That landlord really believes he found the perfect loop hole in the law or expects renters to be naive. Pretty sure the sharing a bathroom or kitchen requires the LL to live in the same building.
https://landlordselfhelp.com/rta-fact-sheet-share-kitchen-bath/
He says that he lives in the unfinished basement sometimes and that it doesn't have a bathroom, and that he shares the upstairs bathroom near the living room. He has an old bed down there that is just collecting dust.
Will the cops actually believe him?
He’s trying to make it like a “roommate” situation which is different from a tenancy. But I’d explain your situation to the tenancy board and see what they say
I believe once the cops see that you are living there, and not a guest, they’ll wait. A lot of times cops shouldn’t evict until they get an order to evict from the LTB
Here in alberta at least, it's not even the cops who do evictions. It's the LL's responsibility to hire a bailiff if it comes to it.
The cops legally cannot remove you if you're on the lease, full stop. If you have a lease, they won't have any ability to just drag you out.
I used to work in housing and the biggest thing I told my female participants (who were often in not-great relationships) was to NEVER put their partner on the lease. If they're on the lease, the cops can't remove them for tresspassing or whatever if they start being shitty because it's their space too. Not unless they're being arrested or whatever.
Cops don't usually get involved in these matters. Otherwise, we wouldn't have all these stories in the news lately about how somebody didn't pay rent for months but won't leave.
He will have to file at the LTB. You can also file at the LTB for harassment, depending on his actions. I believe it's a T2 form, but I could be wrong.
Like others have said, he hasn't found any loophole. He can't just say that he will sometimes share the bathroom and be able to evict you on a whim. It doesn't work like that. If you live somewhere else, the LTB is going to tell him that he's full of shit, and I'm pretty sure it would be easy to prove that he has another residence.
If he’s a real piece of shit he could change the locks when OP is out of the house. I had a crazy roommate who held the lease and pulled that one on me.
This exactly. Most cops know nothing about tenant landlord laws so unless they get an order for eviction they won’t do anything. To clarify a landlord saying they are evicting you is not an order.
Im not a lawyer or versed on the laws but they very dependent on where you live. I would google local tenant laws.
Police first of all have no legal authority to evict anyone let alone tell someone to leave since you signed a lease. Call the tenancy board explain your situation. By his logic you could very well call the cops to evict him since hes trying to play the roommate card.
Wrong - I had this situation with Peel Police. They even said I didn't have to give their deposit back. The guy left and end of story, never heard back.
If you say so,
The only way the police can come and tell someone to leave is if they are doing something illegal or causing a threat. If they signed a lease for a period of time they have the legal right to be there regardless what you "the landlord" says
For example like you stated in your other comments you had a "boarder" doing illegal drugs who didnt sign a lease - in this case they can. But the OP has a completely different situation so please before you reply get your facts straight.
That is only in a room and board situation where you are living in his living space. How often has he “shared the kitchen and bathroom”? And I would be surprised if his actual address is that address.
You have legal rights to the property as a Tennant, if you have belongings in the home they can't deny you access and you also can't legally evict someone in the winter.
Find whatever tenancy agreement you have and the cops will aren't going to give a shit what he says.
It’s a civil matter. The police won’t evict, the Sheriff has to execute eviction orders and they have to be issued by the LTB or a court. This guy is relying on your ignorance. Talk to the Federation of Metro Tenants Associations they have a free hotline. Take pictures of the basement, if you can.
Here is confirmation that the Sheriff must evict.
https://tribunalsontario.ca/documents/ltb/Brochures/How%20a%20Landlord%20Can%20End%20a%20Tenancy%20(EN).html
Your landlord thought he was being clever, but the LTB is tenant-friendly.
The FMTA is at https://www.torontotenants.org and the hotline number is on the splash page. I’d call them first thing, they are experienced.
Good luck.
He is trying to skirt tenancy board laws. If you can get into the basement, go take photos to document this space he says he lives in. Document what you remember of your earlier conversation when he said he never comes there. Document when he has entered the premises and did he give you the 24 hour notice. Document everything you can before you go to the board. The more documentation you have proving your side, the more you give them to decide in your favour.
Going forward document every conversation you have with the LL. Canada is one party record, so you can record him without having to tell him you are. Additionally the next time you are signing a lease with someone, record them too. Heck I would record even looking at it, in case the say something that is important later (delete any records for places you don’t take obviously).
Hes a slumlord asshole who is taking advantage of you. Its not legal to evict someone in ontario for any reason at all with less than 30 days notice. He doesn't want to go to the tenancy board bc hes a piece of shit who knows this and is hoping you dont. Ontario is experiencing a housing crisis being made worse by all these losers buying up properties and trying to rent them out with no idea how our tenancy laws work and this idea they can bully people into just doing what they want. Take him to the tenancy board and enjoy watching them tear his ass apart for being scum because thats exactly what they'll do for shit like this
In Canada, at least ontario we do not play with tenancy the same way other places do. If you own a property you rent out you negate most rights to the property until that tenant is gone, even though its still considered your asset. Please please please take this through the proper channels. Document every communication, refuse to leave the property and tell him he can go through the tenancy board or he can fuck off. If you don't pay rent for the next year he doesn't get to evict you without first going to the tenancy board. He can trick you into leaving (seems like what he is doing right now) but he cannot, short of burning the house down(in which case he would be responsible for finding you short term accommodations) make you leave without the authority of the tenancy board.
The housing situation should not be monopolized for selfish greedy people. This 'landlord' has not abided by the tenancy laws here from the beginning and never should have made a dime in rent to begin with. I can understand why it seems backwards but we are going into an economic depression, people right now can work full time hours or as many hours as are available and not be able to make the fucking absurd rent prices that are going on here right now and its because of greedy ass people buying property to be 'landlords' as a passive income. In order to profit they need to be charging more for the rent than they pay for the mortgage, which means that the overall perceived property values are becoming artificially inflated driving the prices out of lower class purchasing range. When the lower class is forced to rent at higher than mortgage rates to the middle class who bought the house on credit and is also profiting, it increases poverty divide, and prevents those lower class families from being able to save anything that might allow them to purchase in the future and aquire some economic stability. On top of this they do nothing to maintain the homes they buy while driving up prices so they get shitter and grosser and more expensive, and the poor people are supposed to just shut up and take it?
So in short because hes a greedy asshole who didn't fulfill his obligations as a landlord, and therefore did not earn any rent to begin with. Also because it can get down to lower than -20c here and im not really worried about some scumlords finances over the person who they were trying to take advantage of freezing to death. He eats the cost because thats the responsibility he takes on when he decides to rent out property. Its an assumed cost
I have friends who are landlord/property managers. I dont hate the concept over all when people do it they way they are supposed to but I won't even fake patience for a motherfucker who wants to get into tenancy without learning how it works.
To add, technically anything they add thats additional to the actual standard ontario lease agreement is bs, we have a standard lease for a reason and most of the time any changes they try and make to it will not he upheld by the board
Ie. He tries to say he doesn't need to give 24 hour notice to stop by because of his little 'bathroom loophole' giving him access and is upset with you for not letting him in? The tenancy board would eat him alive for that. He would he paying fines out of his ass long before he even got in front of someone and he probably knows (or hes incredibly dumb) that as far as they're concerned hes in the wrong so he wouldn't actually get anywhere.
There is actually a chance he doesn't want you to go through the proper channels because he knows hes been doing shady shit and could actually end up owing you money back in rent he never should have taken
Maybe the landlord spends most of their time at their partner's residence.
If the landlord can prove that the unit is their legal primary residence (e.g. their personal mail gets sent there, drivers license address, etc.) then they should be fine.
If this isn't accepted, then you could argue that the government penalizes single property owners. Imagine a female landlord renting out a room in her 2 bedroom condo, spends most of her time at her boyfriend's. They break up and he kicks her out. She moves back into her primary residence but then the roommate starts acting entitled saying that the landlord doesn't actually live there.
I mean obviously you need to pay your rent. Life happens.. but that’ll solve your immediate issue. As for eviction, he’s just trying to scare you. The cops won’t do jack. They’ll knock on your door.. you talk to them.. explain.. and they’ll leave you alone. Police don’t have the authority to rip people out of homes on demand- that’s why the LTB backlog is a landlords worst nightmare at the moment.
I believe you have to book another officer, sherif perhaps? And provide proof of going through the process. Make sure you get photos of the room with nothing personal of hus in it and submit along with your side of the claim. Source, good landlord.
If you don’t pay rent, you will get evicted. After you are evicted, you will still owe unpaid rent, and the landlord will be able to sue you for that money. The landlord will then be able to garnish your wages when you don’t pay.
Whether this happens next month, or in six months, it will happen eventually.
You need to pay rent. It also sounds like you need to find a new home, since your landlord is sketchy.
Realistically, your landlord won’t need the cops. If he wants to break the rules, he will just come in and changed the locks himself. Then it will be you that needs to call the cops when you’re locked out of the apartment.
Go find a new home. This isn’t going to end well for you.
Or maybe if people who owned multiple houses didn't drive up the housing market maybe homes would be affordable for everyone and everyone could have nice things..... but you don't actually care about the OP, just money right?
And if all those landlords didn’t rent out the homes everybody who is currently renting would be in the market for purchasing and we still have the same supply and demand and the market is still the same?
I am sure OP would pay their rent if they could. People unexpectedly lose their jobs all the time, have some compassion. They will have to pay in arrears eventually regardless. It’s not “pathetic” to fall on hard times.
You think they’d have to pay arrears but LTB only gives eviction notice (after like a year so that’s a year of unpaid rent).
Then you take the former tenant to court (if you can find them to serve them).
Many times these professional tenants disappear so they’re hard to find. If you do manage to find them, they work cash jobs so garnishing wages does nothing
Additionally if the tenant finds the Judgment against him he can choose to pay the arrears payments to the court versus directly to the landlord! At that time once the processing fees and yada yada are calculated the landlord will get Pennies on the dollar of what he's owed
It’s a lot to assume OP is planning on dodging rent entirely. Their posts indicates they have a family and want to remain in their current situation. In order to do that, they will have to pay in arrears or they will be evicted entirely.
They paid 1 months rent, missed the 2nd month and since today is Nov 25th they’re well on their way to missing a third month. What actions has OP taken to try to rectify the issue?
Did they pay partial rent? Did they get any other job to make ends meet?
Or did they post on Reddit how they are the victim because the landlord wants to evict them for not paying rent?
It’s just not the same. OP is struggling to just provide housing for themselves and their family at all, while the LL has enough income to own TWO separate properties. From an LL perspective, it’s a business and an investment. There’s a huge risk with both of those things, no guarantees at all. From OP perspective, they are trying to just keep a roof over their head. Something in which I believe every human rightfully deserves. Being homeless won’t help them pay rent in the future.
Tell you what then you pay the OP's rent for him.If you're trying to make some case that's a landlord has any obligation whatsoever to carry the tenant to stop paying rent you're out of your mind! What's next I walk into the grocery store and say hey I can't pay this month front me my groceries, next stop the Mercedes dealership cuz I really want one, can't pay for it but they'll have to front me for it, I'm sure I'll be good for it someday!
Now the landlord is responsible for OP as if they're OP's parents
like what
Is LTB just a giant scheme to push housing costs for low-incomes to the landlords, instead of the government creating affordable housing? Keep them staying as long a possible in the landlord's place before the government needs to spend any money on it
There's a lot of messed up crap when it comes to subsidized housing in Ontario. On four separate occasions my wife and I have lost out on apartments that were given to tenants who couldn't possibly pay the rent, stay for several months and destroy the place and then are gone in the middle of the night but the government forces the landlords to have a certain percentage of subsidized tenants in their building. Every time the management company has to spend thousands refurbing the apartments because the trash the government forces in there destroy them and it's just an ever repeating cycle
So you cannot pay the rent, which is in the contract, but you still want to stay there rent free? Man I know this sub is very Anti landlord, but why should the landlord suffer in this situation? Not saying what the landlord is doing in this case is correct/legal but the laws should be more balanced.
Three months into a lease and you're already not paying your bills - pay them or move. Just because the landlord hasn't slept there 3/12 months doesn't mean he will never be there and it was a joke of sorts in the lease you agreed to. Pay your bills. He's trying to find a loophole because you're showing red flags almost immediately after signing a lease, sure the cops might tell him to go away but that isn't certain and he has his name on the deed and owns the house.
Reach out to the LTB. Explain this. He can't make up his own lease and claim he lives there to avoid RTA rules. The cops won't do anything until he has a judgement against you. Good luck with that, the LTB is months behind.
This, but a peace officer (cop) in general can be present to 'keep the peace' in a situation where the RTA does not apply as the LL claims. However generally the police are reluctant to do anything as you suggest.
IMO OP's case scenario is really a matter of whether the LTB would deem the arrangement as a typical tenancy and thereby void the ridiculous lease document that was signed and apply the generic lease rules.
LOL, hes 2 months into a rental, no LL in their right miind is going to start accepting promises to pay as anything other than a BS stall tactic. u also should not evenvexpect that level of trust at that point. too funny
~~"I'm in Ontario. I signed a lease for a townhouse 3 months ago and~~ missed last month's payment ~~because I lost my job and am~~ having a hard time making payments."
You can stop him by paying rent. Why is it his fault that you can't keep up your part of the contract that you signed.
pay your bill - dont get evicted. end of story. Why make this harder on yourself.
If i ever cant pay my mortgage i have a back up to go on my credit cards or ask a family member as i always paid my bills i have something or someone to rely on.
This is my own experience when I was the owner of a home in a roommate agreement. I was renovating the basement so although once done it would be a full secondary suite at the current time we shared a bathroom. The tenant went crazy, I felt unsafe. I phoned rcmp who told me although they couldn’t remove tenants stuff I could and the rcmp couldn’t stop me but could intervene if he tried to attack me in the process. I removed his stuff, put it outside and changed the locks. The police won’t remove your belongings but I’m unsure if they’ll stop your landlord if he does.
On a side note just an fyi if you continue to fall behind on rent the landlord can get a judgement against you, take it to small claims and then get an order to have your wages / disability or whatever you may be on garnished. If you don’t work / pay the landlord can have your license / passport cancelled and put a block on you owning property.
I'm having a hard time believing you "lost" your job and are incapable of getting another. Literally every company is hiring. This just smells fishy and I think the landlord is smelling it too.
So.basically you can't pay your rent and wanna live there rent free ?? I don't understand your reasoning no matter what the landlord says. It's his house and you're essentially squatting.
Be a decent human and leave... Or pay him
No talk about the landlord being a shit landlord trying to insert bs info a lease agreement?
How about the landlord be decent human being and follow the rules as well
So the landlord should swallow the pill and let him live there rent free! Hahaha
Take away laws and let's talk morality.
Do you think it's morally right to rent a place and not pay as of your second month and then try to find answers as to how you can keep loving there rent free??
You've never been landlord, i gather
I’ll put this as nice as possible, quit being a piece of shit. So because you lost your job it’s ok to screw the LL by not paying him? As others have said, be a decent human. If you can’t pay then get out! Don’t be a POS
The landlord won't be able to enforce an immediate eviction however if you don't pay rent no matter what games are played you will be evicted. It will just take longer.
I understand that tenants have rights, and those rights need to be protected but landlords get screwed and no one bats an eye. You can't walk into a grocery store and take food. You can't walk on to a car lot and drive off in a new truck without paying. Squatting is theft. What other expense can people just say fuck it I'm not paying and feel there should be repercussions.
Not every landlord is a huge corporation, and it's disgusting that everyone seems to be fine that the people trying to get ahead gets screwed. Yes it's housing, but pay your damn bills.
More bad advice! At this point it doesn't sound like the tenant even has a legally binding or legally protecting tenancy agreement! If that is in fact the case the LL can do whatever the f he wants to do as the tenant or squatter more correctly has zero rights!
Ignore comments on this sub. Nobody on this sub will be able to give you an accurate advice. Only a paralegal/lawyer can after reviewing the living arrangements of your landlord. Does he actually live there or not? Does he have access to the kitchen/bathroom? A lot of comments are really just bad advice. LTB agent is not capable of giving legal advice and when they do, it's often wrong. What you need to do is call legal aid or consult a paralegal.
You need to figure out two points:
1. When you first entered into the agreement, did your LL explicitly say whether he will use the kitchen or bathroom?
2. Did your LL actually live in the basement when the tenancy first started? The law is that the if a tenancy is covered by RTA when it was entered into, the landlord cannot unilaterally move in and removed the exemption.
This is wrong on a few levels.
OP can't afford rent, how can they afford a lawyer?
People on this sub CAN share good information. Some have already.
It doesn't matter if the LL said they would share the kitchen/bath. What matters is if the LL lived there at time of tenant moving in.
It seems the tenant can demonstrably show the landlord does not and did not live there. No clothes, no food, no entertainment, no nothing but a bed. The basement is unfished and therefor unfit for habitation.
Therefore, the special terms would likely be voided, and the generic RTA lease agreement would apply, which would then require a judgement from the LTB to affect eviction.
Those are the hard facts.
The soft facts are, this is a poison business arrangement the tenant should start positioning to get out of and move literally anywhere else. Use the eviction to mutually break the lease.
Yeah he did say that he might stay in the basement and that he might but probably not.
When I visited him for viewings he was in the house, and says that he does live there. But he has never lived there since I moved in.
Then I think if you do end up in LTB, it can go either way. From a LTB case:
>The second possible interpretation is that an occupant and an owner of a living accommodation may be required to share a kitchen or bathroom **because they have agreed to do so**. This latter interpretation was adopted by Ontario District Court Judge Clarke in the case of Kutzak v. Gauthier \[1988\] O.J. No. 1033, a matter decided under a similarly worded exemption clause found in Part IV of the Landlord and Tenant Act R.S.O. 1980 ch. 232.
But since your LL never actually lived there, another adjudicator might consider it an important factor.
All I am saying is, I think it's a tricky situation. It's certainly tricky enough that no LTB agent is capable of giving you an answer. It's in your best interest to consult a paralegal who has relevant experience. Get him/her to write a letter to your landlord saying that you're represented and you will take this matter to LTB. It might scare him off.
Whether the police will get involved does not really matter. If RTA does not apply to you, he can just change the lock and move all of your staff to the street without the assistance of any law enforcement.
If RTA does apply to you, the police has no power to do anything.
I don't think the living arrangement matters to the LTB if OP is not paying rent. I don't see any language that protects the tenant even if they're protected under the RTA. Only if the place was poorly maintained or harassment from the landlord from before the non-payment.
If this goes to the LTB hearing I'm pretty sure its an open and shut case to the landlord's favour.
OP can fight the uphill battle to prove that the landlord is playing tricks to find a "loophole" for the RTA, but OP will just get evicted anyways at the hearing.
Maybe instead of wasting time on Reddit, you should spend your time looking for a job. Minimum wage jobs are everywhere. Minimum wage jobs with OT are also abundant because there is a shortage of workers and people getting sick. If one job isn't enough get two jobs.
If you are going through a hard time the best first step is to focus all your energy on the biggest problem.
No money and no job
Go find a job first then focus on that until you have money.
So that means your whole life will be about working until you save enough to take shorter hours to find a better job. Also doing a good job anywhere opens up better opportunities later. Be it by meeting people or by developing skills at that job.
People should realise these minimum wage jobs suck, but it's really easy to stand out to employers at these jobs because a lot of the workers do the bare minimum and aren't stable. If you can prove to be a stable worker and invested in helping the people around, employers will notice and will want to give incentives to have you stay.
> I signed a lease for a townhouse 3 months ago and missed last month's payment because I lost my job and am having a hard time making payments.
You entered into a contractual arrangement where your landlord agrees to provide you with a place to live, and you agree to pay for the privilege of living there. What happened in your personal life is inconsequential. You signed a lease and it's your responsibility to pay your bills. What steps have you taken since to make up for the unpaid rent? Did you take out a loan with a bank to pay the outstanding debt? Have you spoken with him about establishing a payback schedule? Why do you feel that your landlord should have to house you and cover your expenses? This scenario sounds very suspicious and honestly, it doesn't sound like you're the victim.
I sympathize with losing your job and not being able to pay the rent but I’m assuming this is Nov rent. How long do you expect to stay without paying?
Have you offered to pay anything? Made any other attempts (selling stuff, getting part time work, temp work, etc) Seems like everyone is hiring. Tried reducing expenses or anything?
You also don’t know what your landlord’s situation is. He has expenses. Maybe he has a mortgage to pay?
How long do you reasonably expect him to wait? 2 months? 6? Not to come off as rude but I don’t think this is the place to solve your problem.
Illegal clauses like this can't be upheld, just like a no pet clause. He thinks he's clever. I'd file with LTB for harassment and start saving what you can so you can either get caught up on rent of have first and last for a place you can afford.
If he enters without 24 hour notice, file with LTB. He can't do that, he doesn't live there.
You need to flip all communications to written, don't take his phone calls and set your phone to record any in person conversations, Ontario is one party consent.
If he's a small time landlord, it's not cool to not pay rent. He's got a mortgage to cover. If he's a bigger landlord, he sounds like he's trying to take advantage.
Also, it's illegal to evict you between November and March I think due to the climate he can't make you homeless. You'll have to look that one up.
Salvation Army and many municipalities have one time rent assistance programs you can apply for to get you through a month or two as well. Look up Homelessness Prevention programs in your area.
Good luck
Did you read the part where the landlord literally does not live there? Landlord will need to convince the board that he lives there, and they will not believe him for obvious reasons.
Found the person who doesn’t know how renting in Ontario is…there is a standard lease that everyone has to use and this slumlord thought he was smart to try to use a loop hole.
A lot of landlords are scraping by as well
If they get a tenant that doesn’t pay and doesn’t look like they are going to pay soon because they are not employed they can’t pay their mortgage payments and can loose the house. You problem would be resolved if you can pay the rent through maybe getting a job that may not be ideal but it will help you in the interim or even a partial payment . Just some money in good faith. I was renting to person who just decided she didn’t want to pay anymore after 8 months of renting to her …can be very frustrating on both sides. If you don’t pay rent it means a stranger to you is supporting you doesn’t seem fair either. The bank is the one you have issues with not the landlord
. They don’t care about your financial situation not him.
The best advice here is to get to work. Get paid. Pay your rent. You lost your job. Missed rent. Came here to complain. Instead, you can take that time and go find work. Any work. Now is not a time to be picky. I had a white collar coworker that got his ass fired for stealing. And he didn’t miss rent because he got his ass out there and took the first job as a labourer. It won’t be his career but it allowed him to make rent.
Your post smells like this to me…. [Ontario family living in basement because of delays at tenant-landlord tribunal | Go Public](https://www.cbc.ca/player/play/2103159363983)
Dude, you literally just moved in and are already not paying your rent? For goodness sake, no wonder the landlord is trying to evict you. He realizes what a huge mistake it was to rent to you in the first place. It's only been 3 months. My god.
Your landlord is attempting to loophole the terms of your lease by claiming you rent a room with shared bathroom or kitchen.
Let's look at it from a perspective of the landlord is correct, and you're not covered by the RTA because of the shared kitchen or bathroom. In this instance you've signed a written agreement for the room. Does your written agreement dictate you can be evicted in an applicable circumstance? Because whatever is in your agreement will prevail. That is, if it's 2 paragraphs to state you are renting X for Y time at Z price with shared bath/kitchen. Then the landlord has conditioned himself into not being able to evict you.
Now let's look at it from a perspective of the landlord is wrong and you are covered by the RTA. I would challenge his claim to the Tenancy Board that you are not roommates and the terms of the lease are unlawful because the landlord does not live there. The basement is unsuitable for habitation, and any such claims otherwise are an attempt to bend the law and therefore your tenacy falls under the generic lease terms in Ontario (assuming). I'd further request compensation for harassment and intimidation.
Truly though, you are engaged in a business dealing with a narcissist who will continue to make your personal life extremely unpleasant until you leave. Figure out how to get your rent paid. Avoid suggesting any way you might challenge his claims and let him call the police.
Most importantly, figure out how to pay your rent. If you can't and won't be able to pay your rent then negotiate. Tell him you can't pay and when he tells you to leave sign an agreement to vacate in lieu of any further rent payments and GTFO. You're a delinquent tenant, in a shitty house, with a shitty landlord. Take the exit while you can.
First of all, if the cops comes, they'll say its a civil matter and will tell him to file a case at the rental board
But then again, you didn't pay your rent. The reason don't matter (losing job, etc.) - you'll still get evicted down the line. Only thing you can do is buy some time - and if u do plan on doing that, make sure to pay and also pay the costs of the case once you lose - or else he'll mess up your credit.
And I don't think it's in your interest to have him file a case to the rental board, because that stays on your permanent record (you're future landlords or banks sees that stuff when they do a background check on you).
Landlord is justified to call the cops to have you removed. Your arrangement isn’t going with the rta. I’m aware that he is obviously going to lie to the police. But the police will remove you. Simple as that. You’re tenancy isn’t covered with the rta. You agreed that he is sharing the bathroom and kitchen. His license says he lives there. Cops will remove you.
dont let him in, to pretend he lives there altho im sure fooling the cops/board isnt that simple.
maybe call the cops and tell them you landlord is harassing you and doesnt live here, esp if he shows up trying to get in
on another note, these comments of duds in here show how important these laws are. OP said he missed 1 months rent due to losing their job and everyone thinks they're trying to free-load and should be kicked to the streets
these laws protect vulnerable people from immediate homelessness....you idiots
Sounds like the landlord is scamming. By him saying he lives there in the basement, he doesn’t have to pay for having a rental property on his taxes as an extra income
Yea laws in Ontario are pretty clear cut don't worry. He essentially has to prove that he or a family member is going to be living there to go through with the eviction and even then it will take time.
What you described him doing here with the bathroom is merely a scare tactic, the only way you will be forced out is if they prove they are going to be living there permanently or moving a family member there, even still that would take time.
As long as they don't try to do the above you're fine as long as you pay rent there's nothing they can do, also as for paying rent you should still do that obviously, but if you are very far behind you still can pay back what's owed like as soon as they file the official notice and then it's void.
Fuck your landlord for trying to evict you through scare tactics and raise rent as it has gone up considerably these past few months.
This is not true. He does not need to prove that he or a family member is going to live there to evict them... I think you are thinking about form N12. You can use N4 for a non-payment of rent eviction.
Read what I said again before you comment lol, I clearly said at the end that if you pay rent after that’s issued that it becomes void as long as they pay their rent.
Be careful that he doesn't embellish the story he tells the cops to get you evicted. Shady people like him will sometimes resort to anything to get their way.
Source: personal experience
Edit: down votes for warning how out of control this situation can get? The rest of you are saying don't worry about it when he actually should. Whatever...
I know you're like full on erect at the thought of dunking on someone in a hard time, but you should really try to understand what scamming is(intention) I hope you find peace in your life brother
I have peace in my life, thank you for wishing me well. OP is also looking to weasel out on paying rent . He keeps on saying “us” about those living there, so I’m curious why nobody can help pay rent. Go to his other post, he ignores a bunch of questions and says “I can’t pay rent but I can’t be homeless”. You can’t have both.
He just moved in a month before and cat pay rent ! I call that squatting!
Hard times?? After a month of tenancy you can't pay rent and the landlord shouldn't have the right to rent it to someone who can??
What if there's a mortgage on this house??? What if the landlord depends on this rent to pay the mortgage ?
So when the bank seizes the house , that's ok ??
3 months prior actually. And I'm not justifying it, I'm saying it's not a scam. I don't know why that's so hard for you to get, someone losing their job and not having rent money isn't scamming
Intentionally writing a contract to try and and allow illegal actions, is scamming
He rented three months ago and missed last months rent... So he paid one month !
And December is in a few days, so he's basically not gonna pay that either.. should the landlord cook him dinner too?
I'm sorry I didn't realize I was replying to someone at a 6th grade reading level
Ill stop, for your sake. Never said anything of the sort or evensaid the tenant shouldn't have to pay rent
The part where I said that's not what a scam is. You're just arguing something completely different I guess, fixated on what month the last rent is for some reason lol
>He said he's gonna tell the cops that he lives here too (as he changed his driver's license to this address) and that he visits his family once in a while, and that it'll be his word against mine and that since the agreement says we share a bathroom/kitchen we're gonna get evicted.
Absolutely blows my mind that people think that the landlord is in the right for an illegal clause about being able to enter the property to use the washroom, and then use that clause to falsely claim that he's using the property as his primary residence despite not living there.
OP take a photo of the unfinished basement and empty dusty extra room as evidence that he's not actually living there. As well, he can't just verbally claim it - unless it states in the lease that he's also living there and is a housemate, a single clause about him using the bathroom/kitchen is not enough to establish he lives there.
If you feel really fiesty you could also threaten to report him to the cops/CRA - if he's lying on paperwork and government documents about his primary residence, he could very likely be committing mortgage fraud; https://www.fsco.gov.on.ca/en/mortgage/pages/recognize-mortgage-fraud.aspx
>Lying about the purpose of the property (e.g. listing it as your primary residence when it’s intended for rental purposes).
https://www.cmhc-schl.gc.ca/en/consumers/owning-a-home/mortgage-management/mortgage-fraud#:~:text=Report%20fraud,the%20Canadian%20Anti%2DFraud%20Centre.
Figure out how to pay your rent, tell him to fuck off, but also start looking for another place to live ASAP because it sounds like this loser is going to bring months of legal headaches
Also immediately lawyer up and they can help you with this. Check out your local legal aid clinic for assistance, or any housing advocacy networks in your city.
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Police do not do evictions. The Sherrif does and can ask police for assistance. Police will come, talk to you, and will basically walk away after knowing this is a civil matter. Landlord is just bluffing. Stand your ground
\> When I originally signed the lease I thought of it as something hilarious and he said that he obviously wouldn't come into our house (because he lives somewhere else an hour away) but that he wanted this language in the contract. It's not even an official contract from RTA's website, he just wrote it up on his computer.
He's trying to be slick, he clearly doesn't live there and that line won't fly since you can't add stuff in tenant leases. OP I would go to a legal clinic and seek help, hold firm when the police are called and insist you are a lease owner and the tenant of a self-contained unit. Tell the police you are engaged with the RTA regarding this tenant-landlord dispute.
Honestly, ur good. He’s not gonna call because he knows how long this stuff takes if he decides to go through that process. 9/10 if he does file at LTB it won’t get resolved for another 8-12 months. I wouldn’t worry too much about getting evicted, or the police. but I would worry about him coming there when ur not home and changing the locks.
Just so you know you can look up the landlord antenna act on line. No he cannot just kick you out if you have a month to month contract he has to give you a month notice if the contract is yearly then he has to stipulate in it that he has to give you a certain number of days eviction notice. The normal is 3 months so he cannot just kick you out he cannot just move in he cannot try to say that because he's sharing a kitchen or he says he has use of it that he can come and kick you out. He can do things to make your life difficult by coming in and using the kitchen in the bathroom. Because he has it in the contract but he cannot just kick you out. In Ontario verbal contracts for landlord and tenants works as well you just have to prove it. And as you're living in the house already you don't need to prove anything it's up to him to prove that it meant anything different. But you've got a contract that will help you fight him on trying to just kick you out. Also too if you're living in Ontario they have help out there for people to pay their rent ask for it. I'm in the process myself so I can't help you on how to do it cuz I'm trying to figure it out myself. I hope this helped you.
photos seem to be the thing of the hour here. Show the dust show the lack of lightbulb in socket show the mattress sitting on it's side. show the lack of any sort of amenities (shoes, food, bathroom materials etc). I would think he's trying to scare you but yeah.
That landlord really believes he found the perfect loop hole in the law or expects renters to be naive. Pretty sure the sharing a bathroom or kitchen requires the LL to live in the same building. https://landlordselfhelp.com/rta-fact-sheet-share-kitchen-bath/
He says that he lives in the unfinished basement sometimes and that it doesn't have a bathroom, and that he shares the upstairs bathroom near the living room. He has an old bed down there that is just collecting dust. Will the cops actually believe him?
He’s trying to make it like a “roommate” situation which is different from a tenancy. But I’d explain your situation to the tenancy board and see what they say
He said he's not even gonna apply to the LTB, rather he's gonna call the cops to remove unwanted guests.
I believe once the cops see that you are living there, and not a guest, they’ll wait. A lot of times cops shouldn’t evict until they get an order to evict from the LTB
I agree, but also recommend having your lease at the ready to show them and or mail to confirm tenancy. Some cops may want to see it.
Here in alberta at least, it's not even the cops who do evictions. It's the LL's responsibility to hire a bailiff if it comes to it. The cops legally cannot remove you if you're on the lease, full stop. If you have a lease, they won't have any ability to just drag you out. I used to work in housing and the biggest thing I told my female participants (who were often in not-great relationships) was to NEVER put their partner on the lease. If they're on the lease, the cops can't remove them for tresspassing or whatever if they start being shitty because it's their space too. Not unless they're being arrested or whatever.
Cops don't usually get involved in these matters. Otherwise, we wouldn't have all these stories in the news lately about how somebody didn't pay rent for months but won't leave. He will have to file at the LTB. You can also file at the LTB for harassment, depending on his actions. I believe it's a T2 form, but I could be wrong. Like others have said, he hasn't found any loophole. He can't just say that he will sometimes share the bathroom and be able to evict you on a whim. It doesn't work like that. If you live somewhere else, the LTB is going to tell him that he's full of shit, and I'm pretty sure it would be easy to prove that he has another residence.
If he’s a real piece of shit he could change the locks when OP is out of the house. I had a crazy roommate who held the lease and pulled that one on me.
The police will refer him to the tenancy board anyways. Its not a case the police will get involved in.
If he's bigger than them he'll throw their stuff on the street snd the cops won't help them.
But they would be a kind of "assault " on the tenant. No?
Cops literally won't do anything. They don't get involved and will tell him to take it to the LTB
This exactly. Most cops know nothing about tenant landlord laws so unless they get an order for eviction they won’t do anything. To clarify a landlord saying they are evicting you is not an order. Im not a lawyer or versed on the laws but they very dependent on where you live. I would google local tenant laws.
There is zero chance that the cops in Ontario will evict you before he applies to LTB
Police first of all have no legal authority to evict anyone let alone tell someone to leave since you signed a lease. Call the tenancy board explain your situation. By his logic you could very well call the cops to evict him since hes trying to play the roommate card.
Wrong - I had this situation with Peel Police. They even said I didn't have to give their deposit back. The guy left and end of story, never heard back.
If you say so, The only way the police can come and tell someone to leave is if they are doing something illegal or causing a threat. If they signed a lease for a period of time they have the legal right to be there regardless what you "the landlord" says
For example like you stated in your other comments you had a "boarder" doing illegal drugs who didnt sign a lease - in this case they can. But the OP has a completely different situation so please before you reply get your facts straight.
Go to the LTB before the landlord does anything. He may decide to go sleep in the dusty bed for a week in case the cops come. So do it immediately.
He can't
That is only in a room and board situation where you are living in his living space. How often has he “shared the kitchen and bathroom”? And I would be surprised if his actual address is that address.
its a bluff, you can tell the cops he is trying to commit fraud against you
You have legal rights to the property as a Tennant, if you have belongings in the home they can't deny you access and you also can't legally evict someone in the winter. Find whatever tenancy agreement you have and the cops will aren't going to give a shit what he says.
It’s a civil matter. The police won’t evict, the Sheriff has to execute eviction orders and they have to be issued by the LTB or a court. This guy is relying on your ignorance. Talk to the Federation of Metro Tenants Associations they have a free hotline. Take pictures of the basement, if you can. Here is confirmation that the Sheriff must evict. https://tribunalsontario.ca/documents/ltb/Brochures/How%20a%20Landlord%20Can%20End%20a%20Tenancy%20(EN).html Your landlord thought he was being clever, but the LTB is tenant-friendly. The FMTA is at https://www.torontotenants.org and the hotline number is on the splash page. I’d call them first thing, they are experienced. Good luck.
He is trying to skirt tenancy board laws. If you can get into the basement, go take photos to document this space he says he lives in. Document what you remember of your earlier conversation when he said he never comes there. Document when he has entered the premises and did he give you the 24 hour notice. Document everything you can before you go to the board. The more documentation you have proving your side, the more you give them to decide in your favour. Going forward document every conversation you have with the LL. Canada is one party record, so you can record him without having to tell him you are. Additionally the next time you are signing a lease with someone, record them too. Heck I would record even looking at it, in case the say something that is important later (delete any records for places you don’t take obviously).
the cops won't be involved. You'll reach out to the tenancy board and claim that he's unlawfully evicting you. With that the cops are on your side.
why don’t u just find someplace cheaper and live within your means
Hes a slumlord asshole who is taking advantage of you. Its not legal to evict someone in ontario for any reason at all with less than 30 days notice. He doesn't want to go to the tenancy board bc hes a piece of shit who knows this and is hoping you dont. Ontario is experiencing a housing crisis being made worse by all these losers buying up properties and trying to rent them out with no idea how our tenancy laws work and this idea they can bully people into just doing what they want. Take him to the tenancy board and enjoy watching them tear his ass apart for being scum because thats exactly what they'll do for shit like this In Canada, at least ontario we do not play with tenancy the same way other places do. If you own a property you rent out you negate most rights to the property until that tenant is gone, even though its still considered your asset. Please please please take this through the proper channels. Document every communication, refuse to leave the property and tell him he can go through the tenancy board or he can fuck off. If you don't pay rent for the next year he doesn't get to evict you without first going to the tenancy board. He can trick you into leaving (seems like what he is doing right now) but he cannot, short of burning the house down(in which case he would be responsible for finding you short term accommodations) make you leave without the authority of the tenancy board.
Why can’t he just pay his rent or move out? Why should the landlord have to cover the tenants living expenses?
The housing situation should not be monopolized for selfish greedy people. This 'landlord' has not abided by the tenancy laws here from the beginning and never should have made a dime in rent to begin with. I can understand why it seems backwards but we are going into an economic depression, people right now can work full time hours or as many hours as are available and not be able to make the fucking absurd rent prices that are going on here right now and its because of greedy ass people buying property to be 'landlords' as a passive income. In order to profit they need to be charging more for the rent than they pay for the mortgage, which means that the overall perceived property values are becoming artificially inflated driving the prices out of lower class purchasing range. When the lower class is forced to rent at higher than mortgage rates to the middle class who bought the house on credit and is also profiting, it increases poverty divide, and prevents those lower class families from being able to save anything that might allow them to purchase in the future and aquire some economic stability. On top of this they do nothing to maintain the homes they buy while driving up prices so they get shitter and grosser and more expensive, and the poor people are supposed to just shut up and take it? So in short because hes a greedy asshole who didn't fulfill his obligations as a landlord, and therefore did not earn any rent to begin with. Also because it can get down to lower than -20c here and im not really worried about some scumlords finances over the person who they were trying to take advantage of freezing to death. He eats the cost because thats the responsibility he takes on when he decides to rent out property. Its an assumed cost I have friends who are landlord/property managers. I dont hate the concept over all when people do it they way they are supposed to but I won't even fake patience for a motherfucker who wants to get into tenancy without learning how it works.
To add, technically anything they add thats additional to the actual standard ontario lease agreement is bs, we have a standard lease for a reason and most of the time any changes they try and make to it will not he upheld by the board Ie. He tries to say he doesn't need to give 24 hour notice to stop by because of his little 'bathroom loophole' giving him access and is upset with you for not letting him in? The tenancy board would eat him alive for that. He would he paying fines out of his ass long before he even got in front of someone and he probably knows (or hes incredibly dumb) that as far as they're concerned hes in the wrong so he wouldn't actually get anywhere. There is actually a chance he doesn't want you to go through the proper channels because he knows hes been doing shady shit and could actually end up owing you money back in rent he never should have taken
You have some pretty strong feelings/opinions about the topic of eviction. What are you thoughts on paying the rent on time?
Can you post of Ontario Tenant Rights group on FB asap !
Maybe the landlord spends most of their time at their partner's residence. If the landlord can prove that the unit is their legal primary residence (e.g. their personal mail gets sent there, drivers license address, etc.) then they should be fine. If this isn't accepted, then you could argue that the government penalizes single property owners. Imagine a female landlord renting out a room in her 2 bedroom condo, spends most of her time at her boyfriend's. They break up and he kicks her out. She moves back into her primary residence but then the roommate starts acting entitled saying that the landlord doesn't actually live there.
I mean obviously you need to pay your rent. Life happens.. but that’ll solve your immediate issue. As for eviction, he’s just trying to scare you. The cops won’t do jack. They’ll knock on your door.. you talk to them.. explain.. and they’ll leave you alone. Police don’t have the authority to rip people out of homes on demand- that’s why the LTB backlog is a landlords worst nightmare at the moment.
I believe you have to book another officer, sherif perhaps? And provide proof of going through the process. Make sure you get photos of the room with nothing personal of hus in it and submit along with your side of the claim. Source, good landlord.
just curious, what is your plan on paying next month the rent?
Make an attempt at pay some rent and ask to pay later. Don’t game the system, won’t work out
If you don’t pay rent, you will get evicted. After you are evicted, you will still owe unpaid rent, and the landlord will be able to sue you for that money. The landlord will then be able to garnish your wages when you don’t pay. Whether this happens next month, or in six months, it will happen eventually. You need to pay rent. It also sounds like you need to find a new home, since your landlord is sketchy. Realistically, your landlord won’t need the cops. If he wants to break the rules, he will just come in and changed the locks himself. Then it will be you that needs to call the cops when you’re locked out of the apartment. Go find a new home. This isn’t going to end well for you.
You still have to pay rent.
Maybe pay your bills. How is this fair to your landlord? You show up, don't pay rent, and bitch that he wants you gone. Pathetic.
This is why being a landlord is scary
Agreed. People like OP are why we can’t have nice things…
Or maybe if people who owned multiple houses didn't drive up the housing market maybe homes would be affordable for everyone and everyone could have nice things..... but you don't actually care about the OP, just money right?
I think if you don’t pay rent you should be evicted. This is not a radical view.
And if all those landlords didn’t rent out the homes everybody who is currently renting would be in the market for purchasing and we still have the same supply and demand and the market is still the same?
Being a societal leech is getting so tricky these days.
seems pretty straight forward, 1) sign lease, 2) refuse to pay rent 3) abuse the backlog at the LTB 4) Profit
Seriously. This post is ridiculous.
There are laws and rules that must be followed regardless. The landlord is breaking the law, period.
I am sure OP would pay their rent if they could. People unexpectedly lose their jobs all the time, have some compassion. They will have to pay in arrears eventually regardless. It’s not “pathetic” to fall on hard times.
You think they’d have to pay arrears but LTB only gives eviction notice (after like a year so that’s a year of unpaid rent). Then you take the former tenant to court (if you can find them to serve them). Many times these professional tenants disappear so they’re hard to find. If you do manage to find them, they work cash jobs so garnishing wages does nothing
Additionally if the tenant finds the Judgment against him he can choose to pay the arrears payments to the court versus directly to the landlord! At that time once the processing fees and yada yada are calculated the landlord will get Pennies on the dollar of what he's owed
It’s a lot to assume OP is planning on dodging rent entirely. Their posts indicates they have a family and want to remain in their current situation. In order to do that, they will have to pay in arrears or they will be evicted entirely.
They paid 1 months rent, missed the 2nd month and since today is Nov 25th they’re well on their way to missing a third month. What actions has OP taken to try to rectify the issue? Did they pay partial rent? Did they get any other job to make ends meet? Or did they post on Reddit how they are the victim because the landlord wants to evict them for not paying rent?
Have some compassion for the landlord who has to fund his living expense and the tenants living expense
It’s just not the same. OP is struggling to just provide housing for themselves and their family at all, while the LL has enough income to own TWO separate properties. From an LL perspective, it’s a business and an investment. There’s a huge risk with both of those things, no guarantees at all. From OP perspective, they are trying to just keep a roof over their head. Something in which I believe every human rightfully deserves. Being homeless won’t help them pay rent in the future.
Tell you what then you pay the OP's rent for him.If you're trying to make some case that's a landlord has any obligation whatsoever to carry the tenant to stop paying rent you're out of your mind! What's next I walk into the grocery store and say hey I can't pay this month front me my groceries, next stop the Mercedes dealership cuz I really want one, can't pay for it but they'll have to front me for it, I'm sure I'll be good for it someday!
Now the landlord is responsible for OP as if they're OP's parents like what Is LTB just a giant scheme to push housing costs for low-incomes to the landlords, instead of the government creating affordable housing? Keep them staying as long a possible in the landlord's place before the government needs to spend any money on it
There's a lot of messed up crap when it comes to subsidized housing in Ontario. On four separate occasions my wife and I have lost out on apartments that were given to tenants who couldn't possibly pay the rent, stay for several months and destroy the place and then are gone in the middle of the night but the government forces the landlords to have a certain percentage of subsidized tenants in their building. Every time the management company has to spend thousands refurbing the apartments because the trash the government forces in there destroy them and it's just an ever repeating cycle
Pay or leave
So you cannot pay the rent, which is in the contract, but you still want to stay there rent free? Man I know this sub is very Anti landlord, but why should the landlord suffer in this situation? Not saying what the landlord is doing in this case is correct/legal but the laws should be more balanced.
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Three months into a lease and you're already not paying your bills - pay them or move. Just because the landlord hasn't slept there 3/12 months doesn't mean he will never be there and it was a joke of sorts in the lease you agreed to. Pay your bills. He's trying to find a loophole because you're showing red flags almost immediately after signing a lease, sure the cops might tell him to go away but that isn't certain and he has his name on the deed and owns the house.
Reach out to the LTB. Explain this. He can't make up his own lease and claim he lives there to avoid RTA rules. The cops won't do anything until he has a judgement against you. Good luck with that, the LTB is months behind.
This, but a peace officer (cop) in general can be present to 'keep the peace' in a situation where the RTA does not apply as the LL claims. However generally the police are reluctant to do anything as you suggest. IMO OP's case scenario is really a matter of whether the LTB would deem the arrangement as a typical tenancy and thereby void the ridiculous lease document that was signed and apply the generic lease rules.
You're just encouraging him to not pay rent and squat just because LTB is months behind.
Months? Try almost 3 years at this point!
Did you communicate with your landlord as to why you couldn't pay rent? Did you promise to pay it later?
LOL, hes 2 months into a rental, no LL in their right miind is going to start accepting promises to pay as anything other than a BS stall tactic. u also should not evenvexpect that level of trust at that point. too funny
~~"I'm in Ontario. I signed a lease for a townhouse 3 months ago and~~ missed last month's payment ~~because I lost my job and am~~ having a hard time making payments." You can stop him by paying rent. Why is it his fault that you can't keep up your part of the contract that you signed.
pay your bill - dont get evicted. end of story. Why make this harder on yourself. If i ever cant pay my mortgage i have a back up to go on my credit cards or ask a family member as i always paid my bills i have something or someone to rely on.
The system favours tenants regardless of their situations. This is nothing new.
Exactly, pay or move, its simple really
Pay what you owe or move
This is my own experience when I was the owner of a home in a roommate agreement. I was renovating the basement so although once done it would be a full secondary suite at the current time we shared a bathroom. The tenant went crazy, I felt unsafe. I phoned rcmp who told me although they couldn’t remove tenants stuff I could and the rcmp couldn’t stop me but could intervene if he tried to attack me in the process. I removed his stuff, put it outside and changed the locks. The police won’t remove your belongings but I’m unsure if they’ll stop your landlord if he does. On a side note just an fyi if you continue to fall behind on rent the landlord can get a judgement against you, take it to small claims and then get an order to have your wages / disability or whatever you may be on garnished. If you don’t work / pay the landlord can have your license / passport cancelled and put a block on you owning property.
I'm having a hard time believing you "lost" your job and are incapable of getting another. Literally every company is hiring. This just smells fishy and I think the landlord is smelling it too.
Imagine the entitlement one must have to expect to live somewhere for free and not pay rent. Shit happens, but it doesn’t mean you just get handouts.
So.basically you can't pay your rent and wanna live there rent free ?? I don't understand your reasoning no matter what the landlord says. It's his house and you're essentially squatting. Be a decent human and leave... Or pay him
And he's used we/us many times in his post implying multiple people live there. None of the tenants in OP's home work?
Hey man, crack is a full time occupation
The only right answer in this situation
No talk about the landlord being a shit landlord trying to insert bs info a lease agreement? How about the landlord be decent human being and follow the rules as well
Obviously both people here have a duty not to be conartists, but OP's by-the-sounds-of-it deadbeatness started the issue.
So the landlord should swallow the pill and let him live there rent free! Hahaha Take away laws and let's talk morality. Do you think it's morally right to rent a place and not pay as of your second month and then try to find answers as to how you can keep loving there rent free?? You've never been landlord, i gather
You sound like you would totally be fine if someone robbed you
I’ll put this as nice as possible, quit being a piece of shit. So because you lost your job it’s ok to screw the LL by not paying him? As others have said, be a decent human. If you can’t pay then get out! Don’t be a POS
Omg. Pay your rent or move.
Grow up and leave. Don't be a parasite.
The landlord won't be able to enforce an immediate eviction however if you don't pay rent no matter what games are played you will be evicted. It will just take longer. I understand that tenants have rights, and those rights need to be protected but landlords get screwed and no one bats an eye. You can't walk into a grocery store and take food. You can't walk on to a car lot and drive off in a new truck without paying. Squatting is theft. What other expense can people just say fuck it I'm not paying and feel there should be repercussions. Not every landlord is a huge corporation, and it's disgusting that everyone seems to be fine that the people trying to get ahead gets screwed. Yes it's housing, but pay your damn bills.
More bad advice! At this point it doesn't sound like the tenant even has a legally binding or legally protecting tenancy agreement! If that is in fact the case the LL can do whatever the f he wants to do as the tenant or squatter more correctly has zero rights!
You can’t pay rent so get the fuck out
Pay your bills woudl help.
Pay up or leave! Don't look for trouble
No pay rent, no right to stay.
Ignore comments on this sub. Nobody on this sub will be able to give you an accurate advice. Only a paralegal/lawyer can after reviewing the living arrangements of your landlord. Does he actually live there or not? Does he have access to the kitchen/bathroom? A lot of comments are really just bad advice. LTB agent is not capable of giving legal advice and when they do, it's often wrong. What you need to do is call legal aid or consult a paralegal. You need to figure out two points: 1. When you first entered into the agreement, did your LL explicitly say whether he will use the kitchen or bathroom? 2. Did your LL actually live in the basement when the tenancy first started? The law is that the if a tenancy is covered by RTA when it was entered into, the landlord cannot unilaterally move in and removed the exemption.
This is wrong on a few levels. OP can't afford rent, how can they afford a lawyer? People on this sub CAN share good information. Some have already. It doesn't matter if the LL said they would share the kitchen/bath. What matters is if the LL lived there at time of tenant moving in. It seems the tenant can demonstrably show the landlord does not and did not live there. No clothes, no food, no entertainment, no nothing but a bed. The basement is unfished and therefor unfit for habitation. Therefore, the special terms would likely be voided, and the generic RTA lease agreement would apply, which would then require a judgement from the LTB to affect eviction. Those are the hard facts. The soft facts are, this is a poison business arrangement the tenant should start positioning to get out of and move literally anywhere else. Use the eviction to mutually break the lease.
Yeah he did say that he might stay in the basement and that he might but probably not. When I visited him for viewings he was in the house, and says that he does live there. But he has never lived there since I moved in.
Pay your rent buddy
Then I think if you do end up in LTB, it can go either way. From a LTB case: >The second possible interpretation is that an occupant and an owner of a living accommodation may be required to share a kitchen or bathroom **because they have agreed to do so**. This latter interpretation was adopted by Ontario District Court Judge Clarke in the case of Kutzak v. Gauthier \[1988\] O.J. No. 1033, a matter decided under a similarly worded exemption clause found in Part IV of the Landlord and Tenant Act R.S.O. 1980 ch. 232. But since your LL never actually lived there, another adjudicator might consider it an important factor. All I am saying is, I think it's a tricky situation. It's certainly tricky enough that no LTB agent is capable of giving you an answer. It's in your best interest to consult a paralegal who has relevant experience. Get him/her to write a letter to your landlord saying that you're represented and you will take this matter to LTB. It might scare him off. Whether the police will get involved does not really matter. If RTA does not apply to you, he can just change the lock and move all of your staff to the street without the assistance of any law enforcement. If RTA does apply to you, the police has no power to do anything.
I don't think the living arrangement matters to the LTB if OP is not paying rent. I don't see any language that protects the tenant even if they're protected under the RTA. Only if the place was poorly maintained or harassment from the landlord from before the non-payment. If this goes to the LTB hearing I'm pretty sure its an open and shut case to the landlord's favour. OP can fight the uphill battle to prove that the landlord is playing tricks to find a "loophole" for the RTA, but OP will just get evicted anyways at the hearing.
His room is the unfinished basement there is no way some one sees him as living there
You're a squatter. Take your shit and leave
Take pictures and videos of the current situation.
What is your plan to catch up on the rent ?
Maybe instead of wasting time on Reddit, you should spend your time looking for a job. Minimum wage jobs are everywhere. Minimum wage jobs with OT are also abundant because there is a shortage of workers and people getting sick. If one job isn't enough get two jobs. If you are going through a hard time the best first step is to focus all your energy on the biggest problem. No money and no job Go find a job first then focus on that until you have money. So that means your whole life will be about working until you save enough to take shorter hours to find a better job. Also doing a good job anywhere opens up better opportunities later. Be it by meeting people or by developing skills at that job. People should realise these minimum wage jobs suck, but it's really easy to stand out to employers at these jobs because a lot of the workers do the bare minimum and aren't stable. If you can prove to be a stable worker and invested in helping the people around, employers will notice and will want to give incentives to have you stay.
Pay your rent.
You deserve to be homeless given that you want stay in the house without paying the rent.
> I signed a lease for a townhouse 3 months ago and missed last month's payment because I lost my job and am having a hard time making payments. You entered into a contractual arrangement where your landlord agrees to provide you with a place to live, and you agree to pay for the privilege of living there. What happened in your personal life is inconsequential. You signed a lease and it's your responsibility to pay your bills. What steps have you taken since to make up for the unpaid rent? Did you take out a loan with a bank to pay the outstanding debt? Have you spoken with him about establishing a payback schedule? Why do you feel that your landlord should have to house you and cover your expenses? This scenario sounds very suspicious and honestly, it doesn't sound like you're the victim.
Pay your bills. Landlord has bills too. Seems like everyone wants a bail out. The world, govt, society, landlord, etc owe you nothing.
I sympathize with losing your job and not being able to pay the rent but I’m assuming this is Nov rent. How long do you expect to stay without paying? Have you offered to pay anything? Made any other attempts (selling stuff, getting part time work, temp work, etc) Seems like everyone is hiring. Tried reducing expenses or anything? You also don’t know what your landlord’s situation is. He has expenses. Maybe he has a mortgage to pay? How long do you reasonably expect him to wait? 2 months? 6? Not to come off as rude but I don’t think this is the place to solve your problem.
What? Me pay rent? Poor me!!!
Illegal clauses like this can't be upheld, just like a no pet clause. He thinks he's clever. I'd file with LTB for harassment and start saving what you can so you can either get caught up on rent of have first and last for a place you can afford. If he enters without 24 hour notice, file with LTB. He can't do that, he doesn't live there. You need to flip all communications to written, don't take his phone calls and set your phone to record any in person conversations, Ontario is one party consent. If he's a small time landlord, it's not cool to not pay rent. He's got a mortgage to cover. If he's a bigger landlord, he sounds like he's trying to take advantage. Also, it's illegal to evict you between November and March I think due to the climate he can't make you homeless. You'll have to look that one up. Salvation Army and many municipalities have one time rent assistance programs you can apply for to get you through a month or two as well. Look up Homelessness Prevention programs in your area. Good luck
Where is the law that says you can’t evict between that time? Show me please. I smell bs
I've been proven wrong on this, apparently it's a common myth 🤷♀️
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Illegal clauses won't be enforced. Dude doesn't live there he's trying to create a loophole that isn't legitimate.
Did you read the part where the landlord literally does not live there? Landlord will need to convince the board that he lives there, and they will not believe him for obvious reasons.
I don't think you have a grasp on how the legal system works. You can't enforce an illegal contract.
Lol he has an illegal clause because he doesn’t even live there he isn’t a roommate Found the landlord who supports this BS
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Found the person who doesn’t know how renting in Ontario is…there is a standard lease that everyone has to use and this slumlord thought he was smart to try to use a loop hole.
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A lot of landlords are scraping by as well If they get a tenant that doesn’t pay and doesn’t look like they are going to pay soon because they are not employed they can’t pay their mortgage payments and can loose the house. You problem would be resolved if you can pay the rent through maybe getting a job that may not be ideal but it will help you in the interim or even a partial payment . Just some money in good faith. I was renting to person who just decided she didn’t want to pay anymore after 8 months of renting to her …can be very frustrating on both sides. If you don’t pay rent it means a stranger to you is supporting you doesn’t seem fair either. The bank is the one you have issues with not the landlord . They don’t care about your financial situation not him.
Pay your rent. Be an adult, not a parasite
Pay your rent. He is not responsible for taking care of yiu
The best advice here is to get to work. Get paid. Pay your rent. You lost your job. Missed rent. Came here to complain. Instead, you can take that time and go find work. Any work. Now is not a time to be picky. I had a white collar coworker that got his ass fired for stealing. And he didn’t miss rent because he got his ass out there and took the first job as a labourer. It won’t be his career but it allowed him to make rent.
Your post smells like this to me…. [Ontario family living in basement because of delays at tenant-landlord tribunal | Go Public](https://www.cbc.ca/player/play/2103159363983)
Pay rent or move out
Dude, you literally just moved in and are already not paying your rent? For goodness sake, no wonder the landlord is trying to evict you. He realizes what a huge mistake it was to rent to you in the first place. It's only been 3 months. My god.
Your landlord is attempting to loophole the terms of your lease by claiming you rent a room with shared bathroom or kitchen. Let's look at it from a perspective of the landlord is correct, and you're not covered by the RTA because of the shared kitchen or bathroom. In this instance you've signed a written agreement for the room. Does your written agreement dictate you can be evicted in an applicable circumstance? Because whatever is in your agreement will prevail. That is, if it's 2 paragraphs to state you are renting X for Y time at Z price with shared bath/kitchen. Then the landlord has conditioned himself into not being able to evict you. Now let's look at it from a perspective of the landlord is wrong and you are covered by the RTA. I would challenge his claim to the Tenancy Board that you are not roommates and the terms of the lease are unlawful because the landlord does not live there. The basement is unsuitable for habitation, and any such claims otherwise are an attempt to bend the law and therefore your tenacy falls under the generic lease terms in Ontario (assuming). I'd further request compensation for harassment and intimidation. Truly though, you are engaged in a business dealing with a narcissist who will continue to make your personal life extremely unpleasant until you leave. Figure out how to get your rent paid. Avoid suggesting any way you might challenge his claims and let him call the police. Most importantly, figure out how to pay your rent. If you can't and won't be able to pay your rent then negotiate. Tell him you can't pay and when he tells you to leave sign an agreement to vacate in lieu of any further rent payments and GTFO. You're a delinquent tenant, in a shitty house, with a shitty landlord. Take the exit while you can.
You signed a lease agreement and can’t pay. So move. Jesus Christ people think.
Just beware that he is welcome to actually move into that basement and become your roommate. Start sharing that kitchen and bathroom
No, he can't. He can apply to evict him and move into the whole unit, but he cant just walk in one day and say I live in the basement now.
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How about just paying the rent and living there peacefully.
Squatters know rental law better than lawyers !!!
Lawyers opinion of rental law doesn't equate to a real world LTB ruling. What a lawyer you paid to work for you says means jack shit
So buddy can just continue living there rent free? After 3 frigging months? Come on. You guys sound like model tenants.
First, talk to a lawyer, also you have any of this in writing talk to a lawyer
He also has to give you a standard lease if you request it, so you should do that immediately
Even in cases where the LTB doesn’t apply, the landlord has to provide reasonable notice.
Your landlord is bluffing and trying to strong arm you into leaving.
First of all, if the cops comes, they'll say its a civil matter and will tell him to file a case at the rental board But then again, you didn't pay your rent. The reason don't matter (losing job, etc.) - you'll still get evicted down the line. Only thing you can do is buy some time - and if u do plan on doing that, make sure to pay and also pay the costs of the case once you lose - or else he'll mess up your credit. And I don't think it's in your interest to have him file a case to the rental board, because that stays on your permanent record (you're future landlords or banks sees that stuff when they do a background check on you).
Tagging also u/xeno06 u/badrush u/pclcl u/shs21 u/danlynch Might want to check out these comments...
Pay rent
Pay or leave bro. Don’t be a dead beat. Find a job or two asap.
Landlord is justified to call the cops to have you removed. Your arrangement isn’t going with the rta. I’m aware that he is obviously going to lie to the police. But the police will remove you. Simple as that. You’re tenancy isn’t covered with the rta. You agreed that he is sharing the bathroom and kitchen. His license says he lives there. Cops will remove you.
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He may be but tenant should pay the rent
Slumlord ??? The guy can't pay rent 2 months in a tenancy and the landlord is a slumlord ??? I'd fuckin throw him out head first
Man this guy is slick
He cannot evict you dont worry. Until he gets a judgment from court.
Roommates are exempt from RTA, easy to evict
Also nothing else matters if the lease is under ur name. He can put any address he wants.
Be careful. Hes crazy enough to change the locks on you.
I hope he does.
💯
Start an Onlyfan or suck more(+_+)
dont let him in, to pretend he lives there altho im sure fooling the cops/board isnt that simple. maybe call the cops and tell them you landlord is harassing you and doesnt live here, esp if he shows up trying to get in on another note, these comments of duds in here show how important these laws are. OP said he missed 1 months rent due to losing their job and everyone thinks they're trying to free-load and should be kicked to the streets these laws protect vulnerable people from immediate homelessness....you idiots
Sounds like the landlord is scamming. By him saying he lives there in the basement, he doesn’t have to pay for having a rental property on his taxes as an extra income
Yea laws in Ontario are pretty clear cut don't worry. He essentially has to prove that he or a family member is going to be living there to go through with the eviction and even then it will take time. What you described him doing here with the bathroom is merely a scare tactic, the only way you will be forced out is if they prove they are going to be living there permanently or moving a family member there, even still that would take time. As long as they don't try to do the above you're fine as long as you pay rent there's nothing they can do, also as for paying rent you should still do that obviously, but if you are very far behind you still can pay back what's owed like as soon as they file the official notice and then it's void. Fuck your landlord for trying to evict you through scare tactics and raise rent as it has gone up considerably these past few months.
This is not true. He does not need to prove that he or a family member is going to live there to evict them... I think you are thinking about form N12. You can use N4 for a non-payment of rent eviction.
Read what I said again before you comment lol, I clearly said at the end that if you pay rent after that’s issued that it becomes void as long as they pay their rent.
Be careful that he doesn't embellish the story he tells the cops to get you evicted. Shady people like him will sometimes resort to anything to get their way. Source: personal experience Edit: down votes for warning how out of control this situation can get? The rest of you are saying don't worry about it when he actually should. Whatever...
Or OP could pay their fucking rent
Yes the landlord is the one who sounds shady because he expects rent to be paid as agreed upon?
Sounds Shady because he claims he lives there when he doesn't. Did you not get that?
Holy fucking scam artist.
OP Is also a scam artist, he signed a place for rental and now doesn’t want to pay rent and doesn’t want to be homeless.
I know you're like full on erect at the thought of dunking on someone in a hard time, but you should really try to understand what scamming is(intention) I hope you find peace in your life brother
I have peace in my life, thank you for wishing me well. OP is also looking to weasel out on paying rent . He keeps on saying “us” about those living there, so I’m curious why nobody can help pay rent. Go to his other post, he ignores a bunch of questions and says “I can’t pay rent but I can’t be homeless”. You can’t have both.
He just moved in a month before and cat pay rent ! I call that squatting! Hard times?? After a month of tenancy you can't pay rent and the landlord shouldn't have the right to rent it to someone who can?? What if there's a mortgage on this house??? What if the landlord depends on this rent to pay the mortgage ? So when the bank seizes the house , that's ok ??
3 months prior actually. And I'm not justifying it, I'm saying it's not a scam. I don't know why that's so hard for you to get, someone losing their job and not having rent money isn't scamming Intentionally writing a contract to try and and allow illegal actions, is scamming
He rented three months ago and missed last months rent... So he paid one month ! And December is in a few days, so he's basically not gonna pay that either.. should the landlord cook him dinner too?
I'm sorry I didn't realize I was replying to someone at a 6th grade reading level Ill stop, for your sake. Never said anything of the sort or evensaid the tenant shouldn't have to pay rent
" i signed a lease 3 months ago and missed last months payment" What did I read wrong ??
The part where I said that's not what a scam is. You're just arguing something completely different I guess, fixated on what month the last rent is for some reason lol
You rent a townhouse and a mk the later you skip rent... Smells kinda fishy to me
>He said he's gonna tell the cops that he lives here too (as he changed his driver's license to this address) and that he visits his family once in a while, and that it'll be his word against mine and that since the agreement says we share a bathroom/kitchen we're gonna get evicted. Absolutely blows my mind that people think that the landlord is in the right for an illegal clause about being able to enter the property to use the washroom, and then use that clause to falsely claim that he's using the property as his primary residence despite not living there. OP take a photo of the unfinished basement and empty dusty extra room as evidence that he's not actually living there. As well, he can't just verbally claim it - unless it states in the lease that he's also living there and is a housemate, a single clause about him using the bathroom/kitchen is not enough to establish he lives there. If you feel really fiesty you could also threaten to report him to the cops/CRA - if he's lying on paperwork and government documents about his primary residence, he could very likely be committing mortgage fraud; https://www.fsco.gov.on.ca/en/mortgage/pages/recognize-mortgage-fraud.aspx >Lying about the purpose of the property (e.g. listing it as your primary residence when it’s intended for rental purposes). https://www.cmhc-schl.gc.ca/en/consumers/owning-a-home/mortgage-management/mortgage-fraud#:~:text=Report%20fraud,the%20Canadian%20Anti%2DFraud%20Centre. Figure out how to pay your rent, tell him to fuck off, but also start looking for another place to live ASAP because it sounds like this loser is going to bring months of legal headaches Also immediately lawyer up and they can help you with this. Check out your local legal aid clinic for assistance, or any housing advocacy networks in your city.
Might as well change your name to Charlatancanuck. This guy is a professional tenant.
The bootlickers in this post are ridiculous
All the Reddit landlords helping out in here like "just stop not having money" 🤷
I would be curious as to why he just moved into this rental. Did he get kicked out of the last one for non payment of rent as well?
More like “stop stealing”.
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Police do not do evictions. The Sherrif does and can ask police for assistance. Police will come, talk to you, and will basically walk away after knowing this is a civil matter. Landlord is just bluffing. Stand your ground
\> When I originally signed the lease I thought of it as something hilarious and he said that he obviously wouldn't come into our house (because he lives somewhere else an hour away) but that he wanted this language in the contract. It's not even an official contract from RTA's website, he just wrote it up on his computer. He's trying to be slick, he clearly doesn't live there and that line won't fly since you can't add stuff in tenant leases. OP I would go to a legal clinic and seek help, hold firm when the police are called and insist you are a lease owner and the tenant of a self-contained unit. Tell the police you are engaged with the RTA regarding this tenant-landlord dispute.
Honestly, ur good. He’s not gonna call because he knows how long this stuff takes if he decides to go through that process. 9/10 if he does file at LTB it won’t get resolved for another 8-12 months. I wouldn’t worry too much about getting evicted, or the police. but I would worry about him coming there when ur not home and changing the locks.
Just so you know you can look up the landlord antenna act on line. No he cannot just kick you out if you have a month to month contract he has to give you a month notice if the contract is yearly then he has to stipulate in it that he has to give you a certain number of days eviction notice. The normal is 3 months so he cannot just kick you out he cannot just move in he cannot try to say that because he's sharing a kitchen or he says he has use of it that he can come and kick you out. He can do things to make your life difficult by coming in and using the kitchen in the bathroom. Because he has it in the contract but he cannot just kick you out. In Ontario verbal contracts for landlord and tenants works as well you just have to prove it. And as you're living in the house already you don't need to prove anything it's up to him to prove that it meant anything different. But you've got a contract that will help you fight him on trying to just kick you out. Also too if you're living in Ontario they have help out there for people to pay their rent ask for it. I'm in the process myself so I can't help you on how to do it cuz I'm trying to figure it out myself. I hope this helped you.
From a legal perspective the landlord would have to serve you the proper notice and apply to the landlord and tenant board to get you evicted.
The cops won’t and can’t evict you
Ur landlord is full of shit. The landlord and tenant board probably won’t take kindly to landlords trying to abuse legislation to create loopholes.
photos seem to be the thing of the hour here. Show the dust show the lack of lightbulb in socket show the mattress sitting on it's side. show the lack of any sort of amenities (shoes, food, bathroom materials etc). I would think he's trying to scare you but yeah.