Real Estate

Have to evict Ontario tenants sharing bathroom and toilet with landlord

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  • Aug 25th, 2021 8:11 am
[OP]
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May 22, 2019
1297 posts
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Have to evict Ontario tenants sharing bathroom and toilet with landlord

The tenant are sharing kitchen and bathroom with landlord, if I call the police, can I evict the tenants without reason?

I call our local police, police officer came and said it is non of their business. I called LTB, LTB told me it is not protected under RTA, I can do the eviction.

What should I do now? How can I file a complaint to our police department?

Thanks.
Last edited by ilovetoyota on Aug 24th, 2021 10:24 am, edited 1 time in total.
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10 replies
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Jul 3, 2011
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Thornhill
You can evict just be sure you're not violating their Human Rights.

Give them some reasonable notice, If they don't move at that date you can call the police.
[OP]
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May 22, 2019
1297 posts
1226 upvotes
We called the police, the police does not want to do anything. And LTB confirmed that the case is not protected under RTA.

Tenants keep threaten us verbally.

What should we do now?
licenced wrote: You can evict just be sure you're not violating their Human Rights.

Give them some reasonable notice, If they don't move at that date you can call the police.
World cup is coming
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Jul 3, 2011
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Thornhill
ilovetoyota wrote: We called the police, the police does not want to do anything. And LTB confirmed that the case is not protected under RTA.

Tenants keep threaten us verbally.

What should we do now?
What you're allowed by law. Hire a lawyer for their advice.
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Feb 8, 2014
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licenced wrote: What you're allowed by law. Hire a lawyer for their advice.
This.
You can find a lawyer with a free initial consult or a paralegal.
Get those threats in a permanent form, save texts if there are any or record them on your phone in future (if one party is legal in your location).
In fact in Rand McNally they wear hats on their feet and hamburgers eat people
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Jun 12, 2003
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I've hired 1 Lawyer ($3000), 1 LTB consultant ($250), and 1 Paralegal ($2000?) to evict a non-paying tent ($23,000 owed).

I highly recommend https://www.legaleyes.ca/ (Paralegal - Jennifer Mondejar). Bright and driven Paralegal. When I went to the LTB hearing with her, I could already tell she's brighter than the other paralegals. Not a statistically significant analysis, but definitely hire the right person. Some paralegals there had noooo idea what they were doing.

Not sure what else to say. RTA is a $#@%!.
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chinaboy1021 wrote: I've hired 1 Lawyer ($3000), 1 LTB consultant ($250), and 1 Paralegal ($2000?) to evict a non-paying tent ($23,000 owed).

I highly recommend https://www.legaleyes.ca/ (Paralegal - Jennifer Mondejar). Bright and driven Paralegal. When I went to the LTB hearing with her, I could already tell she's brighter than the other paralegals. Not a statistically significant analysis, but definitely hire the right person. Some paralegals there had noooo idea what they were doing.

Not sure what else to say. RTA is a $#@%!.
That is a lot of money, owed and paid for representation.
That said for that much owed it was probably worth every penny.

Lets hope the OP is not owed this much cash.
In fact in Rand McNally they wear hats on their feet and hamburgers eat people
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Worth every penny - it's the cost of education at a high level since my tenant was an experienced squatter. It was difficult to evict him. Took 8 months of financial and mental stress. Nevermind the legal fees, the lack of rent payment ($2800/mo) alone was financially stressful. $5000+ in legal fees, and not all the unpaid rent was recovered.
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chinaboy1021 wrote: Worth every penny - it's the cost of education at a high level since my tenant was an experienced squatter. It was difficult to evict him. Took 8 months of financial and mental stress. Nevermind the legal fees, the lack of rent payment ($2800/mo) alone was financially stressful. $5000+ in legal fees, and not all the unpaid rent was recovered.
Egads :facepalm:
In fact in Rand McNally they wear hats on their feet and hamburgers eat people
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Feb 29, 2008
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Tarrana & The Ri…
chinaboy1021 wrote: Worth every penny - it's the cost of education at a high level since my tenant was an experienced squatter. It was difficult to evict him. Took 8 months of financial and mental stress. Nevermind the legal fees, the lack of rent payment ($2800/mo) alone was financially stressful. $5000+ in legal fees, and not all the unpaid rent was recovered.
Terrible.
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Jan 2, 2012
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ilovetoyota wrote: We called the police, the police does not want to do anything. And LTB confirmed that the case is not protected under RTA.

Tenants keep threaten us verbally.

What should we do now?
Do you have a rental contract with the tenant that outlines notice required to evict? If so you should follow that. If no contract that in an ideal situation you would give them suitable notice (like 20 days)

If you feel it's justified (as you're being threatened and/or fear for your life or well being), you can do an immediate eviction. So when tenant is out, put their stuff in storage and change the locks. Their tenancy is now over, and you can call the cops for trespassing if they attempt to get back into the home.

Tenant is not protected under the RTA so there is no entity (like the LTB) that can force you to let them back into the home.

The tenant's only recourse would be to sue you in small claims court for their financial losses for an unreasonable eviction, but if you have some proof of them threatening you or can convince a judge of it, they eviction could be seen as perfectly legal. So I would start carrying around a recording device every time you talk to them.

Here is a lawyer's take of doing an immediate eviction in your situation: https://ontariolandlordandtenantlaw.blo ... mmate.html
Notwithstanding the guidance that the RTA provides in its Notice periods; in the circumstances of the situation I've described above I was comfortable recommending to the client that "reasonable notice" was immediate termination and removal from the apartment. In effect, I felt that in the circumstances, zero notice was appropriate. My reasoning was that I could not envision a Court requiring an elderly gentleman to live in circumstances where he was being threatened, verbally abused, and his personal bedroom was being invaded. Presuming of course that the behaviour of the roommate could be proven, I felt that it was reasonable to make the roommate leave immediately without giving him any notice or warning.

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