Advice: Issue with tenants

Ryan5199 wrote: ↑ Hi I bought my first house last year and the basement was rented out to someone by previous owners, they were students so they keep switching.
The previous owner asked if they can continue staying, I didn’t think much of it and it will help me pay my mortgage, so I said sure.
Now there is someone else staying at the place, and they paid first and last months rent, they replaced some on Jan.
This new person is said my unit is not up to the code and it’s illegal, I didn’t know about all this and did some research.
So I asked the person to leave and I would give their rent back so I can find a contractor to do the needed to make it legal. They are refusing to leave and told me they will only pay 1/4 of the rent going forward or they will contact the city and report me, and that I’ll be fined 25k.

I’m already in a financial hardship due to pandemic, I’m worried that I’ll be fined now. Need some advise on how to deal with this

Thanks.

y2jversion1 wrote: ↑ Did you sign any documentation with them or enter into a documented fixed term lease?

Ryan5199 wrote: ↑ No I haven't, they are students I think some stay for 3 months others longer. They pay month to month

Ryan5199 wrote: ↑ Hi I bought my first house last year and the basement was rented out to someone by previous owners, they were students so they keep switching.
The previous owner asked if they can continue staying, I didn’t think much of it and it will help me pay my mortgage, so I said sure.
Now there is someone else staying at the place, and they paid first and last months rent, they replaced some on Jan.
This new person is said my unit is not up to the code and it’s illegal, I didn’t know about all this and did some research.
So I asked the person to leave and I would give their rent back so I can find a contractor to do the needed to make it legal. They are refusing to leave and told me they will only pay 1/4 of the rent going forward or they will contact the city and report me, and that I’ll be fined 25k.

I’m already in a financial hardship due to pandemic, I’m worried that I’ll be fined now. Need some advise on how to deal with this

Thanks.

Spiritwalker2222 wrote: ↑ Where are these renters coming from? Are you vetting them? It almost sounds like someone else is managing this and you are not in the know.

y2jversion1 wrote: ↑ Technically as they are on month-to-month and not on a fixed term agreement, an n13 may be able to be enforced *HOWEVER*, you'd have to evict all of the occupants to avoid any legal issues - from what I'm reading.

https://tribunalsontario.ca/documents/l ... ns/N13.pdf

Your first mistake was not having any documentation with anyone, and your current tenant took advantage of you. Regardless of it being students or whoever, get the documentation signed/completed along with the Ontario Standard Lease Agreement: http://www.forms.ssb.gov.on.ca/mbs/ssb/ ... /2229E.pdf

Please note that with the eviction, you may be required to provide compensation to the tenant(s) for alternative accommodation (up to 1 month's rent) or provide them alternative accommodation. Furthermore, the tenant(s) may opt to have the right to return upon the completion of the repairs.

^^^^^
That is if you want to go through the N13 route, otherwise you can try via the N12 route (immediate family moving in), however the compensation/alternative accommodation would still remain in this situation as well.

N12: https://tribunalsontario.ca/documents/l ... ns/N12.pdf

*****
Here is the 'complaint' process from the Province for your reference - https://www.ontario.ca/page/solve-disag ... -or-tenant

If you don't mind disclosing, what did they say was not up to code? Based on your high level research, what would the cost of remediation be? Just asking because you don't want to run into a similar situation down the road.


Good luck.

ShaziaP85553 wrote: ↑ You need to hire a paralegal, so you can have proper representation. It will also give you a piece of mid. Good luck and best wishes!