It's unfortunate you are dealing with a person who only cares for himself and thinks that his lifestyle has no effect on anyone else. There seems to be more and more of his kind around these days. He does not sound like the type of guy that you can have an open discussion with to resolve this.
Tenant Exploiting The Landlord & Tenant Act
- Thread starter Sophia Sinclair
- Start date
SS,
Have you contacted the Land lord and tenant board? You may be surprised on how helpful they might be to landlords who want to do things (even eviction) in the right legal way. I thought that everything was very cut and dry as the tenant has all the rights and the landlord is up sh** creek, but was glad to find out that wasn't always the case. I am speaking of 3 years ago and not sure how much may have changed since then.
You may claim a health concern if the cat is spraying or the tenant is not properly cleaning after it. You may also have the right with very short, to no notice of entry in the apartment under the same health concerns and believing an inspection is required.
Again, give them a call and ask your rights or what procedures you should take in order to evict the current tenant. They helped me at the time. They also have specific forms to fill out for eviction that hold up better in court if it has to go that way, so I was told. Can't verify that, I didn't need to go that far.
One thing worth noting, is that if you do gain entry for inspection under any circumstance, go in with a witness and video tape everything during your visit. Would help disprove any false accusations that may come from the inspection.
Have you contacted the Land lord and tenant board? You may be surprised on how helpful they might be to landlords who want to do things (even eviction) in the right legal way. I thought that everything was very cut and dry as the tenant has all the rights and the landlord is up sh** creek, but was glad to find out that wasn't always the case. I am speaking of 3 years ago and not sure how much may have changed since then.
You may claim a health concern if the cat is spraying or the tenant is not properly cleaning after it. You may also have the right with very short, to no notice of entry in the apartment under the same health concerns and believing an inspection is required.
Again, give them a call and ask your rights or what procedures you should take in order to evict the current tenant. They helped me at the time. They also have specific forms to fill out for eviction that hold up better in court if it has to go that way, so I was told. Can't verify that, I didn't need to go that far.
One thing worth noting, is that if you do gain entry for inspection under any circumstance, go in with a witness and video tape everything during your visit. Would help disprove any false accusations that may come from the inspection.
Do you meet all these requirements, most basement apts. don't. He could be a real prick and call in a complaint.
https://www.century21.ca/varinder.p...C_REQUIREMENTS_TO_LEGALIZE_BASEMENT_APARTMENT
https://www.century21.ca/varinder.p...C_REQUIREMENTS_TO_LEGALIZE_BASEMENT_APARTMENT
He already claimed that a blue and white tea towel his mom made him went missing when I had the drywallers in. The interesting thing is, the contractor remembers it sitting on the kitchen counter when they finished and left on a Thu. His girlfriend was there by herself the next day, Friday afternoon and it's Houston, we have a problem.
He also had a mini conniption because they left a handful of non recyclable things in his blue box. Like, wow, just put them in the garbage. I had to explain to him that while they shouldn't have done that, they did bump another job to do mine so that they'd be done when the flooring co. got back from summer vacay, in the hopes that they could start their work right away. I figure on that note we should cut them some slack. All the same, the owner lives close to me and came over to put the stuff in the garbage at my request. I really went to bat to get everything fixed and as quickly as possible. Since he has no experience in that dep't he didn't understand the process or how hard I worked to do right by him and myself.
For a guy stretching every rule to it's max he sure is quick to get upset when he feels slighted.
Again I got busy and it's too late now so I'll call them first thing tomorrow.
No worries, I took pictures of all the work when it was done so I could prove it's condition at the time and any damage that may be done by him or such said kitten afterward. I'll be taking pictures again this evening, when I go in at just over 24 hrs notice.
The first thing I did when I bought the place was to renovate, including putting in a proper egress window, which the previous landlady, who was also renting out the basement hadn't installed. Her tenant would have cooked if a fire blocked the only entrance then.
The home inspector said that you need fire retardant insulation between floors or a certain thickness of drywall but we had no way of knowing if the previous owner that turned it into an apartment had done so. We weren't going to rip up the ceiling to find out. When the water damage occurred, we replaced the whole living room roof, which was covered by insurance and I had fire retardant and waterproof insulation put into that room at my cost. If you're going to do something, do it right. The contractor explained to him that should a fire start upstairs, he'd be safe in the living room, where the egress window is. The rest of the house would burn before the ceiling would finally collapse due to nothing else supporting it. I also upgraded the antiquated lights, putting more energy efficient pot lighting in, again at my cost. Might as well, seeing as the roof was ripped open anyway. Basically the place is better than when he moved in a few short months before and he proceeds to hit me up for compensation, seeing as he didn't want to shell out the deductible to put it through his insurance, that would have put him up in a hotel during all this. I explained that life's about choices and he made his so he'd have to live with it. No appreciation at all for fixing everything right and not simply slapping things back together like some landlords would do, only complaints.
So in answer to your question, yes I'm up to code with smoke detectors outside each of the downstairs rooms that could potentially be used as bedrooms, which is between them and the downstairs kitchen, a carbon monoxide detector and fire extinguishers under the kitchen and laundry room counters. I also checked all batteries when he moved in, etc. I care about my tenants and don't mess around with their or my safety.
It comes down to how one is treated!
I suggest hiring a new agent. He didn't recommend a good fit for you and he should have instructed that the 48 hours could be extended to allow you to get proper references/screening (LOL) and if the Tenant doesn't wish to wait, then you wait for the next one.
Tenants are in abundance in today's housing market and until you choose the ball is in your court. Once you choose the ball shifts to the tenants court because at the moment, Oagre is exactly correct on what you can and cannot do as a Landlord.
Tenants are in abundance in today's housing market and until you choose the ball is in your court. Once you choose the ball shifts to the tenants court because at the moment, Oagre is exactly correct on what you can and cannot do as a Landlord.
That's not nearly enough to evict that tenant for misconduct. The tenant has to be doing something nasty - drug parties, prostitution (ironically), cooking crystal meth, continual loud music, continual loud fights, frequent domestic violence, etc.
Sounds like this guy is a normal enough dude who is doing normal dude stuff.
Get some legal advice. You are going to get into trouble if you follow your instincts on this. You will also make a public fool of yourself and suffer a nervous breakdown.
There is nothing sympathetic about what you're stating in this thread.
Why would I suffer a nervous breakdown? Are you a psychiatrist as well as an armchair lawyer? I go out of my way to do things for my tenants if they're good tenants. If they pull stunts like this I stop having any sympathy for them.
It's funny how his or their story always contradicts everyone else. His former landlady tells me to do inspections like she did and he claims she called right after our conversation, telling him all about me. The contractor says one thing and he says another. He took pictures of the place before all the work was done, claiming they left it in a dirty state. I was there when they left and they made it a point to show me that they had cleaned everything up. His girlfriend claims she was sleeping, which is why she didn't answer the door when I knocked to give them the furnace filters and mail last night, when I heard her taking plates down out of the cupboards and saw her standing at the kitchen counter right before I knocked.
Why would I be sympathetic towards such obvious liars and scammers?
Feel out N4 tell them you are selling the place and give them 60 day notice if your lease term is over. Also file simultaneously for eviction
I already looked into it and there are hiccups there too. If I sell the place before the end of the 1 yr lease the new owner has to take them on as tenants until the end of it. Unless they're willing to do so I won't be able to sell. I mean it when I say the laws are completely skewed towards the tenants, giving landlords few if any options on how to deal with troublesome ones.
His previous landlady told me that they were tired of dealing with tenants, including him, and opted to sell. He claims she came to him crying, saying what a wonderful tenant he was and they were so sorry to ask him to leave but they had to sell. His story always contradicts everyone else and it's basically his word against mine as they are unreachable now because they did sell and their 4 mth closing date has passed.
Guess I am old fashioned, If you are living in someones house, show some respect or get out. Easy to be arm chair QB 's and sling arrows when you are not living the problem Just saying.
I've rented multiple properties over a number of years. I'd NEVER rent a portion of my house out to any tenant.
Why?
Because it involves sacrifices.
Nothing she's so up in arms about here is egregious behaviour in any way. OMG, he has a girlfriend (as a landlord, you don't get to dictate someone's personal relationships). OMG, he has a pet (that's the law, has been for a long time, deal with it). And she's talking about retaliating against him, conducting surveillance to track his comings and goings?
Oh, and to top it off.. it sounds like she's using the house that she shares with a tenant as an incall? Was she honest about that? (Honesty's a two way street, right?)
If she goes to the LTB with the info she's given here, she will lose and lose badly.
Making noise after 10 pm and before 8 am isn't acceptable.
My former tenant was often woken by the upstairs tenants and had little recourse as well. I eventually had to move in to get rid of them. Thankfully it was before the new law(s). Even a friend of theirs said that they wouldn't want to be their landlord.
As for this tenant, if I'm the landlord from hell, then I guess their previous landlords were as well, because they had the same issues with them as I do.
My boyfriend made a valid point the other day. Some people are heavy footed, meaning they walk very loudly, while others are light footed and walk softly. In other words, some people are just loud. If I was to do dishes at 10 pm because that's the only time I can for some inexplicable reason, I would put them gently into the cupboards, etc. so as not to be too noisy, not slam cupboard doors closed, etc. When I come home late from pool league I take my shoes off at the door so as not to wake anyone. He waltzes in wearing his shoes, clomping around downstairs at 1 am last night. He earlier admitted to me in a conversation that his girlfriend is loud and then states in a text that they're both quiet. It's not noise I have a problem with, it's unnecessary noise. Polite, respectful people think of others and adjust their actions accordingly. My neighbour across the street, who is a yoga instructor, told me that through their own actions they are giving me permission to make noise as well, which I'll be doing from now on.
In my experience, those tromping on others rights are the first to complain when theirs are being tromped on. If he doesn't like it he's welcome to move out.
Best thing she can do if she really wants the guy gone is to throw some money at him (I'd say $2500 minimum) and ask him to voluntarily leave. Give him a good reference so he's able to find a new place easily. And then wash her hands of the entire situation and consider whether being a landlord is really the right thing for her.
You are wrong.
If we're talking excessive noise like a blaring stereo, that's one thing. But doing dishes? Running a blender? No, fuck no. Absolutely not. You are in the wrong here.
If noise transferrence between the apartment and the rest of your home is at issue, you need better soundproofing.
Retaliating against a tenant is TERRIBLE advice. It's NEVER a good idea.
I guess you missed the part about having a letter of reference from my previous downstairs tenant and getting one from my current condo tenant. Being a landlord isn't difficult when you have respectful tenants. I even get them Christmas gifts as a thank you for being so.
So he can run his blender at 6 am but I can't vacuum then? How is that right or fair? I'll be having clients over later at night like he is her, etc. I'm tired of adjusting my behaviour around him and her!
