Real Estate

Renter Neglecting Home - Can We Do Anything? (Pickering, Ontario)

  • Last Updated:
  • Aug 20th, 2020 11:19 am
Deal Addict
User avatar
Jan 2, 2012
3941 posts
1806 upvotes
Toronto
IHavocI wrote: I sent them an email yesterday. I made sure it was friendly reminder. I explained that clutter can be a fire hazard and that a clean unit prevents infestation of rodents. Also, showed that (based on the Residential Tenancies Act) they are responsible for the cleanliness of the unit.
Others have mentioned the N7 but that is an extreme that requests immediate eviction within 10 days with no recourse for tenants to simply fix the problem.

Alternatively you can submit an N5 form to them, which outlines the damage and that you are giving them 7 days to correct it. If they don't fix it or it happens again and you give a 2nd N5, you then apply for eviction.
http://tribunalsontario.ca/documents/lt ... 0_2015.pdf

Note though that these forms are for tenants "damaging" the unit. There is no mention of simply causing a mess. So you'd have to convince the LTB on actual quantifiable "damage" they are doing to the unit, not just the potential of what may happen. Tread carefully or you may piss off the tenants and have them suddenly stop paying rent and dragging you through the LTB for months on end.
Last edited by rob444 on Aug 17th, 2020 3:35 pm, edited 2 times in total.
Deal Fanatic
Feb 22, 2011
8555 posts
10145 upvotes
Toronto
tebore wrote: It's clear you're not a landlord at least not one in Ontario.
I am a landlord, and I have evicted numerous people in Ontario and sent them to collections. You also don't need permission to enter your own property, you give the tenant 24 hours notice. They are also required by law to keep the property clean and maintained.
[OP]
Sr. Member
Apr 4, 2017
783 posts
523 upvotes
mazerbeaner wrote: Just reading some of these comments and some people must be teenagers or something, only lived in a place their parents cleaned for them. How can an unkempt home become damaged? Seriously? Roaches, mice, rats they can all cause serious damage to a home. Not to mention the damage that can be done to the HVAC system or drains.

OP give them 24 hours notice, take pictures, you do not need their permission, you tell them you are coming. Then start the eviction process.
http://www.slaw.ca/2016/04/05/are-landl ... nt-tenant/
Sr. Member
Jun 7, 2017
948 posts
691 upvotes
BC
mazerbeaner wrote: I am a landlord, and I have evicted numerous people in Ontario and sent them to collections. You also don't need permission to enter your own property, you give the tenant 24 hours notice. They are also required by law to keep the property clean and maintained.
Wrong. Clean is not required. Not hazardously dirty is where the bar is set at.
Tenant does not maintain the property. This is the role of the landlord.

You appear to be clueless on the subject of landlordism.
Sr. Member
Sep 7, 2018
722 posts
625 upvotes
cardguy wrote: pride of ownership?
what pride does a renter have of completing his landlords ownership?,,,if you play the game...you live with the score
Some people have pride of ownership. Some people have dead grass, weeds, junk cars on the lawn, garbage all over the house.

If you're the latter, then you just don't get it.
Sr. Member
Jun 7, 2017
948 posts
691 upvotes
BC
superscoots wrote: Some people have pride of ownership. Some people have dead grass, weeds, junk cars on the lawn, garbage all over the house.

If you're the latter, then you just don't get it.
Many renters don't care. The dwelling is just fixed cost storage for them and their stuff, nothing more... landlord pays for all upkeep, maintenance, upgrades, property tax. The renter sees zero benefit in real estate appreciation, so they attempt to take a pound of flesh out of sheer bitterness. Go ahead and make a case for why they should care.
Deal Fanatic
Feb 22, 2011
8555 posts
10145 upvotes
Toronto
Furcorn wrote:
Wrong. Clean is not required. Not hazardously dirty is where the bar is set at.
Tenant does not maintain the property. This is the role of the landlord.

You appear to be clueless on the subject of landlordism.
Lol it literally says cleanliness in the RTA;

"The tenant is responsible for ordinary cleanliness of the rental unit"

Ontario has a standard lease, tenant needs to keep it ordinary clean not just a lack of hazard.

I know enough not to rent to degenerate slobs, and if I did have someone like that in my property I wouldn't be going to the LTB to get them out that's for sure.
Deal Fanatic
Apr 5, 2013
5008 posts
2054 upvotes
markham
superscoots wrote: Some people have pride of ownership. Some people have dead grass, weeds, junk cars on the lawn, garbage all over the house.

If you're the latter, then you just don't get it.
I am neither...but i can see both sides...

if i rent..just like some of you...then who cares as i am paying for a timed use...same as a car...many here abuse rentals cars...what is the difference?
Newbie
May 25, 2020
45 posts
26 upvotes
Ottawa
mazerbeaner wrote: Lol it literally says cleanliness in the RTA;

"The tenant is responsible for ordinary cleanliness of the rental unit"

Ontario has a standard lease, tenant needs to keep it ordinary clean not just a lack of hazard.

I know enough not to rent to degenerate slobs, and if I did have someone like that in my property I wouldn't be going to the LTB to get them out that's for sure.
I believe your interpretation of section 33 is incorrect. Based on my plain text reading of it, section 33 is actually protecting the landlord. The way it is written protects the landlord from being liable for issues caused by the tenant, which then subsequently affected the tenant. That is to say, section 33 prevents your tenant from suing you (the landlord) for them getting lung cancer from their own smoking in their own unit. It would need to be tested by some example cases, but as the law is written, it appears to me that section 33 acts to protect the landlord.

All that is to say to the OP, there is no legal remedy available to you where your outcome is to be able to dictate to your tenant how they should live their life. Other posters have summarized the conditions for an N5, which you are free to use to attempt in conjunction with an L2 to evict your tenant, but the law is very clear that the one thing you are not empowered to do is to force the tenant to live their life in away that you dictate. To be clear I am not taking a position on whether this is a good or bad thing, I am simply speaking academically on how the law is applied.
Deal Addict
Jun 18, 2018
1304 posts
809 upvotes
Toronto
Just call up the LTB to get a better answer imo.. too much conflicting answers here
Newbie
May 7, 2019
21 posts
28 upvotes
if your interested in selling your home wiht the disgusting tenants i'd buy it :) shoot me a DM - i'm an investor
Jr. Member
Mar 9, 2019
121 posts
63 upvotes
I would try asking them politely and see where that goes. Your SIL can let the tenant become month to month or she can notify the tenant that she plans to move in and give her notice. Keep it vacant for a bit and then try and re-rent it.
Deal Expert
User avatar
Nov 28, 2016
18193 posts
2305 upvotes
Out west
IHavocI wrote: I found this in the Residential Tenancies Act, 2006

"The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it. 2006, c. 17, s. 33."
So who decides whats ordinary cleaniness, you, the renter or the courts. Some people are anal about things being neat and tidy, others dont care if laundry sits around, etc.

Unless this filth is causing physical damage to the house, whats the issue? What if they clean when you come, and then the rest of the time its filthy, how would you know

As well, if I was still renting, and I had a landlord come in and say clean the house, Id tell him to go to hell. I pay rent to you, Im not your slave or your maid.

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