What can landlord do if tenant does not move out by the end of term?

[snkhan]

What do you mean by 'protected' in this case? He's not protected at all in terms of protecting his income and protecting himself from a lawsuit from the new tenant. BTW, the RTA used to be called the Tenant Protection Act not long ago. The name was changed to make it look more fair. However, the Ontario Act is very tenant friendly.

Don't be scared by the above comments. If in case (BIG IF) you get sued by your potential tenant then you can also sue your current tenant. Again no need to feel scared as long as YOU did not do anything illegal. The comments that tenants have more rights than landlords are bogus. A bill can never become law until debated thoroughly on every merit by the members of the parliament.

The best place to get information is to call the LTB (number provided above). They also have offices where you can go in person to get the information. Remember they only provide information not legal advice.

Hopefully you will have this issue resolved soon. Best of luck!

[kryton619]

Don't be scared by the above comments. If in case (BIG IF) you get sued by your potential tenant then you can also sue your current tenant. Again no need to feel scared as long as YOU did not do anything illegal. The comments that tenants have more rights than landlords are bogus. A bill can never become law until debated thoroughly on every merit by the members of the parliament.

The best place to get information is to call the LTB (number provided above). They also have offices where you can go in person to get the information. Remember they only provide information not legal advice.

Hopefully you will have this issue resolved soon. Best of luck!

Have you signed a lease with the new tenant? I know the lease that I use contains the following wording: The Tenant shall occupy the Rented Premises, subject to the present tenant vacating for a term beginning on....... this should provide some protection.

Having spent a great deal of time in the tribunal over the years, I would have to agree with Beeg that the landlord typically does get the short end of the stick. Oh, by the way, while you as the landlord will not get legal advice at the tribunal, your tenant will have free access to the duty council.

[Beeg]

Don't be scared by the above comments. If in case (BIG IF) you get sued by your potential tenant then you can also sue your current tenant. Again no need to feel scared as long as YOU did not do anything illegal. The comments that tenants have more rights than landlords are bogus.

The best place to get information is to call the LTB (number provided above). They also have offices where you can go in person to get the information. Remember they only provide information not legal advice.

You are inexperienced and don't fully understand the system. You will, eventually.

The LTB number doesn't offer legal advice. In fact, if you call a few times there's a good chance you will get three different pieces of advice.

Who is trying to 'scare' anyone? Not me. In fact, I hope it all works out. However, if the tenant doesn't cooperate the landlord is in trouble.

If he refuses to move, the landlord will have to go through a long and expensive process taking months. The new tenant will then not be able to move in. The new tenant can then sue the landlord for his/her costs.

A bill can never become law until debated thoroughly on every merit by the members of the parliament.

Yes? And? The NDP and Liberals created a new bad tenant friendly RTA in 2006-7.

Are you a political activist? Well, I was one of the people who pushed the PC's to introduce a Bill for a 25% damage deposit to be allowed under the RTA in 2011. PC's voted for it, yet it was voted down.

Somehow I doubt you were either at Queen's Park or part of the hard-working lobby group representing the interests of small landlords. Sure, keep thinking things are "fair"...

[Beeg]

I know the lease that I use contains the following wording: The Tenant shall occupy the Rented Premises, subject to the present tenant vacating for a term beginning on....... this should provide some protection.

In BC, Alberta, Saskatchewan, Manitoba, PEI, Nova Scotia, etc. it provides protection.

In Ontario, no protection when it comes to move out dates.

In Ontario tenants don't have to move out when the lease ends.

Tenants don't even have to move out when they agree (in writing) to move out. They can take it to the Landlord and Tenant Board.

This not only takes weeks (months), but the defense by Legal Aid of "the tenant was intimidated to move out" usually wins over the current crop of adjudicators who then rule the tenant can stay.

Don't believe me? Go watch some LTB hearings in your area.

[dasaylay]

Beeg is right. Ontario, unfortunately provides very little protection for landlords from bad tenants. From not allowing security deposits to be held for damages to the unit when moving out, to dealing with a squatter who will refuse to move out at the expiration of the lease. Your only option is to go to the LTB and file for a tribunal which unfortunately is a long and tedious process.

Fortunately, we've never had to deal with bad tenants. You can do as much due diligence on your potential tenants with background and reference checks but one turn of events can make even the most pleasant of tenants turn into a nightmare.

[Beeg]

Beeg is right. Ontario, unfortunately provides very little protection for landlords from bad tenants. From not allowing security deposits to be held for damages to the unit when moving out, to dealing with a squatter who will refuse to move out at the expiration of the lease. Your only option is to go to the LTB and file for a tribunal which unfortunately is a long and tedious process.

That's right.

This is why tenant screening (including employment and CREDIT CHECKS) is so important for landlords in Ontario.

In this situation the OP should go talk to the tenant and inform him there is someone moving in the day after he agreed to terminate his tenancy. The OP should inform the tenant that if he doesn't move, the new tenant will be very angry and likely seek compensation. If the current tenant has stable employment and a good credit score, he will want to protect that and not want the OP to sue him in small claims.

Of course, if someone has poor credit, unstable employment, or are on Disability (ODSP) or welfare (OW) they will know you will never collect from them and can ignore you.

Hopefully the OP talks to the tenant and it all works out.

I suggest he also learn about the Landlord and Tenant Boar form L3 (http://www.ltb.gov.on.ca/stdprodcons...l02_111560.pdf)

[Kintoronto]

If call police for landlord/tenant problem police will refuse and say go to civil court and get lawyer.

[Beeg]

The comments that tenants have more rights than landlords are bogus.

You have a lot to learn. And I bet you will learn soon.

[Beeg]

The comments that tenants have more rights than landlords are bogus.

Well, look at what an Ontario Superior Court Justice has to say on the issue:

The situation led Ontario Superior Court Justice Ted Matlow to brand Mr. Hitti’s appeal an “abuse of process” and decry the way landlord and tenant disputes are handled, calling for the provincial government, the courts and the Landlord and Tenant Board to plug obvious holes in the system.

“My recent experience sitting as a single judge of this court to hear motions has convinced me that there is a growing practice by unscrupulous residential tenants to manipulate the law improperly, and often dishonestly, to enable them to remain in their rented premises for long periods of time without having to pay rent to their landlords,” Judge Matlow wrote in his ruling on Ms. D’Amico’s dispute with Mr. Hitti.

“It is [a] practice that imposes an unfair hardship on landlords and reflects badly on the civil justice system in Ontario,” he wrote.

Judge calls on province to plug loopholes after hearing couple lived rent-free in $3,600 a month apartment
http://news.nationalpost.com/2012/08...#disqus_thread

[Kintoronto]

Hello all,

I have a tenant in Toronto who has given me an official 60 days notice form (I downloaded it from the board web site) to vacate his room.
Tenant is nice with me but he is not the most organized person. He has about 2 weeks to move out and I asked him if he had any luck finding a new room, and he said not yet (I know he is actually looking).

I have a new tenant coming into the room the day after old tenant's rental agreement ends.
My question is what if the old tenant is still in the room when the new tenant show up for the moving-in?

What are my options?

P.S I was not sure to open this in personal finance or home & gardening, if needed please move.

What happen?

[venture89]

What happen?

i will update it after the move out date.