Real Estate

How To Handle This Situation

  • Last Updated:
  • Feb 9th, 2018 10:29 pm
[OP]
Jr. Member
Sep 10, 2017
128 posts
69 upvotes

How To Handle This Situation

So my father lives in Montreal and he has a rental property that he rents out in Toronto. I live in the basement while the top half is rented out. We've been having issues with out tenants in rent payment. He's suppose to pay rent on the 1st of every month as per our rental agreement and every month he never does it on time. For example, we still haven't gotten our rent for February yet and there's still $500 missing for January.

He knows he is not paying rent on time and tells me all these reasons (his bank account is frozen, etc..) He's a contruction worker, last January he did some work for another one of our house and charged $1600. He said he bought $1600 worth of material and never gave us the bill for the costs. We got estimates from other places and materials itself is like $500. So he overcharged us. He tells he got the materials from friends etc so he really doesn't any bill to show.

My dad and him been arguing about rent payment , him taking advantage of the work he did, etc... He comes talks to me yesterday saying all this and how my dad is talking to him like he's a child. He says he knows he's not paying rent on time and he's at fault but my dad shouldn't talk to him like that. Also issues with ulitily payments where basement pays 25% and top pays 75% so he separates the water bill to me. The water bill has skyrocketed since the new tenants came in and is nearlg triple, that's fine but he believes that it's way more than 25% now. He dodges my dada texts and calls a lot (mainly because of the way my dad talks). My dad has a heart condition and he knows that so he doesn't really talk back to him. The guy has a lot of financial problems, has a child with another girl and pays alimony chqs (never disclosed initially). Yesterday he was telling me that his wife is pregnant now and he has anxiety problems. He says its not his responsibility to clean the snow or pay any portion of the water bill but it clearly states all that on the agreement.

So my dad today wants to give them a notice to pay what he feels they owe so far or they will have to leave. He doesn't want to email it to them because they always say he never got it. So he wants me to go and hand them the notice.

It feels like an ugly confrontation and I am not good at these kind of things. And feel bad giving this with all the problems he has and his wife being pregnant. Me and him are good but he understands its nothing on me but still its just a tough thing to do. I honestly just hate being the middle man where and dealing with these difficult situations when already I have so much things to worry about in my life right now and really hate that now I have to go be the bad guy. And I have to do this alone which sucks...

Any advice?
8 replies
Deal Expert
User avatar
Mar 18, 2005
21558 posts
3459 upvotes
Niagara Falls
I feel like you Dad should already know what he has to do in this situation before he became a landlord...

Have your father get in touch with the landlord and tenant board for Ontario and figure out what paperwork he has to file asap.
Member
Jan 3, 2017
413 posts
393 upvotes
Take your emotion out of it and treat it like a business, which it is. Your dad should have been handing him an N4 the first time he was late. Now that you are at this step make sure you follow the rules for eviction exactly because if the tenant fights it the ltb can make your life miserable if everything is not done correctly.

The work he had done for you in the past is irrelevant to the eviction matter. Leave your emotions at the door. The fact that he pays alimony to another girl is irrelevant. leave your emotions at the door.

In regards to the snow removal, It's not the tenants job or responsibility to shovel snow even if the tenant agrees to it and it's in the contract. It falls under maintenece and is 100% the landlords responsibiltiy. It's an illegal clause in a contract and the RTA will render that clause void UNLESS there is separate consideration given for him removing snow. A discount off of the rent for example. C'mon man, it sounds like you guys have more than 1 rental and you don't know this already?

For example: I give all my tenants a discount off of the monthly rent to shovel snow and cut grass but that agreement has no part of the lease. I create a 2nd agreement separate from the lease contracting them to do snow/lawn care for $xx each month. If the rent is $1800/month. and I give them $100 for snow/lawn care I don't deduct it from the rent, They pay me $1800 and I send them a cheque for the snow/lawn care each month separate from the rent.

Anyways fill out the proper forms and take action now.
[OP]
Jr. Member
Sep 10, 2017
128 posts
69 upvotes
fryguy1987 wrote: Take your emotion out of it and treat it like a business, which it is. Your dad should have been handing him an N4 the first time he was late. Now that you are at this step make sure you follow the rules for eviction exactly because if the tenant fights it the ltb can make your life miserable if everything is not done correctly.

The work he had done for you in the past is irrelevant to the eviction matter. Leave your emotions at the door. The fact that he pays alimony to another girl is irrelevant. leave your emotions at the door.

In regards to the snow removal, It's not the tenants job or responsibility to shovel snow even if the tenant agrees to it and it's in the contract. It falls under maintenece and is 100% the landlords responsibiltiy. It's an illegal clause in a contract and the RTA will render that clause void UNLESS there is separate consideration given for him removing snow. A discount off of the rent for example. C'mon man, it sounds like you guys have more than 1 rental and you don't know this already?

For example: I give all my tenants a discount off of the monthly rent to shovel snow and cut grass but that agreement has no part of the lease. I create a 2nd agreement separate from the lease contracting them to do snow/lawn care for $xx each month. If the rent is $1800/month. and I give them $100 for snow/lawn care I don't deduct it from the rent, They pay me $1800 and I send them a cheque for the snow/lawn care each month separate from the rent.

Anyways fill out the proper forms and take action now.
He cleans the snow he chooses to. If he doesn’t do it then I would. But he just brought it up yesterday that he doesn’t have to and his wife or children fall and get injured its on us. I don’t disagree with him but he was bringing stuff like that up when he was talking to me yesterday
[OP]
Jr. Member
Sep 10, 2017
128 posts
69 upvotes
In terms of that $1600 my dad wants that money because he deducted it from the rent and my dad wrote it that he owes that much also on the notice. I told him to just leave it and let that one be but he wont
Member
Jan 3, 2017
413 posts
393 upvotes
MysticGohan wrote: He cleans the snow he chooses to. If he doesn’t do it then I would. But he just brought it up yesterday that he doesn’t have to and his wife or children fall and get injured its on us. I don’t disagree with him but he was bringing stuff like that up when he was talking to me yesterday
You are contradicting yourself. This is what happens when emotions enter a business arrangement. Your statement in bold does not match up with your statement below. Learn your rights and responsibilities as a landlord. Put the personal issues aside, call the ltb and ask them step by step what to do next.

And your tenant is right. So your next step is to shovel the snow. Your dads responsibilities do not end because there is a disagreement
MysticGohan wrote: He says its not his responsibility to clean the snow or pay any portion of the water bill but it clearly states all that on the agreement.
Last edited by fryguy1987 on Feb 9th, 2018 7:33 pm, edited 4 times in total.
Member
Jan 3, 2017
413 posts
393 upvotes
MysticGohan wrote: In terms of that $1600 my dad wants that money because he deducted it from the rent and my dad wrote it that he owes that much also on the notice. I told him to just leave it and let that one be but he wont
I don't understand. He did work for $1600 that you agreed to and because he can't provide receipts your asking for it back? Your dad should have kept the 2 transactions separate. never mix other work into rent deductions. This sounds like its personal to your dad.

Even if its not he cant mix the 2 transactions together A) non payment of rent has nothing to do with b) work that you have contracted him to do.
Banned
Feb 23, 2009
1670 posts
1495 upvotes
Oshawa
File N4 asap.
He may leave...which is good.
If not, file N12.
Anything else and you are wasting time and money.
Member
Oct 27, 2013
287 posts
77 upvotes
MISSISSAUGA
pkrash wrote: File N4 asap.
He may leave...which is good.
If not, file N12.
Anything else and you are wasting time and money.
Then try really hard to convince your dad not to rent out the house again.

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