What are my legal rights and obligations to my roommate that I want to evict? She is dirty and does not take care of herself. I am afraid that if I give her notice she will do bad things when I go out. What’s the minimum notice I can give her?
This type of situation does not fall under the Residential Tenancies Act because you are not considered a landlord. You are the head tenant and the person you are renting to is a roommate not a tenant. Generally, this is better for you because you are not bound by the landlord and tenant rules. However, we suggest obtaining legal advice on this issue from a lawyer or paralegal. We can only provide advice to landlords/property owners. Call the Law Society Referral Service at 1-800-268-8326, they will provide you with the name and phone number of a lawyer or paralegal that deals with this issue, and you’re entitled to receive up to 30 minutes of free consultation.
I have a tenant who has been having trouble paying the rent and she has decided to take in a boarder. What are the legal implications of this kind of arrangement?
It is not unlawful for a tenant to take in a boarder or roommate to help pay for the rent. The landlord cannot stop a tenant from doing this. Of course, if you obtain an eviction order against the tenant, everyone living there will be evicted as well.
I have a tenant that has turned their 1 bedroom apt into a makeshift 2 bedroom apt. They boarded up the kitchen doorway and put a curtain across the living room area to create privacy. I believe this is dangerous. What can I do about this?
We can’t really tell you for certain if what they have done is contrary to property standards, you may have to check with the municipality’s property standards department about this. If it’s in contravention of any by-laws and/or they have caused damage to the property then you would be within your rights to issue a notice (Form N5) to have them correct the problem.
I have a prospective tenant who would share the space with someone. What controls (if any) do I have over who moves in and can I require the second person to complete an application and sign the lease?
You do not have control over who comes in after the tenancy commences, as those people would be the tenant’s guests and therefore, the tenant’s problem. If the tenant ends up not pay the whole rent or her guests/roommates cause problems like noise or damage, you would simply begin the eviction procedure against the tenant and try to prove your case at the Landlord and Tenant Board.