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How can I evict this tenant?

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  • Jan 24th, 2016 2:56 pm
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Member
Jul 6, 2010
270 posts
11 upvotes
Gatineau

How can I evict this tenant?

Does anyone know where I can get information concerning a tenant I have living in my house (shared kitchen). She has been late paying rent the first 2 months and now is 3 weeks past due and I would like to evict her. The laws are different when its a roomshare. Does anyone know where I can get this info? Is it easier/harder to kick her out?

She constantly lies about her pay and how she didn't get paid etc....first she says she gets paid on the 16th of the month...then the 6th or 7th...then her cheque is lost etc...I've had enough!

By the way, this is in Ontario.
21 replies
Banned
User avatar
Nov 7, 2010
659 posts
24 upvotes
Hamilton, Ontario
the first time she's late on her rent you should've issued her a notice
you need to keep notices and keep track of everything if you plan to evict anyone

all info you need here:
http://www.ltb.gov.on.ca/en/Key_Informa ... 11483.html

"Other reasons allow a landlord to evict a tenant in the middle of their tenancy agreement or lease– these are generally situations where the tenant or someone the tenant let into their building has done something wrong. For example, the tenant has not paid their rent or has damaged the rental property."

you need to give them a notice of termination ASAP
Banned
User avatar
Nov 7, 2010
659 posts
24 upvotes
Hamilton, Ontario
also read this brochure: How a Landlord Can End a Tenancy
http://www.ltb.gov.on.ca/en/Key_Information/170036.html

Reasons for ending a tenancy

The Act allows a landlord to give a tenant notice to end the tenancy early if the tenant, the tenant’s guest or someone else who lives in the rental unit does something they should not do, or does not do something they should. This is sometimes called ending a tenancy “for cause”.

Some examples of “for cause” reasons for ending a tenancy are:

•not paying the rent in full,


•causing damage to the rental property,


•disturbing other tenants or the landlord, and


•illegal activity in the rental unit or residential complex.
There are also other reasons for ending a tenancy that are not related to what the tenant has done, or not done. These are sometimes called “no fault” reasons for ending a tenancy.

Some examples of “no fault” reasons for ending a tenancy are:

•the landlord plans to do major repairs or renovations that require a building permit and the work cannot be done unless the rental unit is empty,


•the landlord requires the rental unit because the landlord, a member of the landlord’s immediate family or their caregiver wish to move into the unit, and


•the landlord has agreed to sell the property and the purchaser requires all or part of the property because the purchaser, a member of the purchaser’s immediate family or their caregiver wish to move into the unit. (This reason for eviction only applies in rental buildings with three or fewer units and in condominiums.)

READ MORE: http://www.ltb.gov.on.ca/stdprodconsume ... 170121.pdf
Non-payment of rent
Tenant has not paid their rent. Form N4 – Notice
to End a Tenancy
Early for Nonpayment
of Rent
7 days (daily or
weekly tenancy)
14 days (all other
tenancies)
Form L1 – Application to Evict
a Tenant for Non-payment of
Rent and to Collect Rent the
Tenant Owes
There is no deadline to file the
application.
The tenant may void the notice and
stay in the rental unit if, before the day
the landlord applies to the Board, the
tenant pays:
• all the rent that is owed, plus
• any new rent that has come due.
Deal Guru
Aug 2, 2001
12804 posts
3678 upvotes
You should be calling the Landlord/Tenant board in your area, because you may not be a "landlord". In my province renting a room/sharing common facilities falls under the Innkeepers Act, which gives much much more power to the Innkeeper (landlord).
Member
Sep 28, 2009
333 posts
1 upvote
London
TrevorK wrote:
Jan 26th, 2011 10:12 pm
You should be calling the Landlord/Tenant board in your area, because you may not be a "landlord". In my province renting a room/sharing common facilities falls under the Innkeepers Act, which gives much much more power to the Innkeeper (landlord).

Shared kitchen means she's not a tenant under the RTA. Just tell her to get out.
Deal Addict
Nov 2, 2005
2525 posts
356 upvotes
Ottawa
If it's your house you can kick her out whenever you wish.
Sr. Member
Sep 19, 2009
796 posts
10 upvotes
Toronto
ottawa316 wrote:
Jan 26th, 2011 9:04 pm
Does anyone know where I can get information concerning a tenant I have living in my house (shared kitchen). She has been late paying rent the first 2 months and now is 3 weeks past due and I would like to evict her. The laws are different when its a roomshare. Does anyone know where I can get this info? Is it easier/harder to kick her out?

She constantly lies about her pay and how she didn't get paid etc....first she says she gets paid on the 16th of the month...then the 6th or 7th...then her cheque is lost etc...I've had enough!

By the way, this is in Ontario.

Give her a notice saying she MUST pay on time and state that this is the final warning.

If she does not comply, and you want her out, give her a 24 hour notice to remove her belongings and leave because the police will be called and she will be trespassing. RTA doesn't apply, do everything in writing. That way you don't have to listen to her since you know they are obviously lying.
Deal Addict
Jan 19, 2011
2155 posts
408 upvotes
A rental situation involving a tenant sharing either a kitchen or a bathroom (or both) with the 'landlord' is not governed by the Landlord and Tenant Act. It is governed by common law and fair dealing or reasonable behaviour between both parties. With that in mind, the next time she is late with rent, give her one written note or letter (retain a copy for yourself) clearly stating the problem, and how it is in violation of the (verbal or written) agreement you have with her regarding payment of rent, and the consequence you will have to enforce if it occurs again (asking her to leave within a short but reasonable notice, say 48 hours). Remind her that her tenancy with you is NOT governed by the Landlord and Tenant act. If she has problems paying a subsequent time, enforce the consequence by (in writing, keeping a copy for yourself) asking her to vacate the premises within the time you indicated in your initial warning letter, 48 hours (remember she had warning in your first letter), after which you will remove all her belongings from the residence, and change the locks.
Member
May 23, 2006
239 posts
2 upvotes
If she hasn't paid yet, give her 48 hours to pay up or else she's evicted. Then give her 2 months to find a new place, because you're kicking her out as of the end of March (and failure to pay within 2 business days of the rent being due will trigger an immediate eviction). The Residential Tenancies Act doesn't apply due to the shared kitchen, so you can do whatever you want (within reason). Even if you have a signed lease, she has already broken it numerous times.

Do as all the other posters have said - put it all down in writing.
[OP]
Member
Jul 6, 2010
270 posts
11 upvotes
Gatineau
Thanks everyone for the responses! It looks like I have much more power to kick her out if I share a kitchen and common area. This is good to know :)

I'm going to give her a letter in writing telling her to come up with the rent in 7 days or to get out. I think that's fair.

Also, I'll write that if she's late again she has 48 hours to become current or will have to vacate the premises immediately (this will prevent her from pulling this stunt next month).
Deal Addict
Jan 19, 2011
2155 posts
408 upvotes
Just to ensure other readers know the facts, it is a kitchen, or a bathroom (or both) that must be shared to be not governed by the Landlord and Tenant Act in Ontario (or whatever the name of it is now). You can share a common area, living room, and a whole host of other areas, but if the tenant has their own bath and kitchen, they are a tenant under the Act (Generally having ones own bath and kitchen also comes with walls and other rooms that make it a stand alone apartment).

If you share a kitchen or a bath, for the most part you are sharing an entire house, and are thus not covered by the act
Deal Expert
User avatar
Aug 9, 2004
21622 posts
257 upvotes
Mississauga
LondonTown wrote:
Jan 26th, 2011 10:33 pm
Shared kitchen means she's not a tenant under the RTA. Just tell her to get out.
Does anyone have a link to that exception? I can't find it anywhere.
Thanks for the memories, RFD.
Good-bye.
Deal Addict
Jan 19, 2011
2155 posts
408 upvotes
http://www.e-laws.gov.on.ca/html/statut ... 6r17_e.htm

scroll down to section 5 - "Exemptions from the Act", paragraph (i):

(i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;
"The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is."
Just a guy who dabbles in lots of stuff learning along the way. I do have opinions, and readily share them!
Member
Jan 17, 2013
457 posts
78 upvotes
Sarnia
OP , Do not under any circumstance giver her a wishy washy notice stating "Also, I'll write that if she's late again she has 48 hours to become current or will have to vacate the premises immediately (this will prevent her from pulling this stunt next month). That can confuse matters if it ever went to further which shows that you are not all that serious about rent collecting. Believe me if she fought it,, she'd be in front of a judge or arbitrator pouring out the tears about how you never expected to be paid on time in the past. Not that it would get her anywhere but you don't take chances.

You give her a notice now telling her that if she does pay her rent by the end of the day (May 1st, 2013 for example) you will arrange to have her evicted immediately. Why on earth would you set yourself up once again.
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