Real Estate

Tenant may not leave

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  • Apr 23rd, 2018 6:38 pm
Sr. Member
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Feb 25, 2018
567 posts
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Tenant may not leave

I signed a lease for a new place starting the first of the month. But it seems the old tenant might not leave, they haven't found a place and are being aloof.

What are my options if they are still there on the 1st?
20 replies
Deal Expert
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Jan 27, 2004
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ONTARIO
Is that tenant squatting there? OR pulling one of those tenant dead beat scenarios?

Or is he just staying there paying rent, and not moving out according to their agreement?
ITs a bit tricky b/c its actually the land lords problem too.

Did the landlord have a signed agreement to terminate the vacany? IF so... The landlord would have to take the tenant to the board and get him removed from the property.
If its one of those verbal agreements, thats where it gets tricky... You pretty much have to depend on your landlord following proper procedures to move him out quickly so you can move in.

Also... what province are you in? TEnant matters are province specific.
Sr. Member
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Feb 25, 2018
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it's Ontario. I think they havn't been able to secure new accommodations.
Deal Addict
Jun 7, 2017
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BC
Landlord has a major problem. Show up on the 1st ready to occupy.
Deal Fanatic
Jul 3, 2011
6517 posts
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Thornhill
Then you don't have a place to move into.


Your choices are to force your way in which obviously you can't do or to get you deposit back if you gave one to the landlord - the obvious.
Deal Addict
May 12, 2014
3487 posts
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Montreal
In Quebec, if vacant possession is not given as agreed, you sue the landlord.

He then turns around and asks for an emergency eviction order and damages from the old tenant.
Deal Addict
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Mar 23, 2011
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Etobicoke
Better start looking for an alternate place to live. Getting people out in Ontario is a pain and could be a lengthy process. Even though you would have some legal recourse from the landlord, unless he has another vacant unit somewhere there isn't much he can do and he will have a major headache ahead of him.
See if he'll give you a chunk of money now to settle and get out of the agreement or tell him that it will cost him more later when you sue him.
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Sr. Member
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Feb 25, 2018
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I guess i will have to do the same thing: stay put. Because someone else is due in here. What else can i do? It's like a block chain that needs to be mined!
Deal Addict
May 12, 2014
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Montreal
DaveVentura wrote: I guess i will have to do the same thing: stay put. Because someone else is due in here. What else can i do? It's like a block chain that needs to be mined!
That would be the wrong thing to do, and would expose you to massive uninsured liability.

Call your landlord and LTB and ask him and them what they suggest.
Deal Expert
Feb 29, 2008
21738 posts
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Tarrana & The Ri…
Yea, you're pretty much screwed. IF the landlord went ahead with the eviction process, it will take a long time. Ontario has decided that tenants have all the rights, even the bad ones.
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Dec 3, 2009
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Toronto
Someone needs to put their stuff in a storage garage and book a hotel.
Remember to be an RFD-er and NOT a degenerate.
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Nov 2, 2005
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WFH
sherman51 wrote: Better start looking for an alternate place to live. Getting people out in Ontario is a pain and could be a lengthy process. Even though you would have some legal recourse from the landlord, unless he has another vacant unit somewhere there isn't much he can do and he will have a major headache ahead of him.
See if he'll give you a chunk of money now to settle and get out of the agreement or tell him that it will cost him more later when you sue him.
if OPs future landlord has any experience he will have a clause in any agreement they signed covering just this case plus any other unforseen circumstances that could delay or prevent commencement of the tenancy e.g. property loss or damage. Typically the landlords liability would be limited to any deposit and advance rent paid.
Deal Expert
Feb 22, 2011
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Toronto
JayLove06 wrote: Yea, you're pretty much screwed. IF the landlord went ahead with the eviction process, it will take a long time. Ontario has decided that tenants have all the rights, even the bad ones.
A lit bit of irony here is that by securing the "rights" of 1 bad tenant they have now screwed a land owner as well as a new good (assuming) tenant.

I can imagine this will be an on going problem now that the rental market is getting squeezed hard.
Deal Expert
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Jan 27, 2004
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No Frills wrote: Someone needs to put their stuff in a storage garage and book a hotel.
As a resident RFD bro. OP can borrow my couch for 1 night. But only 1 night b/c over night guest get annoying after 1 night for some reason.

NExt thread...
"Hi RFD.... So I let a guy couch surf and now he wont leave b/c he says someone won't leave his apartment. what do i do?"
"hey you posting about me?"
"no...."
Deal Addict
May 12, 2014
3487 posts
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Montreal
JayLove06 wrote: IF the landlord went ahead with the eviction process, it will take a long time.
What's a long time in an emergency like this? In Montreal in July, you'd expect less than 60 days certainly (except in rare circumstances).

As for the landlord preparing for such a contingency, doesn't the new standard lease in Ontario preclude it?
Sr. Member
Apr 30, 2013
860 posts
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King City
Please don't pass the problem on. Find another place.
Member
Mar 3, 2016
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DaveVentura wrote: I guess i will have to do the same thing: stay put. Because someone else is due in here. What else can i do? It's like a block chain that needs to be mined!
Don't do that as you might get sued by your current landlord. What you should do if you expect the new place not to be vacated on the 1st is to have everything documented in view of a lawsuit (small claims most likely) against the person you signed the new lease. I would get a self-storage unit starting the 1st. Show up at the new place to occupy. Normally the landlord should provide you the key then. If they don't do that telling you that it's still occupied or if you have the key but it's occupied, take pictures/videos as proof and tell the landlord that they are not fulfilling the agreement and the old tenant still occupying the unit is not your problem as the landlord shouldn't have offered the unit for lease if they weren't sure it will be vacated. Send an email to him on the same day stating what happened and due to this you had to get a hotel room and storage unit and start looking for another place. Once you get a new place, go to small claim court with all your hotel and storage receipts, and proofs (signed lease agreement, pictures, videos, emails, etc). You will win easily since you had to incur these expenses through no fault of your own.
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Aug 16, 2007
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inform your landlord that you intend to move in on the day agreed upon and while you sympathize with the situation, it's him breaching your contract if he is unable to provide you with possession on the agreed upon day.

Inform him that via email or registered mail to start paper trail. You'll bill him for alternate arrangements (airbnb + storage) if he can't get the guy out (what happens in almost all of these situations is the landlord shows up with a wad of cash and starts counting till the tennant packs their shit)
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Nov 2, 2005
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WFH
Sam9876 wrote: You will win easily since you had to incur these expenses through no fault of your own.
You don't owe future LL any rent for a property he cannot provide but can't expect him to pay your living expenses. Don't go burdening yourself with a load of additional expenses that you are unlikely to be able to recover because some random dud on a forum has told you that you can sue.

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