Tenant Exploiting The Landlord & Tenant Act

[hedo rick]

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!

You start doing that, you'll likely get noise complaints from him.
You're the landlord, he's the tenant. You're running a business. You don't get to be petty. It WILL NOT turn out well for you.

It will blow up in your face spectacularly if your tenant realizes you're using your home as an incall. You want to start taking surveillance video of him? Well, two can play at that game.

Again, your best option at this point is to pay him off so he leaves voluntarily. The road you're going down now will not work out the way you hope it will.

 

[Sophia Sinclair]

The other option is I move out renting elsewhere and rent the upstairs to tenants again. If they're loud he better not complain to me and if he does I'll tell him my hands are tied by the Landlord & Tenant Board.

 

[hedo rick]

The other option is I move out renting elsewhere and rent the upstairs to tenants again. If they're loud he better not complain to me!

You have a previous tenant who complained about noise.
You're currently complaining about it.
The only reason your current tenant isn't complaining about it right now is you go out of your way to minimize it, in a way which is not reasonable for a tenant.

You have a noise transference issue that needs to be fixed if you hope to continue renting part or all of your home. At the very least you need to know what you currently have in place and whether it's completely up to code. If it's not, you're in trouble. Even if it is, you're better off investing in sound mitigation that goes beyond code. It's CYA.

 

[PornAddict]

The other option is I move out renting elsewhere and rent the upstairs to tenants again. If they're loud he better not complain to me and if he does I'll tell him my hands are tied by the Landlord & Tenant Board.

I think that the best solution. Move out and rent the upstairs to a different tenant who loves dogs and hate cat ( preferably have a pit bull or German Shepherd) .Maybe both them will hate each other so much that the basement tenant with the kitten will move out.

PS This tenant situation is stressing you out. Not worth it for you to stay . Moved to a nice condo.

PPS Good luck sweetie..

 

[Sophia Sinclair]

You have a previous tenant who complained about noise.
You're currently complaining about it.
The only reason your current tenant isn't complaining about it right now is you go out of your way to minimize it, in a way which is not reasonable for a tenant.

You have a noise transference issue that needs to be fixed if you hope to continue renting part or all of your home. At the very least you need to know what you currently have in place and whether it's completely up to code. If it's not, you're in trouble. Even if it is, you're better off investing in sound mitigation that goes beyond code. It's CYA.

She complained about my previous tenants coming home after the bar playing their keyboard, etc. and rightfully so. I couldn't get rid of them without a hassle and them possibly taking it out on her and my house, so I moved in to get rid of them. As a client said at the time, it'll be harder to find a good basement tenant than upper one so I opted to keep her happy, even though it meant usurping my life. She had no issues with me while living beneath me and had rented a basement apt before moving into my house. Her complaint about that landlord was their smelly, ethnic cooking and not taking care of repairs like I do. She only moved out because her long time boyfriend moved up N and they took the plunge, moving in together, plus she was sick of the long hours in her job here and needed a change. It'll be way easier finding an upstairs tenant. If he doesn't like it he can move out at the end of his lease.

For the record, we informed him that I work from the home and sometimes meet with clients in the home. I was way more forthright than him!

 

[Sophia Sinclair]

I think that the best solution. Move out and rent the upstairs to a different tenant who loves dogs and hate cat ( preferably have a pit bull or German Shepherd) .Maybe both them will hate each other so much that the basement tenant with the kitten will move out.

PS This tenant situation is stressing you out. Not worth it for you to stay . Moved to a nice condo.

PPS Good luck sweetie..

Thank You!

 

[Sophia Sinclair]

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.

Agree 100%!

Unfortunately it looks like I'll have to usurp my life again in order to hold onto this house, the best investment I have.

 

[Smallcock]

I don't think you're fit to be a landlord. You're being entirely unreasonable with the exception of the no pet thing (it sucks that landlords can't block a tenant from having a pet).

Your tenant is 25 years old. You had to expect he might have a girlfriend that will spend lots of time with him. He's employed and paying his rent on time. If sound travels so easily that taking a shit and flushing could be too noisy, it's up to you to add soundproofing to the property. Seems to me that would eliminate 90% of the 'problems' you're having. A 25 year old talking at 10pm on Sundays is normal as is doing dishes. He's responsible and clean enough to take out his garbage bright and early.

You're on the road to causing more bad blood. Simple things like disclosing that you were creeping on his social media Facebook account is not advisable.

All that aside, why did you use an agent to get a tenant? That's what kijiji is for. It's so easy to get a tenant when vacancy is at 1%.

From a financial perspective you should be increasing all of your tenant's rent each year regardless of how sweet they are. Your expenses are going up every year. If you don't increase at the rate of inflatio, years from now you're going to have tenants renting at far below market rents which is not a good idea.

You're not doing it right.

 

[TeeJay]

Has anyone here ever worked for or does work for or know of anyone that has/does work for the Landlord and Tenant Board?

I have a tenant that while not breaking any laws is pushing the fold on many.

My real estate agent specifically told him when he showed him the place that I much prefer a single tenant. He purposely withheld the fact that he has a long time girlfriend, who spends much time with him from us. I tried reaching his then current landlord(s) to no avail. Her VM wasn't activated and she didn't respond to my text. The cell number was later inactivated. I used his facebook page and my agent's gut instinct to rent to him. Interestingly he took his facebook page down after I told him it and my agents take on him was what got him the apartment. It's all very sketchy. Turns out he's a good actor.

The day before he was to officially move in he asked if he could move some big stuff due to not having access to a truck the next day. I agreed and he then proceeded to stay the night, in effect moving in early. His not so quiet girlfriend comes over/stays over more days and nights than not. He's also given her a key as on occasion she lets herself in during the day when he's not there. He immediately got a kitten and then tried to hide it from me and outright lied about it when asked, even though I have a no pet clause. He opted not to go through his insurance when I had my insurance claim and subsequent repairs done and then had the nerve to ask me for money. He's 25 and only ever rented once before and briefly.

Through an interesting set of circumstances I was able to locate and talk to his previous landlords(s). It turns out they asked him leave for the very reasons I'm having difficulty with him, minus the kitten. It makes me think that she purposely avoided my text as I wouldn't have rented to him with the knowledge she imparted to me during our belated conversation. Lucky me, after that experience he came to me armed with his rights as a tenant and proceeded to take advantage of every one of them, basically pooping on me and my agent, who feels duped by him as well, or should I say them.

At the very least I'm going to try to get compensated for additional utility use. I have been loosely documenting when she's around, but unless I install a camera it's next to impossible to know for certain all the times. I don't want to rent to him past the end of his lease but am not certain if I have the right to not renew with him, basically getting rid of him and his lies and complete BS or if I'm stuck with him should he choose to stay. One thing's for certain, if I can't get rid of him I'll raise his rent, unlike with my other tenants who don't cause me grief. I also obtained a reference letter from the previous tenant of four years stating that I'm an excellent and fair landlord.

Any help/advice is appreciated!

Advice?
Most of your "issues" are illegal lol

No you can not tell him he is not allowed to have his gf stay over
You let him move his stuff in a day early and were surprised he also stayed? (You LET him in early, second he moved his shit in the place was his)
You can't prevent him from having a pet
Its his choice to claim insurance or not (but it would NEVER be his insurance anyways, its YOUR property; only insurance he should have is property insurance)
You could not claim extra money for utility use
You can NOT kick him out once lease is over (you are stuck with him unless he leaves or does something very wrong)

But in your entire post it is YOU who is doing/saying wrong things
Thread title is pure nonsense, should rename this as Landlord trying to take advantage of tenant

Oh also another reason you are not a good landlord
There is a MANDATORY form in Ontario that MUST be used to rent
From many of your comments (eg pets) it is totally obvious you are not legally renting to him and your lease is not valid
Just as an FYI he COULD withhold his rent until you replace it with a LEGAL document
Here you go:
http://www.forms.ssb.gov.on.ca/mbs/...B=PROFILE&SRCH&ENV=WWE&TIT=2229E&NO=047-2229E

 

[TeeJay]

The only legal way to get him kicked out is to have family move in.
(though there may be recent changes to this. Anyone?)

Just don't kick him out and rent it out for more money the next month or you'll likely get sued and lose big time.

Actually by far the best way is the shared bathroom / kitchen loophole
If you ever build a basement apartment ALWAYS make sure one of these is accessible to the landlord (even if you never use them)

Then the person renting is NOT LEGALLY A TENANT and tenancies act is void
And none of the protection laws nor the board applies

You can literally change locks and evict in a day

Of course a true scammer will recognize the non standard setup right away

 

[TeeJay]

Unfortunately I don't have grounds for eviction. I just wanted to know if I had to keep him on past the end of our 1 year lease. I was hoping to get compensated for her extra utility use. It's not much, but it's something.

Yes the lease becomes a month to month agreement once the term is up
No you can not evict him simply because the signed lease is over
(You also can not evict him if he declines to sign a new lease, if he wants to live month to month you have no right to demand a longer term)

 

[TeeJay]

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.

But you arent living in someone elses house
If you are renting it is your home so long as you are there

She also has not said a single thing the tenant did wrong yet this thread is littered with things she has admitted to doing wrong (she does not beleive them to be wrong tho)

 

[Phil C. McNasty]

Here's an idea, why not rent out the rest of your house to different tennants as well, and from the money you make from that rent an apartment in the area.

I used to live in Oakville and there are lots of decent apt. buildings in Kerr st. Village. Not sure about vacancy though

 

[Sophia Sinclair]

Here's an idea, why not rent out the rest of your house to different tennants as well, and from the money you make from that rent an apartment in the area.

I used to live in Oakville and there are lots of decent apt. buildings in Kerr st. Village. Not sure about vacancy though

There's only the 3 bedroom upstairs and 2 bedroom downstairs, so I'd be renting the upstairs to a tenant or two. My other tenant lives in my first ever owned abode, my condo in Mississauga. She's great and has been there for over 3 yrs, as was my other downstairs female tenant of 4 yrs. The previous male tenants were 35 and 38 going on 25 & 28 and this one actually is 25. I'll try to get another female as in my experience they are more respectful.

I already spoke to my agent and he'll start sending me prospective listings in the new year. I don't want to move when it's cold but it'll be nice to see what's out there and when the weather warms up I'll make my move, unless an amazing deal comes my way.

Having said that, if he stops having her over 5 out of 7 days a week and 4 out of 5 nights, etc. I may reconsider. I have a boyfriend and we spend 1 maybe 2 days or nights together a week, dependent on our work schedules, etc. and always at his place for more privacy and out of respect for my tenants.

I wanted a dog in Woodbridge and asked but my landlord said no due to a previous tenant not managing hers and damaging some of his baseboards, which he replaced at his expense. I respected that. Just because I'm entitled to something doesn't mean it has to be done if I desire it, especially when it'll damage the relationship I have with that person, but that's experience for you. I also considered getting a dog when I moved in here but felt it wouldn't be fair to my former downstairs tenant due to the noise factor, so didn't. I really do take my tenants needs into concern and for the record, if he had asked I would have let him have it as long as he signed something stating that any damage it may do is his financial responsibility to fix. I'm not an Ogress, unlike others on here. Also of note is that he didn't even consider that I might be allergic or that my clients that I meet with in the home might be as well. We share the same ventilation system, which by the way carries sounds. It's not only my old, poorly insulated house at fault here. I wish they all would show me the same respect, but alas they don't!

 

[Jasmine Raine]

There's only the 3 bedroom upstairs and 2 bedroom downstairs, so I'd be renting the upstairs to a tenant or two. My other tenant lives in my first ever owned abode, my condo in Mississauga. She's great and has been there for over 3 yrs, as was my other downstairs female tenant of 4 yrs. The previous male tenants were 35 and 38 going on 25 & 28 and this one actually is 25. I'll try to get another female as in my experience they are more respectful.

I already spoke to my agent and he'll start sending me prospective listings in the new year. I don't want to move when it's cold but it'll be nice to see what's out there and when the weather warms up I'll make my move, unless an amazing deal comes my way.

Having said that, if he stops having her over 5 out of 7 days a week and 4 out of 5 nights, etc. I may reconsider. I have a boyfriend and we spend 1 maybe 2 days or nights together a week, dependent on our work schedules, etc. and always at his place for more privacy and out of respect for my tenants.

I wanted a dog in Woodbridge and asked but my landlord said no due to a previous tenant not managing hers and damaging some of his baseboards, which he replaced at his expense. I respected that. Just because I'm entitled to something doesn't mean it has to be done if I desire it, especially when it'll damage the relationship I have with that person, but that's experience for you. I also considered getting a dog when I moved in here but felt it wouldn't be fair to my former downstairs tenant due to the noise factor, so didn't. I really do take my tenants needs into concern and for the record, if he had asked I would have let him have it as long as he signed something stating that any damage it may do is his financial responsibility to fix. I'm not an Ogress, unlike others on here. I wish they all would show me the same respect, but alas they don't!

We are old school sweetie - not to many people feel this way anymore.

 

[Phil C. McNasty]

I'll try to get another female as in my experience they are more respectful

Hey now, thats sexism

 

[richaceg]

Hey now, thats sexism

lol my thoughts exactly...
as for the issue at hand...as I said, tread lightly...

 

[Sophia Sinclair]

Called the Landlord & Tenant Board this morning and spoke to Cherise (sp?). She says I can file an N5, which is a Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding, but when I asked if the type of noise occurring was grounds enough she gave me The Landlord's Self-Help Centre 1-800-730-3218 or 416-504-5190 for legal advice.

Wish me Luck!

They're closed today. Will try back tomorrow at 9 am.

 

[martycan]

Called the Landlord & Tenant Board this morning and spoke to Cherise (sp?). She says I can file an N5, which is a Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding, but when I asked if the type of noise occurring was grounds enough she gave me The Landlord's Self-Help Centre 1-800-730-3218 or 416-504-5190 for legal advice.

Wish me Luck!

They're closed today. Will try back tomorrow at 9 am.

Hope this works out for you, bad things should not happen to good people.

 

[richaceg]

Called the Landlord & Tenant Board this morning and spoke to Cherise (sp?). She says I can file an N5, which is a Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding, but when I asked if the type of noise occurring was grounds enough she gave me The Landlord's Self-Help Centre 1-800-730-3218 or 416-504-5190 for legal advice.

Wish me Luck!

They're closed today. Will try back tomorrow at 9 am.

As everyone as pointed out...I'm not sure if your complaints really fall under the category though...