Landlord abusing the Section 5 Exemptions of the ACT
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.
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.