My husband and I separated. We own a house which is under joint names and is rented to 3 tenants. I need the home because it’s close to my school. I’ve been the active landlord, but he has overturned the tenants’ notices. What are my options?

We can only touch very briefly on what your rights are as a landlord, because until or unless the family law aspect of your situation has been clarified—presumably by a family court judge—the rights available to you as a landlord under the Residential Tenancies Act, contract law, etc. are available and relevant to both co-landlords. To get a better idea of how to bring the matter before the courts and what position to take if action is initiated by either party, we suggest that you speak to a family law lawyer. You can contact the Law Society Referral Service, where you will be referred to a paralegal or a lawyer who will provide you with a free 30 minute consultation. Their website is www.findlegalhelp.ca. You could raise this as a preliminary issue at the beginning of your hearing if you file an L2 application to follow up on your N12 notice(s). Please note if there are multiple units, then you must file an L2 application for each unit.  It is not the role of the LTB to determine Landlord/Landlord disputes. I am not sure how much further we can comment on your situation, given that our role is to give summary advice to landlords who have difficulties with their tenants. Your tenants are caught in the middle of a landlord/landlord family law dispute, and are probably not too worried for the time being because the conflict is working in their favour.

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