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Landlord abusing the Section 5 Exemptions of the ACT

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  • Nov 11th, 2017 11:55 pm
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[OP]
Newbie
Nov 2, 2017
16 posts
1 upvote

Landlord abusing the Section 5 Exemptions of the ACT

Hello,

I am a professional who works in senior management at a large private sector corporation. I have been a model tenant, always paying my rent on time (or even earlier in some instances), and spending more time cleaning this house than the landlord himself (whose personal room is filthy). I share a kitchen with the landlord (which exempts him from the RTA ).

Last month I paid my rent one day late, and the following day I receive an email stating:
  • You are evicted for violating the lease due to the fact that you paid your rent one day late.
  • You have to be out by Dec 12, your last months rent will be returned pro rated after 72 hours after you vacated the unit and we are satisfied that there is no damage nor theft.
  • If you move out earlier than Dec 12, then your last month's rent is forfeited
  • After 1pm on Dec 12, you will be considered trespassing, and all your items will be disposed of.
My lease ends March 30th.

Option 1

I could find a place to move into during the first week of December, go to Small claims court and hope to receive my LMR back. However, I may not be in the same town after a lengthy waiting process from the Small claims court. Not to mention, I will still lose the $150 application fee for small claims.

* My colleague mentioned that I should put a lock on my door to secure my property like two days before leaving, and only give the key back after receiving my LMR.

Option 2 ~ More risky option

Stay until Dec 12, Print a copy of lease showing that the lease ends March 30, print an excerpt from the RTA stating that LL have to provide 60 days notice. If he calls the police, then I simply provide the police a copy of my lease and explain to them I legally have a right to be there.

1. What do you think the police will do?
2. What will happen if I install a lock on my door?

Is there anything else I should be aware of?

My work itself is very stressful, and this doesnt make my life any easier.


So this obviously proves the vulnerability of tenants under the Section 5 of the RTA, where they have no protection if they share the house with the LL. This is a rule where landlords often take advantage of tenants, and really needs to be revised.

I have read many threads on RFD regarding tenant/ LL issues.
I live in Ontario.

Thanks to all those that provide a serious reply.
47 replies
Deal Addict
Jan 19, 2011
2295 posts
493 upvotes
Well, that is rather crappy. But I would refrain from suggesting he is abusing any exemption of the RTA

The rule exempting property owners from the RTA if they SHARE accommodation (defined as living in an accommodation and sharing use of a kitchen or a bathroom) may seem unfair, but it is a necessary protection for those willing to open up their houses and rent out shared accommodation (spare bedrooms in a house, as in your case) It will never be revised, and really does not need to be.

That being said, you are dealing with a bit of an obstinate jerk, who has every right to terminate your lease agreement with him.

If the police arrive, the landlord will likely indicate you are trespassing in a private residence, and the police may remove you, They generally know the difference between rental accommodation, and shared accommodation, also, your landlord might have a few friends who will simply remove your possessions to the street, which is perfectly legal.

Stressful I know, but your best bet is find new accommodation, and if you can afford it, not shared accommodation
"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!
Deal Expert
Aug 2, 2004
25426 posts
2760 upvotes
East Gwillimbury
One day late? What a douche

I agree, just move out as soon as possible. Make sure you get your deposit back and don’t look back.

The jerk probably wants to sell the house or looking to increase the rent with a new tenant. Either way, he could have handled it better.
Deal Addict
Dec 19, 2009
2504 posts
895 upvotes
Getbread wrote:
Nov 6th, 2017 2:36 am
So this obviously proves the vulnerability of tenants under the Section 5 of the RTA, where they have no protection if they share the house with the LL. This is a rule where landlords often take advantage of tenants, and really needs to be revised.
I'm not sure if you're aware but Parts 1-4 and Parts 6-18 of the RTA don't apply to you either. When people enter to agreements/contracts they should know the terms of the deals they enter too and not just assume things are what they think they are.
Deal Addict
User avatar
Feb 11, 2007
4336 posts
2942 upvotes
GTA
You're in senior management, why are you sweating a few hundred bucks? Sounds like this isn't a great place to live anyhow. Enjoy your success and live somewhere nicer and less stressful.
Deal Addict
User avatar
Mar 23, 2008
4737 posts
2310 upvotes
Edmonton
Sorry, but your landlord isn't "abusing" anything. He's following the required laws, and you knew what those were (or should have) going in. If things were turned around and you wanted to get out of the agreement, it would have worked in your favor instead.

I don't know what the legalities are with regards to the last months rent, and possession of the apartment. You should speak to a lawyer and get actual legal advice if you decide you want to push back on that. But... If he can withhold your last month's rent, and you have a lock on the door to try to protect your possessions, you run the risk of him changing the lock on the property, busting off your lock, and selling your possessions to pay back the damage that was done to regain possession of his property, as he's entitled to. I think the advice your colleague gave you was bad.

You're NOT legally entitled to stay there until March 30, so I wouldn't count on the police supporting you. You should be planning for the worst, and protecting your interests. Find another place. Get your possessions out of there, so they're safe (especially expensive items). And count yourself lucky to have gotten rid of a messy jerk of a roommate/landlord.

C
[OP]
Newbie
Nov 2, 2017
16 posts
1 upvote
How would I get by deposit back? If you read my original post.....If i leave before December 12 then I will not get my LMR back.
Deal Addict
User avatar
Mar 23, 2008
4737 posts
2310 upvotes
Edmonton
Getbread wrote:
Nov 6th, 2017 2:24 pm
How would I get by deposit back? If you read my original post.....If i leave before December 12 then I will not get my LMR back.
Find a place for December 1, move in over the next week, hand your keys to your landlord on Dec 11. Have a friend/witness go through a move-out inspection with you, and take pictures.

C
Deal Guru
User avatar
Nov 15, 2004
14181 posts
1533 upvotes
Toronto
Getbread wrote:
Nov 6th, 2017 2:24 pm
How would I get by deposit back? If you read my original post.....If i leave before December 12 then I will not get my LMR back.
Move out and then sue him in small claims court for it. He has no say about whether or not you're physically present in the house as long as you're paid up. Tell him to go **** himself, move out, and pay until the 12th. If he decides to steal your deposit, sue him.
Could HAVE, not could OF. What does 'could of' even mean?
Member
Jul 29, 2013
371 posts
140 upvotes
CNeufeld wrote:
Nov 6th, 2017 2:31 pm
Find a place for December 1, move in over the next week, hand your keys to your landlord on Dec 11. Have a friend/witness go through a move-out inspection with you, and take pictures.

C
You want to come home to a stress free environment. Life is to short to overthink or fight this.

The landlord has made it plain that they no longer want you in their home. Move out as soon as possible even if you have to take holidays to look for a new home.
Do as CNeufeld said. Make sure you have photos of the condition of your room.

After all the disruption of moving is over I know you will be much happier.
Look at it as a quality of life improvement adventure.
Deal Addict
Oct 1, 2004
4157 posts
269 upvotes
Toronto
Piro21 wrote:
Nov 6th, 2017 2:32 pm
Move out and then sue him in small claims court for it. He has no say about whether or not you're physically present in the house as long as you're paid up. Tell him to go **** himself, move out, and pay until the 12th. If he decides to steal your deposit, sue him.
Lol ideal tenant right here, not worth it over few hundred bucks. Good luck getting references later on, burn bridge burn.
Deal Guru
User avatar
Nov 15, 2004
14181 posts
1533 upvotes
Toronto
greg123 wrote:
Nov 6th, 2017 3:28 pm
Lol ideal tenant right here, not worth it over few hundred bucks. Good luck getting references later on, burn bridge burn.
Like this guy is going to give him a glowing reference right now. There's no bridge here to burn, and no reason to be nice.
Could HAVE, not could OF. What does 'could of' even mean?
Newbie
May 12, 2003
44 posts
11 upvotes
GTA
I agree with the other postings on here.

If the LL did something that was contrary to the law, you would have been up his ass on it. You made the mistake, not learn to live with it. Simple.
[OP]
Newbie
Nov 2, 2017
16 posts
1 upvote
Just spoke to my lawyer....

He told me the police cannot remove me, unless they have an order by the judge.

So I think I will remove my things...and keep the key..until I get my LMR back.
Deal Addict
User avatar
Mar 23, 2008
4737 posts
2310 upvotes
Edmonton
Did you ask your landlord what your options are if your landlord changes the locks on you? As in, they may not remove you if you're in, but will they help you get in, if you're locked out? They may just want to stay out of it unless there's a court order involved. Otherwise it's a he said/he said situation, and they're not there to make judgments on the fly.

C

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