Living with boyfriend, no rental agreement signed. Now he stopped paying rent and refuses to leave.

It's your house. Contact the police and say someone is trespassing and you want them removed.

apavel wrote: ↑ I was hoping to get some advice.. My boyfriend and I have lived in a house together for 1-2 years and both are full time employed with the military. I own the house and pay mortgage, while my boyfriend pays me half of mortgage to live there as rent. No rental agreement was signed. I am deployed overseas for a year. When I was leaving the relationship turned rocky, and as soon as I left he stopped paying rent and does not reply to my efforts to contact him. He did reply once and said he is not leaving and not paying rent because he is saving up for his own house.

Does anyone have any advice on how to deal with this? He has lived there for several months now, and does not pay, even though he has the means to pay. I am also fearful - I worry that I won't be safe in my home when I return. Should I just turn off utilities? What are my rights here? Should I go through some evictions process? I don't even know if this applies since we don't have a rental agreement.

Thank you!

I (partially) agree with @taxrage. It's your house and if his name isn't on anything, you have the right to kick him out.

That being stated, I'm not sure of the (rental) laws are in Ontario since your profile indicates that you live in Toronto so you will need to verify this but in certain jurisdictions, once someone has been living at an address for over 30 days or a certain number of days, it becomes more difficult to get rid of them and the person must go through the standard eviction process to get them out. There are many stories about AirBnB renters staying over 30 days and because of the law in their jurisdiction, the person who rented to them but go through the standard eviction process to get them out even when the person stopped paying AirBnB, etc.

What I probably don't agree with that @taxrage write is to contact the police expecting any form of relief (but it probably doesn't hurt to contact them). I can only speak about my stint as a landlord in the province of Quebec but the police won't do anything. They will say it is a civil/rental matter and give you the phone number or contact information for your provincial rental board which in the province of Quebec is the Regie du Logements. Also, if the person has been living there for awhile as you've indicated (~2 years), I'm sure that the person has ID showing that is his address (bills, driver's license, etc.) which is another reason why the police won't do anything.

You'll probably have to go through the eviction process even without a rental agreement. It might be a good idea to speak with a lawyer at this point. Good luck.

Seems like if he refuses to leave and its your property you can call the police. It might be better to do this sooner rather than later for the written record in case something bad happens down the line.

hire someone to change the door locks...

Shadow Rider wrote: ↑ Seems like if he refuses to leave and its your property you can call the police. It might be better to do this sooner rather than later for the written record in case something bad happens down the line.

I think the whole point is to not have anything bad happen later. He needs to leave asap.

He's not an owner, a tenant or a common-law spouse. He was a guest in her property and is no longer welcome. Time to leave.

I'd send him a registered letter to vacate the property within 30 days, after which the locks will be changed and police called. If he's still there after 30 days, phone the police and ask that he be charged with trespassing.

lmcjipo wrote: ↑ That being stated, I'm not sure of the (rental) laws are in Ontario since your profile indicates that you live in Toronto so you will need to verify this...

The way I understand things is if it falls under the RTA in Ontario, it wouldn't really matter if it was "in writing" as it was obviously being rented.

But since the tenant is living with the owner, particularly if they are sharing a kitchen or bathroom, the RTA shouldn't apply

For example, the RTA does not apply:

if the tenant must share a kitchen or bathroom with the owner, or the owner's family members

https://tribunalsontario.ca/ltb/faqs/#faq1

Which generally makes it MUCH easier... I think in that case the police could potentially remove them if he's been given a reasonable chance to leave. Although it does make it tricky if you're not there to do this, so not sure how that would go. Anyways that is my brief understanding but should be checked in to.

Thanks everyone for your suggestions, it certainly gives me a lot to think about. I should probably formally send him a notice asking him to vacate in 30 days. Once that lapses, I'll probably ask utility company to turn off utilities, since I won't be there for another 6 months. Could hire someone to change the locks as well.

apavel wrote: ↑ Thanks everyone for your suggestions, it certainly gives me a lot to think about. I should probably formally send him a notice asking him to vacate in 30 days. Once that lapses, I'll probably ask utility company to turn off utilities, since I won't be there for another 6 months. Could hire someone to change the locks as well.

Being that the now ex-boyfriend is also in the military, wouldn't it be worthwhile getting an opinion from the MP ( Military Police ), in the event things go from bad to worse?

It seems to me this is a civil matter outside the military grounds. I'm not sure MPs are able to enforce civil matters.

Doesn't hurt to try.

apavel wrote: ↑ It seems to me this is a civil matter outside the military grounds. I'm not sure MPs are able to enforce civil matters.

Given how the military and police treat their female employees, I would be surprised if OP got the help/support she needed if they were in a position to help.

apavel wrote: ↑ Thanks everyone for your suggestions, it certainly gives me a lot to think about. I should probably formally send him a notice asking him to vacate in 30 days. Once that lapses, I'll probably ask utility company to turn off utilities, since I won't be there for another 6 months. Could hire someone to change the locks as well.

30 days is plenty of time for him to put his stuff in storage if necessary and find another place to hang out.

He's trying to turn his problem into your problem. Don't let him.

After you give him 30 days notice, phone in a police report that someone is trespassing on your property and that you plan to change the locks within a few days since he has refused your request to leave the property. This will create a police report will appear on any future law enforcement checks (speeding ticket etc.). Tell him that you will be phoning the police to report a trespasser if he is still there after 30 days.

Call the tenant and landlord board and get advice.

apavel wrote: ↑ I was hoping to get some advice.. My boyfriend and I have lived in a house together for 1-2 years and both are full time employed with the military. I own the house and pay mortgage, while my boyfriend pays me half of mortgage to live there as rent. No rental agreement was signed. I am deployed overseas for a year. When I was leaving the relationship turned rocky, and as soon as I left he stopped paying rent and does not reply to my efforts to contact him. He did reply once and said he is not leaving and not paying rent because he is saving up for his own house.

Does anyone have any advice on how to deal with this? He has lived there for several months now, and does not pay, even though he has the means to pay. I am also fearful - I worry that I won't be safe in my home when I return. Should I just turn off utilities? What are my rights here? Should I go through some evictions process? I don't even know if this applies since we don't have a rental agreement.

Thank you!

Are you trying to tell us something?

You know the situation better then anyone. Are there bad signs?

A reasonable person would leave… if i had a break up. It’s be awkward as heeeeelll. Most people would just go… but he has the means… so i’m starting to think this is just a way of control you. Hurting you financially and invading personal space… its a way of hurting you back.
Possibly a bad sign.

I remember me and @rcmpvet talking about this type of situation.
“What happens if someone doesnt leave… and the situation doesnt fall under the RTA?”

Its the court process that can lead to a court enforced judgement to have them removed.
This happens when the Landlord Tenant Board & RTA doesn’t apply.
He isn’t really a tenant… it seems like he is a domestic partner.

Be honest to yourself. You think he is cheap and vindictive? Or do you feel like this is a power play that can lead to violence?

You may have to strategize to avoid any bad stuff. Sorry i wish to put it lightly…

Police @ times seem like “they do nothing”. In reality… they allocate limited resources to matters that are of immediate threat to public safety.

For example they won’t kick out an airbnb guest who over stays their visit… you can solve that yourself by complaining to airbnb or pursuing it in civil court. There are civil court processes for solving that problem.

However if its a domestic violence situation, they will respond quickly. Due to the imminent danger and high statistical probability of immediate threat to peoples safety.

You been with him for years. Do you think you can have an honest talk with him to leave? Or do you think he will resort to violence? Has he ever resorted to violence in the relationship?

You don't want to turn off the utilities - the pipes could burst in the winter - your house could get damaged....

I hate to throw one more monkey wrench into this, but wouldn't common law partnership also apply here now as they cohabitated for more than a year?

Clacker wrote: ↑ I hate to throw one more monkey wrench into this, but wouldn't common law partnership also apply here now as they cohabitated for more than a year?

It doesn't, as it takes three years of cohabitation in Ontario to become common law. One year is for the case there is a common child.

You guys shared the house, so he's not a tenant and doesn't qualify for tenant protection. He is a trespasser and you can call the police. Obviously, you've got to asking him to leave first and work your way up to calling the police

apavel wrote: ↑ I was hoping to get some advice.. My boyfriend and I have lived in a house together for 1-2 years and both are full time employed with the military. I own the house and pay mortgage, while my boyfriend pays me half of mortgage to live there as rent. No rental agreement was signed. I am deployed overseas for a year. When I was leaving the relationship turned rocky, and as soon as I left he stopped paying rent and does not reply to my efforts to contact him. He did reply once and said he is not leaving and not paying rent because he is saving up for his own house.

Does anyone have any advice on how to deal with this? He has lived there for several months now, and does not pay, even though he has the means to pay. I am also fearful - I worry that I won't be safe in my home when I return. Should I just turn off utilities? What are my rights here? Should I go through some evictions process? I don't even know if this applies since we don't have a rental agreement.

Thank you!

taxrage wrote: ↑ 30 days is plenty of time for him to put his stuff in storage if necessary and find another place to hang out.

He's trying to turn his problem into your problem. Don't let him.

After you give him 30 days notice, phone in a police report that someone is trespassing on your property and that you plan to change the locks within a few days since he has refused your request to leave the property. This will create a police report will appear on any future law enforcement checks (speeding ticket etc.). Tell him that you will be phoning the police to report a trespasser if he is still there after 30 days.

30 days is also plenty of time for him to take all her stuff and leave her with an empty house. Even if she gets the locks changed, she's away working, will the locksmith just end up leaving the new keys to whoever is living there? Which would be him.