Real Estate

Haven't paid rent in 5 months...what can landlord do?

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  • Oct 21st, 2016 10:29 am
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Deal Addict
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Oct 5, 2008
1858 posts
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WontonTiger wrote: You do not know of what you speak. Yet you keep posting stupidity. If the resident could prove they were paying utilities, the police would just laugh at you, and tell you to contact your local tribunal.

For the record, I'm only supporting due process. You can't just evict the person, even if you were unaware they were there. You have to go through the process first.
I don't know about other provinces but in ON a landlord has the full right not only to throw him out but also the landlord is entitled to compensation. The OP has no proof at all that he legally occupied this apartment. He's not paying rent, hi's not paying any utilities under his name (!), no lease agreement, NOTHING!
According to the RTA:
103. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by an unauthorized occupant of the unit. 2006, c. 17, s. 103 (1).
(2) A landlord does not create a tenancy with an unauthorized occupant of a rental unit by accepting compensation for the use and occupation of the rental unit, unless the landlord and unauthorized occupant agree otherwise. 2006, c. 17, s. 103 (2).
100. (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 95 or a subletting authorized under section 97, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant and the person to whom occupancy of the rental unit was transferred. 2006, c. 17, s. 100 (1).
PLEASE note: In a situation of "unauthorized occupancy" the landlord may apply to the Board for orders terminating and evicting the tenant (who allowed the authorized occupancy), and evicting the "unauthorized occupants". But if the tenant has left already, because the "unauthorized occupant" is not a tenant, there is no need to "terminate" him as well (!). Anyone who may reside in the Rented Premises from time to time as a guest or invitee of the Tenant, unless written permission is granted by the Landlord and such person is added to the Lease, shall not be a Tenant and is not entitled to any form of notice required by this Lease or the Residential Tenancies Act (!).
And, yes, the landlord can call police immediately, and the OP will be given usually 24 hours to leave, or to prove he has the rights to occupy this apartment. Moreover, the landlord could collect the OP info, and bring him to court later.
Deal Addict
Jan 24, 2015
1021 posts
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Canadian in USA
WontonTiger wrote: You do not know of what you speak. Yet you keep posting stupidity. If the resident could prove they were paying utilities, the police would just laugh at you, and tell you to contact your local tribunal.

For the record, I'm only supporting due process. You can't just evict the person, even if you were unaware they were there. You have to go through the process first.
You are partly right. A private citizen can't use force to evict someone--only the police can use force. And the police won't do anything unless you have an order from a judge. So if you want the police to chuck him out then you need to go to court and get an order--but you won't need the landlord/tenant process for a trespasser.

On the other hand the landlord doesn't need the police. If he shows up and the squatter isn't physically there then there is no need to use force, the landlord can simply CHANGE THE LOCKS. That's due process: When there's no-one in your place, when it's just your place, you can change the locks any damned time you want. With no rental agreement in force, not even an implied one, and no one physically in the unit, it's just the landlord's place to do with as he pleases.
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Oct 7, 2011
1289 posts
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Toronto
blainehamilton wrote: It's entirely possible the landlord is that incompetent, or perhaps the ownership of the property is in the air, such as an inheritance or foreclosure..

As many others mentioned, you can expect at any moment to show up and the locks are changed and your key won't work, and even possible for all of your possessions to be on the sidewalk, in the dumpster, or even gone completely. So if you own anything of value on the property, electronics, something of sedimental value like photos or something like that, get your ass moving because it could be all gone tomorrow leaving you homeless with nothing but the clothes on your back.
The landlord may be tied up on something, illness, stuck somewhere, whatever. Or there could be some others the landlord had entrusted to manage the property that could be a rooming house, but had not been doing a good job. The OP found a business card, does not mean the landlord came by.
blainehamilton wrote: Another possibility is that your previous roommate was collecting your half of the rent and pocketing it without paying the landlord, and was ignoring and hiding any previous notices and skipped out because of the coming eviction storm. In that case you put yourself at risk of even bigger bills for you to sort out.
The OP is hiding something, as the OP also had not contacted the previous tenant to make things right with the landlord.

The OP had not paid anything to the landlord, had not really tried to contact the landlord. The OP does not have valuables and is ready to run. All that proves the OP is an illegal squatter.
Psycho44 wrote: I wish it was that easy to evict the subtenant.

The moral thing to do is e-mail or send registered letter to the landlord that you are living in his house and offer to pay him x amount of rent per month and where to send rent payment.

House owner is irresponsible could get his home insurance cancelled and hard to ever find house insurance again but at same time should be thankful OP is looking after the house especially this coming winter.
The OP is not a tenant or subtenant though. The OP is an illegal squatter, no payment, no lease, no contact, no right to be there.

You seriously think this OP is there to look after the place.
WontonTiger wrote: You do not know of what you speak. Yet you keep posting stupidity. If the resident could prove they were paying utilities, the police would just laugh at you, and tell you to contact your local tribunal.

For the record, I'm only supporting due process. You can't just evict the person, even if you were unaware they were there. You have to go through the process first.
The OP may had paid something to the other tenant, but she is now out of the picture. The fact the OP hasn't contacted that previous tenant to make things right with the landlord, shows the OP is hiding something.

If you find an illegal intruder/trespasser in your place, are you yell at them to get out and call 911 and maybe get a baseball bat in hand to possibly protect yourself?
Arrgh wrote: The person posting stupidity here is WontonTiger.
+1
Deal Addict
May 28, 2006
2389 posts
181 upvotes
is it possible to become a squatter if you legally lived there before the guy collecting your rent leaves without evicting you or saying anything?

Just imagine yourself living in this house for a year or so and all of a sudden the guy you pay rent disappears with no warning. Are you now an illegal squatter?

But as a landlord you still have to protect yourself and can't just go changing locks and throwing someone's belonging out. You need to get the court order whether he's there legally or not. Otherwise you can be sued and it will cost you more time, money and headaches.
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Jan 24, 2015
1021 posts
310 upvotes
Canadian in USA
Psycho44 wrote: is it possible to become a squatter if you legally lived there before the guy collecting your rent leaves without evicting you or saying anything?
He was a guest of the tenant. If the tenancy is terminated, and the previous tenant has left, then the previous tenants guests are now trespassing.

Tenants aren't allowed to sublet or transfer the tenancy without approval by the landlord.

Moral of the story is if you move in and pay rent to an existing tenant make sure you meet the landlord and sign some sort of subtenant agreement the landlord is on board with.
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May 28, 2006
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rj2wells wrote: He was a guest of the tenant. If the tenancy is terminated, and the previous tenant has left, then the previous tenants guests are now trespassing.

Tenants aren't allowed to sublet or transfer the tenancy without approval by the landlord.

Moral of the story is if you move in and pay rent to an existing tenant make sure you meet the landlord and sign some sort of subtenant agreement the landlord is on board with.
I'm dealing with that exact situation right now. Tenant sublet to a person without my permission. I get an order that allows me to evict both. We can't just take the law into our own hand no matter how much sense it makes. It's up to the person with judicial powers to decide if the sublet was legal or not which in this case it's not.
Deal Addict
May 28, 2006
2389 posts
181 upvotes
to OP it cost me $75 to get the order and they gave the judgement order to collect that $75 from the tenant. So my advise contact the landlord to make living arrangements. The landlord most likely has your banking information now and all he needs is an order to garnish your bank account.
Deal Addict
Jan 24, 2015
1021 posts
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Canadian in USA
Psycho44 wrote: I'm dealing with that exact situation right now. Tenant sublet to a person without my permission. I get an order that allows me to evict both. We can't just take the law into our own hand no matter how much sense it makes. It's up to the person with judicial powers to decide if the sublet was legal or not which in this case it's not.
If you need an order to evict both, then you may not have the same situation--you still have the primary tenant with rights. It sounds like in the OP's case the primary tenant has terminated the tenancy (though we don't have confirmation of that). If in the OP's case the landlord has a notice from the primary tenant that they are leaving, then it's a bit different. In your case you are having to evict the primary as well as the sub.

While I agree you can't take the law into your own hands, that speaks to use of force. You can't use force to get a tenant out, only the police can do that for you, and whatever the law may say, in practice the police aren't ever going to do that unless they have an order from a judge in hand.

But in the event that the OP is not home when the landlord arrives then no use of force is necessary, and if there is no tenant, the landlord is free to change the locks in his own home whenever he likes.
Member
May 13, 2015
269 posts
283 upvotes
Manotick, ON
Hey as an update, I haven't paid rent in over a year now. Do you think the landlord is still able to claim the rent?

I am thinking the worst case scenario is that landlord locks the house which I lose all my stuff. I would be ok with that because the amount is basically $1,000 tops (laptop, clothes, etc)
Banned
Jul 18, 2016
2014 posts
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Maybe he's decided he doesn't want to rent out the place. If you're still paying the utility bills and keeping good care of the place while he's out of the country, that might actually be a good deal for him. 17 months of free rent (you were at 5 last October). Great deal for you if you get away with it. Good luck. Personally, I'd hate living with the uncertainty of when is the hammer going to drop, but that's just me and my preference. Also, if you're quietly obligated to take care of the place, how do you extract yourself from that situation when you finally want to move on?
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Aug 16, 2009
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Lucky you. Keep a slush fund of 1yrs worth of rent. Keep depositing to this account as if you were actually paying the landlord. Should he ever pursue you, give him all the back rent you owe.
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May 7, 2007
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"Money for nothing and the rent for free" ... lol
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Nov 18, 2015
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lol man where is your sense of morals in this. be a grown up. I do find the story funny though.
Sr. Member
Nov 8, 2009
534 posts
277 upvotes
Isn't there some laws saying that if you live in a house for so long as well as upkeep and can prove it that you can make a claim for possession of the house? Who is doing upkeep on the house? Mowing the lawn etc or if it's a condo, who is paying the strata? It's a very interesting case.
Jr. Member
Apr 9, 2011
112 posts
70 upvotes
fccoup wrote: Hey as an update, I haven't paid rent in over a year now. Do you think the landlord is still able to claim the rent?

I am thinking the worst case scenario is that landlord locks the house which I lose all my stuff. I would be ok with that because the amount is basically $1,000 tops (laptop, clothes, etc)
I'm genuinely curious...

The landlord has not come to look at his/her property in this span of a year at all?
Without giving away too much information, do you live in an apartment, condo, or freehold townhouse/single? Wondering who is covering the property taxes, maintenance fees (if any), and utilities?

Either you are trolling or this landlord is some piece of work. Might be some rich person doing good deeds for society.
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Jul 21, 2007
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armadylan wrote: Landlord is probably busy and doesn't realize anyone is in the house.
This. I think the landlord doesn't realize there is someone living there.
Newbie
Oct 19, 2016
1 posts
I would like to suggest you to pay all the rent and after that you have to move anywhere. If you don't have money to pay all the rent, then Move out as soon as possible before you get kicked out and get sued by landlord or ex tenant. As far as 5 months is concerned, the landlord will surely take the ex tenant to court and you will be the one who will cough all $$. The ex tenant has right to request you to appear in court and the judge can rule in his favour.
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Sep 4, 2005
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Op,
You're awesome. I don't know why people are down voting you. I don't think you're trying to scam the landlord, but they don't seem to be taking responsibility for their property. I wonder if the home owner actually passed away? I mean why else would no one come checking on this place in over a year?... Maybe his relatives didn't know the property even exists? Someone should come looking for it one day.
Digo wrote:
armadylan wrote: Landlord is probably busy and doesn't realize anyone is in the house.
This. I think the landlord doesn't realize there is someone living there.
Busy or not, unless he's abandoned it. Why wouldn't he go check on it every so often, to make sure it's still standing. Unless the place is a total dump, and he intends to sell it as a teardown in another 10-20 years... In which case OP gets more free rent hehehe.
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Jul 29, 2006
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Super_Chicken wrote: Op,
You're awesome. I don't know why people are down voting you. I don't think you're trying to scam the landlord, but they don't seem to be taking responsibility for their property. I wonder if the home owner actually passed away? I mean why else would no one come checking on this place in over a year?... Maybe his relatives didn't know the property even exists? Someone should come looking for it one day.
Digo wrote:
armadylan wrote: Landlord is probably busy and doesn't realize anyone is in the house.
This. I think the landlord doesn't realize there is someone living there.
Busy or not, unless he's abandoned it. Why wouldn't he go check on it every so often, to make sure it's still standing. Unless the place is a total dump, and he intends to sell it as a teardown in another 10-20 years... In which case OP gets more free rent hehehe.
Unless mortgage has been fully paid off by the landlord, someone would've noticed by now that tenant has not been paying rent.

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