Need somebody knowledgeable on tenant law

328IScreamer · 07-06-2010, 04:25 PM

Hey all,

I currently own my own house and am renting out a room in my basement. There is a room, office desk, bathroom etc. down there. The tenant has to go through my house to access the basement and has full run of my home as kitchen facilities are upstairs. My tenant is a very quiet, shy 24 year old girl whom I almost never hear from.

The problem lies with her boyfreind who seems to feel my house is his personal hang out. He bring his parents and freinds over and it's not uncommon to find them sitting at my kitchen table when I come home from work. He spends almost every night with her in her room and stays the day in my house alone while she goes to work ( I also work 8-5 everyday). As you might be able to tell this is very aggrivating as he is paying no rent and has full access to everything in my home all day long.

My delema is as long as he isn't dirupting me or causing any damage or steeling I can't do anything about this! Or can I? If you have any ideas (within the law) please help!

dannyb · 07-06-2010, 04:46 PM

You can kick him out anytime, you rent the space to a tenant and it is still your space. The contract is between you and her, feel free to let him out. At least thats how it works in Qc, dont think the law is that much different on your side.

Smitty · 07-06-2010, 04:48 PM

What sort of a tenancy agreement did you have her sign? Are there any clauses dealing specifically with use of common areas or common property?

someguy · 07-06-2010, 05:36 PM

I think if the guy is living there and using resources you can increase the rent or ask him to leave. The original contract was with you and her, nobody else.

BMW_7 · 07-06-2010, 05:45 PM

this is why you have everything before you let someone move in!!!!

MarkD · 07-06-2010, 06:00 PM

Did you have her sign a written lease?

Here is a line from every lease agreement I use:

4. There will be 1 person occupying the rental premises and their names are:

Dick Weed (name of tenant)

Do you have something similar in your lease agreement? If so I assume you had one person listed. So kick her out based on that.

You may also find this helpful: http://www.ltb.gov.on.ca/en/Key_Info...02_111483.html

sirex · 07-06-2010, 06:54 PM

Well first off, if Im not mistaken thats an illegal rental property anyway since there is no seperate entrance.

You should probably talk to the girl and let her know whats up.

328IScreamer · 07-06-2010, 11:44 PM

I wrote up a contract that both of us signed before she moved in
A basic overview of what it stated was that she couldn't have guests past midnight and over night guests should be cleared with me. Her room mus be kept in the same condition she found it and any damages are to be paid for. Tenant will be given 1 key that is not to be shared or copied.

So she has already beyond broken the guest rule and as I have come to find out she has been giving my house key to her boy friend. These are clearly a breach of contract but i'm not sure what to do next. What is within my rights to do? Is this contract I wrote legally binding for her?

craigIS · 07-06-2010, 11:53 PM

I say warn her about it. write up something saying that you have talked wit her about breach of contract, and have the both you you sign it, and make a copy for each of you as well. That way there is a record of you warning her about her breach of contract. Then after that, if there are anymroe breach's kick her out.

craigIS · 07-06-2010, 11:54 PM

Always record breaches of the contract, time and date and all that. That way no one can say your lieing.

craigIS · 07-07-2010, 12:01 AM

This may help you Chris.

I took this from the link posted by MarkD.

Can a tenant be evicted for something that their roommate or a guest they allow into the rental unit does

Yes, a number of the reasons for eviction are based on problems caused by an occupant of the unit (someone that the tenant lets live with them), or a guest that the tenant lets into their building. So, for example, if a tenant’s guest punches a hole in the hallway wall, the landlord could give the tenant a notice of termination and, if the problem isn’t resolved, make an application to the Board to evict the tenant.

Eurostyle · 07-07-2010, 12:12 AM

I dont even want to start on this subject...Way too many horror storys to tell, bottom line is; the law protects the tenants MORE then the landlord...

Contracts mean NOTHING in court, even if they stop paying at all, still takes several months to kick them out, and when you do, you are on your own to get the $$$ back!

Bottom line, you really have to fight for your rights, and it takes a lot of time and effort to get anything done. A nightmare to deal with, that i'm not ready to do again...

dannyb · 07-07-2010, 07:59 AM

If its not a legal contract signed with a notary, then there is no contract. If theres no contract than she never lived in your place. Does she pay cash or check? I've been through this before, if she pays cash then she cant prove that you are charging rent.

daytona · 07-07-2010, 08:57 AM

if she is paying cash and not claiming as a expense on her income tax be strict with her and lay down the rules,if shes paying by cheque and claiming it as expense and if your not claiming it as income on your income tax be more gentle because she can really mess you up with building inspectors and revenue canada.Your rental unit is considered illegal also,no secondary exit.

MrRWD · 07-13-2010, 03:21 PM

found this out the hard way. The residential tenancies act, and all its tribunal BS does not apply for owner occupied situations!!!!!!!

read section 5i
http://www.ontariotenants.ca/law/act01.phtml

Exemptions from Act
5. This Act does not apply with respect to,
(i)?living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner?s spouse, child or parent or the spouse?s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;

.................. So, I would talk to the girl and let her know it is not okay.
If she doesn't change... then start the process to get her out'a there

If you want her out, give her 45 days notice. You could kick her out the same day if you want... but she'll probably sue.... 45days is reasonable amount of time to find another place.

Invest some money in new door locks.. those security type ones that cannot be "copied". Give her a new one say.... had an issue with the door.
this way... boyfriend dude can't copy the key for himself.