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Landlord abusing the Section 5 Exemptions of the ACT

  • Last Updated:
  • Nov 11th, 2017 11:55 pm
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[OP]
Newbie
Nov 2, 2017
16 posts
1 upvote
CNeufeld wrote:
Nov 6th, 2017 5:04 pm
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

You mean did I ask my Lawyer? yeah never thought of that.....I would be screwed if they change the locks.

I think I willl change locks November 28....and move everything out December 1.... and keep the keys.........

You want your keys back? Please give me my LMR. simple.
Newbie
May 27, 2012
87 posts
26 upvotes
Toronto
since you and lanlord share the kitchen...the renter act does not apply to you.... so you cannot say lanlord is required 60 days notice
you are not covered by the renter act so the only rules that apply are ... what the lanlord decides or whatever is on the lease that you both signed.
if that lease states that he may give u notice when rent is paid... then thats what he has done

i suggest you move out and find better place fast ... why would you want to forcefully live at same place?
Deal Addict
User avatar
May 8, 2002
3787 posts
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Getbread wrote:
Nov 6th, 2017 4:52 pm
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.
I would get another opinion. From my personal experience the police can remove you. RTA does not cover you and you would be considered an unwanted person at that point. If you put up too much of a fuss, they would have every right to arrest you to prevent a breach of the peace, and take you somewhere else or the bucket...
adnanakhtar wrote:
Nov 6th, 2017 9:01 pm
since you and lanlord share the kitchen...the renter act does not apply to you.... so you cannot say lanlord is required 60 days notice
you are not covered by the renter act so the only rules that apply are ... what the lanlord decides or whatever is on the lease that you both signed.
if that lease states that he may give u notice when rent is paid... then thats what he has done

i suggest you move out and find better place fast ... why would you want to forcefully live at same place?
+1, cut your losses and get out. You have a lot more to lose than a months rent. What's to stop landlord from kicking down door and tossing your stuff on the curb? Good luck in small claims court with that...

Next time research a little more and move somewhere where you would actually have some rights. The RTA is very strong and leans very much toward the tenant, but only helps when you're actually covered...
Sr. Member
May 12, 2014
875 posts
350 upvotes
Montreal
Getbread wrote:
Nov 6th, 2017 2:36 am
. I have been a model tenant, always paying my rent on time (or even earlier in some instances), ...
Last month I paid my rent one day late, ...
Paying on time is just the absolute minimum. Just like providing a safe unit is the absolute minimum for a landlord. There is more to being a model tenant than paying on time, especially when you're sharing living quarters with your landlord.

How was your relationship before you paid late? It would be extremely surprising if he's evicting you for paying late a single day, for the first time...


As for changing locks, and other games: don't do it. Leave peacefully, and if there's any money left that he owes you, use letters or the small claims court to get it. Don't take the law into your own hands.
Deal Addict
Nov 27, 2007
3312 posts
441 upvotes
Great news is, he can’t kick you out, he need the marshall to kick you out. Landlord needs to go to court and get a court order, that is a lenghty process lol Call the land tenant board to ask them all your questions.

Also, if he or you go to small claims court, the tenant will get free legal advice not landlord, on site.

As for property damages, unless he has pictures before you moved in and you signed off them as deemed good condition, good luck with the court. They are there to mostly defend tenants. I guess there are cases where landlord is a dick as in this case, cause most time i complain about tenants

Your landlord is clueless
Sr. Member
Oct 13, 2014
995 posts
421 upvotes
Somewhere, ON
Engi-Nir wrote:
Nov 7th, 2017 4:55 am
Great news is, he can’t kick you out, he need the marshall to kick you out. Landlord needs to go to court and get a court order, that is a lenghty process lol Call the land tenant board to ask them all your questions.
This is so wrong. First off, what is a marshall, we are in Canada.

OP, take the advice of others that have posted here. Take photos, etc. move out on the date given, etc. If you were to remain there the police may very well remove you forcefully. You have been given a notice, the property is the private home of the LL. It is very likely that he may also have the backing of the Trespass To Property Act of Ontario if you remain after the eviction date.

2 (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6

Method of giving notice
5 (1) A notice under this Act may be given,
(a) orally or in writing;

Arrest without warrant on premises
9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2. R.S.O. 1990, c. T.21, s. 9 (1).

https://www.ontario.ca/laws/statute/90t21
Last edited by rcmpvet on Nov 7th, 2017 8:53 am, edited 1 time in total.
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Deal Addict
User avatar
Mar 23, 2008
4750 posts
2323 upvotes
Edmonton
Engi-Nir wrote:
Nov 7th, 2017 4:55 am
Great news is, he can’t kick you out, he need the marshall to kick you out. Landlord needs to go to court and get a court order, that is a lenghty process lol Call the land tenant board to ask them all your questions.

Also, if he or you go to small claims court, the tenant will get free legal advice not landlord, on site.

As for property damages, unless he has pictures before you moved in and you signed off them as deemed good condition, good luck with the court. They are there to mostly defend tenants. I guess there are cases where landlord is a dick as in this case, cause most time i complain about tenants

Your landlord is clueless
Reading comprehension fail, from start to finish... The OP isn't covered by the RTA, and he says that in the first paragraph. So your entire post is invalid.

C
[OP]
Newbie
Nov 2, 2017
16 posts
1 upvote
CNeufeld wrote:
Nov 7th, 2017 9:51 am
Reading comprehension fail, from start to finish... The OP isn't covered by the RTA, and he says that in the first paragraph. So your entire post is invalid.

C

Would anyone here be able to tell me, whether the Section 5 exemption from the RTA (sharing property with the landlord) applies in Quebec as well?

Thank You.
Deal Fanatic
User avatar
May 9, 2009
5204 posts
1002 upvotes
Montreal
Getbread wrote:
Nov 7th, 2017 2:52 pm
Would anyone here be able to tell me, whether the Section 5 exemption from the RTA (sharing property with the landlord) applies in Quebec as well?

Thank You.
RTA is specific to Ontario. Quebec has it's own act.
Deal Addict
Dec 19, 2009
2507 posts
897 upvotes
Confirms my suspicion about senior managers.
Does Quebec have Small Claims Court?
Deal Addict
User avatar
Mar 23, 2008
4750 posts
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Edmonton
Getbread wrote:
Nov 7th, 2017 2:52 pm
Would anyone here be able to tell me, whether the Section 5 exemption from the RTA (sharing property with the landlord) applies in Quebec as well?

Thank You.
Can't help there... But if you're planning on moving there, you should probably read the WHOLE equivalent RTA document. Know what you're getting into.

C
[OP]
Newbie
Nov 2, 2017
16 posts
1 upvote
So I will stay here until Dec 12, do the inspection together with him, but what if he for some reason decides to keep my rental deposit at that time ( It will be like 1000/2= 500 pro rated) .........what should I do? REfuse to leave unless it has been provided?

Thanks .
Deal Addict
Jan 19, 2011
2298 posts
493 upvotes
Getbread wrote:
Nov 7th, 2017 10:57 pm
So I will stay here until Dec 12, do the inspection together with him, but what if he for some reason decides to keep my rental deposit at that time ( It will be like 1000/2= 500 pro rated) .........what should I do? REfuse to leave unless it has been provided?

Thanks .
It is extremely unlikely he will do that, as it is clear he is a total dick, but a dick who has a clear interest in playing by the rules. I would not worry about it.

In the extremely unlikely event he does not reimburse you, take him to small claims court, or let the air out of the tires of his car.

Find a new place forthwith, good luck.
"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 Addict
Dec 17, 2007
1247 posts
425 upvotes
Alliston, ON
Getbread wrote:
Nov 7th, 2017 10:57 pm
So I will stay here until Dec 12, do the inspection together with him, but what if he for some reason decides to keep my rental deposit at that time ( It will be like 1000/2= 500 pro rated) .........what should I do? REfuse to leave unless it has been provided?

Thanks .
Try and get it in writing from him right now that you'll get your deposit back on the 12th
Deal Guru
User avatar
Mar 8, 2002
10424 posts
2111 upvotes
GTA
Don't forget to leave two raw fish well hidden. Shortly after you move out, the smell will be horrific. He'll search and search until he finds one and throws it out. When the smell continues, he'll just think it's the aftermath of the first one. Meanwhile the stench intensifies :)
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