Real Estate

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

  • Last Updated:
  • Jul 27th, 2021 3:24 pm
Sr. Member
Dec 3, 2019
696 posts
680 upvotes
Ontario
Chickinvic wrote: Not true.
I think you are misinterpreting the family law act. Just because you might not be entitled to property does not mean the court will make you homeless. If there's a breakdown of the relationship and you don't move out claiming you have no where to go the court will award piece of that house.
How much if any is in the details.
Deal Fanatic
Mar 10, 2014
5032 posts
5820 upvotes
Wow. Shocking to see some of the "advice" being provided on this thread. I've used a family court lawyer and then self represented myself. Hopefully, OP does her own homework and verify what is true. 98% of the family court lawyers are basically useless and only deplete the net family assets before agreeing to settle. And they charge $500+ /hr.
Sr. Member
Dec 3, 2019
696 posts
680 upvotes
Ontario
In Ontario if you are ever interpreting something to mean that person can be homeless immediately, you are interpreting it incorrectly.

Just because you pull out a sentence from the RTA or the family law act doesn't mean there isn't other case law or something else that applies.
Deal Addict
User avatar
Jan 2, 2012
4596 posts
3099 upvotes
Toronto
buysellbuy wrote: rob444

You are posting a lot of incorrect information here.

You cannot evict a roommate immediately. Just because the RTA does not apply does not mean you can make up your own laws. In this situation case law applies. There is a notice period courts have ruled acceptable to evict a roommate. That notice period is shorter if there is a threat to safety.
You can indeed evict immediately. This is as I mentioned, most commonly used when roommate threatens you. Don't take it from me though, here is a lawyer's take:
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.

I think you are confusing what the home owner can do immediately, vs what the repercussions may be later based on case law. If the home owner changes the locks while the roommate is out, there is no law that the police can enforce that would allow them to force the home owner to allow the roommate to live with them again. However as I clearly mentioned several times, the roommate could sue the home owner in small claims court and argue they weren't given acceptable time to leave. Based on case law, the judge could side with the roommate and make the home owner pay them damages.
Deal Addict
User avatar
Jan 2, 2012
4596 posts
3099 upvotes
Toronto
Chickinvic wrote: Not true.
Actually this does seem to hold true: https://www.cleo.on.ca/en/publications/ ... aw-couples
Property division for common-law couples
Unjust enrichment
If you contributed financially or in some other way to your spouse's property, you might be able to claim a share of that property. For example, you might have done unpaid work at home so your spouse could do paid work, or you might have worked without pay in a family business.

A court can look at whether your spouse was "unjustly enriched" at your expense. But this can be hard to prove.

If the court gives you a share of your spouse's property, the size of the share may depend on how much you contributed or on how much your contribution increased the value of your spouse's property.


Of course going through the court system takes a long time. At the immediate time of breakup, if the home owner kicks out their ex-common law partner, I don't see what they could do to force their way back in without going through the whole court process first and getting a judgement in their favor.
Deal Addict
Oct 13, 2014
2896 posts
2234 upvotes
Just Moved To Somewh…
buysellbuy wrote: You cannot evict a roommate immediately. Just because the RTA does not apply does not mean you can make up your own laws. In this situation case law applies. There is a notice period courts have ruled acceptable to evict a roommate. That notice period is shorter if there is a threat to safety.
Oh Please do cite the actual case law you are referring to. Keeping in mind that case law tends to apply at a later stage when there are court proceedings.
#1 - “Don’t irritate old people. The older they get, the less “Life in prison” is a deterrent."
#2 - Are you a Sexual Intellect? /S - What you post in this thread may determine that.
Deal Addict
User avatar
Jan 2, 2012
4596 posts
3099 upvotes
Toronto
rcmpvet wrote: Oh Please do cite the actual case law you are referring to. Keeping in mind that case law tends to apply at a later stage when there are court proceedings.
Not to mention case law here as it pertains to roommates, would only apply to monetary damages being awarded. Would love to see a case where a court forced a home owner to allow a previously kicked out roommate to live with them again.

Compare that to a tenant protected under the RTA, in which if a landlord changes the locks on them, they can contact the LTB to force the landlord to let them back into their home and also net the landlord a hefty (up to I think $25K or so?) fine.
Sr. Member
Dec 3, 2019
696 posts
680 upvotes
Ontario
rob444: I think you lost credibility when quoting what the landlord said. That has no meaning.

rcmpvet: you can look at the article rob444 posted for the case law. Just unlike rob444 scroll down to the bottom that's where the meaningful stuff is.
Deal Addict
User avatar
Jan 2, 2012
4596 posts
3099 upvotes
Toronto
buysellbuy wrote: rob444: I think you lost credibility when quoting what the landlord said. That has no meaning.
Ya try again, that is the lawyer's recommendation to the client (home owner). Talk about losing credibility. I'll take the word of a lawyer over yours any day.
Deal Fanatic
Feb 4, 2010
7156 posts
7138 upvotes
buysellbuy wrote: rob444: I think you lost credibility when quoting what the landlord said. That has no meaning.
Hmm he may have lost credibility with you but not with me and perhaps others. We have all have the responsibility to do our own homework and ensure what's being posted on here is correct - but it seems clear to me that you're a bit confused. Re-read post #84 with a clear and open mind.
buysellbuy wrote: In Ontario if you are ever interpreting something to mean that person can be homeless immediately, you are interpreting it incorrectly.

Just because you pull out a sentence from the RTA or the family law act doesn't mean there isn't other case law or something else that applies.
I am a long-time volunteer at a shelter where homelessness and housing issues are a constant- I can confirm you are wrong.

We've completely derailed OP's thread - sorry OP.
Deal Expert
User avatar
Feb 8, 2014
32149 posts
15427 upvotes
Socially Distanced
atom2020 wrote: Getting legal advice
You don’t need a lawyer to apply for a restraining order, but it can be a good idea. A lawyer can help you to navigate the process, especially if your case includes complicating issues like immigration or parenting arrangements for a child. Judges and court staff cannot give you legal advice. Only lawyers can give you legal advice.

The Law Society Referral Service can provide you with the name of a lawyer who practices family law and will provide a free initial consultation of up to 30 minutes. If you are unable to use the online service because you are in a crisis, you may call 416-947-5255 or toll free 1-855-947-5255.

The Law Society of Ontario also maintains a list of lawyers in Ontario.

If you can’t hire a lawyer for your whole case, you may choose to hire a lawyer who is willing to give “unbundled legal services” or “limited scope services.” This means that the lawyer provides you with initial advice or helps you with specific steps in your case.

If you can’t afford a lawyer, you may wish to contact Legal Aid Ontario ( 1-800-668-8258) to see if you are eligible to receive legal aid. If you have experienced family violence and need legal help right away, you might be able to get two hours of free advice from Legal Aid Ontario.

You might also be able to get help from a Family Court Support Worker.
+1

The OP needs legal advice, especially since they are out of the country and the military could end up involved.
Do nothing without being sure its backed by the law.

Also i hope the OP lets us know what happens.
In fact in Rand McNally they wear hats on their feet and hamburgers eat people
Deal Addict
Oct 13, 2014
2896 posts
2234 upvotes
Just Moved To Somewh…
buysellbuy wrote: rob444: I think you lost credibility when quoting what the landlord said. That has no meaning.

rcmpvet: you can look at the article rob444 posted for the case law. Just unlike rob444 scroll down to the bottom that's where the meaningful stuff is.
In keeping with the feelings of others this has gone somewhat off-topic and too many variables are being brought into play for this particular situation. The OP @apavel should be consulting with a lawyer.

@buysellbuy, The point I am trying to bring home here is that there is no definitive answer as you are trying to elude to. I do thank you for the reference as I did not earlier read the link that was posted, however, that said the link is just one lawyer's opinion and the decision is not definitive as it comes from the lower courts and another Small Claims Court J.P. does not even have to follow that decision. As an aside I tried to find the case law that was referenced and it does not show up in either Carswell or Canlii. That is not to say it does not exist, however I always put very little weight on something or a link whereby I cannot read the actual decision myself.

Now let us all just get back to the OP's actual problem.
#1 - “Don’t irritate old people. The older they get, the less “Life in prison” is a deterrent."
#2 - Are you a Sexual Intellect? /S - What you post in this thread may determine that.
Deal Guru
User avatar
Sep 14, 2003
11102 posts
1342 upvotes
Georgetown
Honestly, just change the locks. The problem is that you're out of country and it's hard to enforce things yourself.

I'd change the locks and leave his shit on the porch. Come and get your sh** and get out.

I've learned that the police and the courts really don't do anything - it costs significant money to fight things. Action is your friend. Gently move his things appropriately, and make sure they don't get ruined or broken, and once he has that, escort him off the premises.
4chan melts your brain.

Top