to leave the property on the 30th. This wasn't the natural end of the lease but a premature termination triggered by the sale of the property and the new owner wanting the property for personal use.

Maybe it would be better to say his right to be in the property ended on the 30th.
Why do the new owners of the house get to keep the rights of an old lease (that they did not sign and have probably never even seen) that ended on the 30th past the 30th again? The 90 day demand for the property is only valid under the old lease as they are contingent on each other.

I think the real whole point is that nobody is allowed to just show up at your doorstep and kick you out of a place that you have lived in for over a year in 3 days. Never heard of a law in a 1st world country that would.

Last edited by slinky1; 07-03-2012 at 03:29 PM.
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Old 07-03-2012, 03:39 PM   #84
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Re: Ridiculous rental scenario...

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Why do the new owners of the house get to keep the rights of an old lease (that they did not sign and have probably never even seen) that ended on the 30th past the 30th again? The 90 day demand for the property is only valid under the old lease as they are contingent on each other.
The same way that had the owner bought the house for the purpose of renting he would have inherited the lease.

Quote:
I think the real whole point is that nobody is allowed to just show up at your doorstep and kick you out of a place that you have lived in for over a year in 3 days. Never heard of a law in a 1st world country that would.
He had 90 days notice originally. Staying after the 30th means he is overholding but it is unclear if it is consensual or willful because of the offer to use the property till the 15th.
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Old 07-03-2012, 04:01 PM   #85
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Re: Ridiculous rental scenario...

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The same way that had the owner bought the house for the purpose of renting he would have inherited the lease.



He had 90 days notice originally. Staying after the 30th means he is overholding but it is unclear if it is consensual or willful because of the offer to use the property till the 15th.
Okay so under the old lease the tenant should be protected from being kicked out of his house in 3 days after it expires or the demand for property is evoked (and especially when two parties are arguing over the terms of a new lease that references the property specifically - i.e. one persons word vs. another). I don't get why you keep finding grey areas here. There is absolutely no grey area here and I think the Canadian police and the other posters in this thread have made that pretty clear.
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Old 07-03-2012, 04:37 PM   #86
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Re: Ridiculous rental scenario...

They showed up again. Truck full of 6 people or so. They walked around outside and then got back into their vehicle which was on the southside of the house and came around to the northside and pulled into the carport and then I think they saw me watching them from the window and threw it into reverse and sped away. Not sure if they'll be back or what they are up to.
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Old 07-03-2012, 04:37 PM   #87
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Re: Ridiculous rental scenario...

Sounds like it's time for a temporary restraining order. They showed up with a posse to rough you up
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Old 07-03-2012, 05:23 PM   #88
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Re: Ridiculous rental scenario...

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I maintain my position that you are not a tenant so I believe they could have you removed immediately and if you refuse to leave this could be a trespassing situation.
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Originally Posted by Henry17 View Post
I still maintain that OP is a tenant because of the original lease.
At least you conceded the first statement was way off. You have flip flopped on your position/words so many times I think I am now confusing and out leveling myself. Head explodes now.
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Old 07-03-2012, 05:45 PM   #89
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Re: Ridiculous rental scenario...

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Originally Posted by slinky1 View Post
Okay so under the old lease the tenant should be protected from being kicked out of his house in 3 days after it expires or the demand for property is evoked (and especially when two parties are arguing over the terms of a new lease that references the property specifically - i.e. one persons word vs. another). I don't get why you keep finding grey areas here. There is absolutely no grey area here and I think the Canadian police and the other posters in this thread have made that pretty clear.
It depends on how you define protected. There are procedures for dealing with overholding and you are correct in that you'd need more than three days to force him out but that could-- depending on his status-- open him up to being sued after

rothko,

Are they trying to intimidate you or were they doing something?

Have they figured out that you have restored power?
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Old 07-03-2012, 05:49 PM   #90
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Re: Ridiculous rental scenario...

Would this be possible? This could be a super sick Canadian scam.

-Say I owned a house and knew I was going to sell it

-I then have a friend or family member sign a lease/contract for lets say 10 years at a super sick price

-Also in the lease/contract is a special clause that states any transfer of property does not allow for the special Canadian clause that allows for a new owner to end tenancy/evict

-I then sell the house to someone and they don't read the lease and just accept the rights thinking everything is all cool cuz they got eviction rights yo

Probably would fail but the law is crazy and in theory it works. I am sure there would be something that would somehow supercede / override it.

but at least you might be able to take it to court to figure out and your buddy / family might get a free house for a few months until the court processes work themselves out. If you win welcome to your new house for 10 years!
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