Tenant Exploiting The Landlord & Tenant Act

[Sophia Sinclair]

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!

 

[Caspertheghost]

You can’t raise his rent except in accordance with standard notice periods and maximums. He can have a guest or even another person move in. He rented a space and not a “per person” basis. You are fucked. He has more rights than you because people need shelter and the “poor” tenants are given he benefit of the doubt when in front of a justice or judge etc. You DO have the right to give whatever notice period is in your lease for non renewal at th end of the term (12 months?). Suggest you check what that is and send notice via registered mail ahead of the minimum period. Also deliver a copy in person to him with a witness or two.

 

[Phil C. McNasty]

One thing's for certain, if I can't get rid of him I'll raise his rent!

You can only raise the rent as much as rent control allows you to. So that strategy probably wont work

 

[Sophia Sinclair]

I know everything you're both saying except the part about non renewal. The truth is, other than moving into my place to get rid of troublesome tenants I've never had this issue and wasn't certain of my rights. I'll for sure be sending him that notification in a timely fashion both registered and by serving him personally as well, most likely with my agent. Thank You!

It's such a shame that the rules are so one sided. It's simply not a case of needing shelter. He lived at home while in school until Jan of this year and she either still lives at home or in a dorm. They're not destitute. If you want to be adults you have to act like it.

 

[Frankfooter]

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.

 

[Sophia Sinclair]

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.

There are recent changes to that, which of course favour the tenant and it's not about the money, it's about peace of mind and sleep. They roll in and out at all hours of the night and early morning, waking me up. I go out of my way to be quiet and respectful, mostly seeing 1 client during the day when he's at work and any cleaning etc. then as well while they do whatever they want, whenever they want (e.g. doing dishes, pots and pans, etc. and putting them away in the cupboards while loudly chatting at 10 pm Sun, then taking her home 12 am Mon., then running the blender at 6 am before going to work, or putting the garbage in the bin right outside my bedroom window at 6 am Thu., when pick up is Fri., etc.). If you want to do that then rent an apartment or condo, don't share a living space like a house with someone.

 

[Smallcock]

There are virtually no safeguards for landlords here, it's a real injustice.

 

[PornAddict]

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!

For your info.

https://www.thestar.com/life/homes/2012/12/07/why_nopet_rental_clauses_lack_teeth.html

Why no-pet rental clauses lack teeth
By MARK WEISLEDER
Fri., Dec. 7, 2012
Pets. Landlords don’t want them in their properties. Tenants can’t live without them. Unfortunately, the law in Ontario just makes it worse for everyone.

Under the law, you can’t prevent a tenant from bringing a pet into your property, unless it is a condominium and the building declaration says no pets. So even if a landlord and tenant sign a lease that says no pets, the tenant can bring 2 dogs and 4 cats the next day and there is nothing the landlord can do about it.

No-pet rental clauses lack teeth under the law.
No-pet rental clauses lack teeth under the law. (DREAMSTIME)

Yet if the landlord has a no pet policy in the entire building, they can probably refuse to approve the tenant in the first place if they know the tenant has a pet. You start to see the problem. If the tenant is honest up front and tells the landlord they have a pet, their application can be refused. If the tenant lies on the application and then brings in a pet afterwards, there is nothing the landlord can do. The result is often a poisoned relationship, right from the start.

Also read: More columns from Mark Weisleder

Some landlords ask tenants with pets for a security deposit when they move into the unit in order to pay for any damages the pet causes during the lease. Also illegal. In a landlord and tenant board case decided in Whitby on October 7, 2009, the tenant wanted to bring a pet onto the premises. The landlord demanded a $50 fee to bring the pet as well as an additional $50 per month which would go toward a carpet replacement fund when the tenant left. The adjudicator, Claudette Leslie, decided that both of these payment requests were illegal. The only amount a landlord can ask for in advance is last month’s rent, and it can only be used toward last month’s rent.

If your pet has caused damage to the home, then the landlord can evict you if you do not repair the damages. If you leave the unit damaged at the end of your tenancy, the landlord can go to small claims court and sue you for the damages caused. In another Board decision, a tenant was ordered to pay $250 to have the carpets steam-cleaned after their cat urinated on them. Scratches or bite marks caused by pets to the woodwork and floors of a home can cost hundreds, if not thousands of dollars to repair.

In other cases, tenants have been evicted because their pets barked all the time and were a nuisance to the other tenants in the building.

When you have a pet, bring references from prior landlords that confirm that you always looked after your pet and that you also took good care of the property while you lived there. This will assist you in convincing the current landlord that you will do the same with their property. It goes without saying that pets should always be properly groomed, to avoid any unnecessary damages as well.

Landlords, make sure that the tenant signs some form of rental unit condition statement when they move in and take pictures of the unit, so that you will have proof if any damages are caused by the tenant during the tenancy.

Landlords and tenants should not have to lie to each other. Treat each other with respect, even on pet issues, and the tenancy relationship will be a positive one for everyone involved.

Mark Weisleder is a Toronto real estate lawyer. Contact him at mark@markweisleder.com

 

[rhuarc29]

It's such a shame that the rules are so one sided.

Yes indeed, the rules are one-sided. Same goes for running a business. The hoops you have to jump through are insane, all in the name of protecting the "little man".
You can blame both the government and corrupt landlords for such rules.

With regards to the pet clause, can't you evict him on that alone? He broke the contract. I admit though, I have never rented out a room.
EDIT: Never mind, just read PornAddict's post.

 

[Sophia Sinclair]

Yes indeed, the rules are one-sided. Same goes for running a business. The hoops you have to jump through are insane, all in the name of protecting the "little man".
You can blame both the government and corrupt landlords for such rules.

With regards to the pet clause, can't you evict him on that alone? He broke the contract. I admit though, I have never rented out a room.
EDIT: Never mind, just read PornAddict's post.

Again, I know all this. It's his deliberate deception that has me so upset. Like it states in PA's post, Landlords and tenants should not have to lie to each other. Treat each other with respect, even on pet issues, and the tenancy relationship will be a positive one for everyone involved.

Furthermore, if it was just one thing it wouldn't be so bad, but he's taking advantage on almost every level. The only thing he hasn't done is take up smoking despite a no smoking clause, for which I also couldn't evict him. My agent informed him when he showed him the place that I work from the home and I made it a point to mention it again upon his moving in. We were as honest and forthright as possible with him. I purposely rented to a person gainfully employed outside the home so that they wouldn't be around during the weekday and she sometimes lets herself in Fri or Mon afternoons, kiboshing all my efforts. It's my basement, not a room.

It's making things really awkward and I don't appreciate any of it!

 

[PornAddict]

https://www.legalline.ca/legal-answers/how-to-evict-a-tenant/
How to evict a tenant
Region: Ontario
Answer Number: 442

Legal reasons to evict a tenant
Under the law, a landlord must have a good legal reason to evict a tenant. This includes: if the tenant does not pay rent or frequently pays rent late, if the tenant or the tenant’s guests damage the premises or disturb others tenants, or if the landlord requires the unit for their personal use. Although a landlord may have a valid reason to evict a tenant, if the tenant refuses to move, the landlord cannot evict the tenant without going through the proper legal steps.

Proper legal steps to evicting a tenant
There are six steps that a landlord must take to evict a tenant.

1. Give tenant written notice

First, the landlord is required to give the tenant a Notice of Termination form that states the reason for the eviction and when the landlord can start legal action at the Landlord and Tenant Board. The type of notice form and the number of days that a landlord must wait before applying to the Board will depend on the reason for eviction. Notice forms and instruction kits are available from the Board.

2. File an application with the Board

Second, after a landlord has given the tenant a notice form, and the required notice period has passed, the landlord can apply to the Board for a hearing date. The landlord must fill out a form called an Application to Terminate a Tenancy and Evict a Tenant, and file it at the Board together with an application fee. The staff at the Board office will set a date for the hearing and prepare a Notice of Hearing form while the landlord waits.

3. Deliver the Application and Notice of Hearing to the tenant

Third, the landlord must deliver a copy of both the Application and Notice of Hearing to the tenant at least five or ten calendar days before the hearing, depending on the basis for the application. For example, if the landlord is evicting the tenant because the tenant is engaged in an illegal act involving trafficking, it is five days, if the reason for the eviction is for non-payment of rent, it is ten days.

4. File a Certificate of Service with the Board

To verify that the landlord delivered the documents, they are required to fill out a Certificate of Service form and file it with the Board Office. This Certificate must be filed no later than five days after the documents were delivered to the tenant.

In some cases, a mediator from the Board may contact both the landlord and the tenant to help them resolve the issues. If the matter is not resolved through mediation, it will normally go to a hearing.

5. Attend the Hearing

Both parties should attend the hearing. If the landlord (or their representative) does not attend the hearing, their application may be dismissed. If the tenant (or their representative) does not attend, the Board member may make a decision in their absence.

6. Eviction Order

Lastly, if the Board allows the eviction, an Eviction Order will be issued. The Order will state when the tenant must vacate the premises. If the tenant does not leave by the date specified in the Order, the landlord will need to file the Order with the Court Enforcement Office (Sheriff’s Office) in order for the Sheriff to evict the tenant. A landlord cannot evict a tenant or change the locks without the Sheriff being present.

For additional information about eviction proceedings in Ontario and to obtain forms online, visit the Landlord and Tenant Board.

 

[PornAddict]

Do tenants have rights if they only rent a room?
Region: Ontario


https://www.legalline.ca/legal-answers/do-tenants-have-rights-if-they-only-rent-a-room/


Most tenants are covered by the Residential Tenancies Act, which sets out the rights and obligations of residential landlords and tenants. Generally, tenants who rent a single or shared room have the same rights as most other residential tenants in Ontario. However, if they share a kitchen or a bathroom with the owner or the owner’s immediate family members, special rules apply. Also, if a tenant rents a single or shared room from an educational institution, like a university, the educational institution can have special rules or rights that are not the same as the ones under the Residential Tenancies Act.

A tenant who shares a kitchen or bathroom with the owner or the owner’s family does not have a legal right to remain living on the premises without the owner’s consent, and can usually be evicted at any time without notice. The exception is if the tenant enters into an oral or written agreement with the owner and the owner breaks the agreement by forcing a tenant to move out early, or disposes of a tenant’s property. In both instances, the tenant may be able to sue the owner in Small Claims Court if they have evidence to prove their case.

If a tenant is evicted and the owner refuses to return the tenant’s personal property, the tenant should call the police. A local legal clinic may also be able to provide additional information and advice about tenancies not covered by the Residential Tenancies Act.

For more information about tenant rights, visit the Landlord and Tenant Board.

 

[Sophia Sinclair]

Do tenants have rights if they only rent a room?
Region: Ontario


https://www.legalline.ca/legal-answers/do-tenants-have-rights-if-they-only-rent-a-room/


Most tenants are covered by the Residential Tenancies Act, which sets out the rights and obligations of residential landlords and tenants. Generally, tenants who rent a single or shared room have the same rights as most other residential tenants in Ontario. However, if they share a kitchen or a bathroom with the owner or the owner’s immediate family members, special rules apply. Also, if a tenant rents a single or shared room from an educational institution, like a university, the educational institution can have special rules or rights that are not the same as the ones under the Residential Tenancies Act.

A tenant who shares a kitchen or bathroom with the owner or the owner’s family does not have a legal right to remain living on the premises without the owner’s consent, and can usually be evicted at any time without notice. The exception is if the tenant enters into an oral or written agreement with the owner and the owner breaks the agreement by forcing a tenant to move out early, or disposes of a tenant’s property. In both instances, the tenant may be able to sue the owner in Small Claims Court if they have evidence to prove their case.

If a tenant is evicted and the owner refuses to return the tenant’s personal property, the tenant should call the police. A local legal clinic may also be able to provide additional information and advice about tenancies not covered by the Residential Tenancies Act.

For more information about tenant rights, visit the Landlord and Tenant Board.

Again, I rent my basement, not a room and I know that the laws are different in those scenarios.

 

[Sophia Sinclair]

https://www.legalline.ca/legal-answers/how-to-evict-a-tenant/
How to evict a tenant
Region: Ontario
Answer Number: 442

Legal reasons to evict a tenant
Under the law, a landlord must have a good legal reason to evict a tenant. This includes: if the tenant does not pay rent or frequently pays rent late, if the tenant or the tenant’s guests damage the premises or disturb others tenants, or if the landlord requires the unit for their personal use. Although a landlord may have a valid reason to evict a tenant, if the tenant refuses to move, the landlord cannot evict the tenant without going through the proper legal steps.

Proper legal steps to evicting a tenant
There are six steps that a landlord must take to evict a tenant.

1. Give tenant written notice

First, the landlord is required to give the tenant a Notice of Termination form that states the reason for the eviction and when the landlord can start legal action at the Landlord and Tenant Board. The type of notice form and the number of days that a landlord must wait before applying to the Board will depend on the reason for eviction. Notice forms and instruction kits are available from the Board.

2. File an application with the Board

Second, after a landlord has given the tenant a notice form, and the required notice period has passed, the landlord can apply to the Board for a hearing date. The landlord must fill out a form called an Application to Terminate a Tenancy and Evict a Tenant, and file it at the Board together with an application fee. The staff at the Board office will set a date for the hearing and prepare a Notice of Hearing form while the landlord waits.

3. Deliver the Application and Notice of Hearing to the tenant

Third, the landlord must deliver a copy of both the Application and Notice of Hearing to the tenant at least five or ten calendar days before the hearing, depending on the basis for the application. For example, if the landlord is evicting the tenant because the tenant is engaged in an illegal act involving trafficking, it is five days, if the reason for the eviction is for non-payment of rent, it is ten days.

4. File a Certificate of Service with the Board

To verify that the landlord delivered the documents, they are required to fill out a Certificate of Service form and file it with the Board Office. This Certificate must be filed no later than five days after the documents were delivered to the tenant.

In some cases, a mediator from the Board may contact both the landlord and the tenant to help them resolve the issues. If the matter is not resolved through mediation, it will normally go to a hearing.

5. Attend the Hearing

Both parties should attend the hearing. If the landlord (or their representative) does not attend the hearing, their application may be dismissed. If the tenant (or their representative) does not attend, the Board member may make a decision in their absence.

6. Eviction Order

Lastly, if the Board allows the eviction, an Eviction Order will be issued. The Order will state when the tenant must vacate the premises. If the tenant does not leave by the date specified in the Order, the landlord will need to file the Order with the Court Enforcement Office (Sheriff’s Office) in order for the Sheriff to evict the tenant. A landlord cannot evict a tenant or change the locks without the Sheriff being present.

For additional information about eviction proceedings in Ontario and to obtain forms online, visit the Landlord and Tenant Board.

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.

 

[PornAddict]

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.

The basement you rent out. Does he share your kitchen or share your bathroom when he goes upstairs? If he or she do go upstairs and use your share kitchen maybe that would be considered a share room and then maybe that would be ground for not allowing him to stay pass end of lease and you don't renew the lease see post #13 in bold ( black & also red colour).



Maybe someone on this board may know more.

 

[Sophia Sinclair]

It's a completely separate unit with it's own entrance. There's no access to the downstairs from the upstairs as a wall was constructed where an inside door used to be. He has a full size washer and dryer downstairs in the laundry/furnace room while I have a tiny stackable one upstairs in what must have been a linen closet. His bathroom is only a 3 pc while mine is a 4 and he has his own kitchen. His unit is the size of the house, like mine upstairs. I run the thermostat and purposely keep it a little warm upstairs to accommodate him downstairs. These houses were never meant to be turned into separate living spaces and sounds travel late at night or early morning when there's less ambient noise going on, which is why I'm so quiet when going to the bathroom in the middle of the night (if it's yellow let it mellow, if it's brown flush it down), etc.

I'm really respectful of others and am tired of dealing with entitled people like him. I had no issues with my former tenant as she was like me, mindful and respectful.

 

[onthebottom]

I have to say reading this I don’t see what he’s doing that’s pushing any boundary. You rented the space, you had to expect normal living activities that would include noise. If his band practiced there all night or he had a weed grow shop then sure, but putting the garbage out and someone being in the unit he’s renting during the day... pretty tame stuff.

 

[wazup]

Doing dishes and putting them in the cupboards, how dare they. This is outrageous!!

 

[Sophia Sinclair]

Clearly neither one of you have rented out a basement apartment to someone whilst living upstairs. Every landlord I talk to understands why this is unacceptable behaviour.

But you two are right, I'll start fighting fire with fire and instead of going to bed at 10 pm and getting up at 6 am, I'll start vacuuming my floors at 6 am, wearing my shoes indoors like they do, tromping around at 1 am like he was last night, having clients over all hours of the night, get a dog that'll go back and forth over their heads all the time and see how quickly they complain about all the noise. It's a wartime home and there's no insulation between the two floors so every sound travels, especially late at night and in the wee hours of the morning when ambient noise is low. This isn't a condo or apartment with brick walls between the units. Moving furniture around at 9:30 pm, like they did this Sun. past is also disruptive and unnecessary. I previously gave you only a couple examples of their continuously thoughtless behaviour. I am mindful of these things and don't make a lot of noise between 10 pm and 8 am, as was/did my previous tenant. He, despite talking to him about these things, doesn't seem to give a darn toot and I partly chalk it up to his and her age.

 

[Phil C. McNasty]

Whats next Sophia, are they gonna walk all over your lawn too??!! :biggrin1: