My tenant from hell.

[lewd]

Well okay, not quite....but he's only been here for a month and he wants out.
Using an excuse that he is ill and allergic to dust and mould in the house.

Don't know how he knows this....no sign of mould and I just had the ducts cleaned too.
Perhaps it's just an excuse to get back his last month's rent. What do you think? Technically, I do not have to give it back..should I give it back?...I'm out a month if I do.

 

[Cardinal Fang]

Did he sign a lease?

 

[lewd]

Yep. A month to month lease which means he needs to give me 60 days.
I'm just concerned he's going to try and go after me with the Housing Tribunal saying the house was unfit.

That's bogus. Never had a problem in the past 7 years with mites or mould.

 

[papasmerf]

tell him you will refund it, if he can produce a statement from a reconized medical expert, that your property alone, caused allergies.

even offer to pay for it IF you can cross-examine the physian and the statement is not biased by family or friend giving it.

 

[lewd]

And that's my point. How do we know it's an allergic reaction from my home. If it were so easy, everyone would be using this excuse to get out of a lease.

It is after all the autumn season, when allergies occur. Even if a medical practitioner says she is allergic to dust mites, there needs to be proof that they reside in my home.

 

[papasmerf]

hold him to the 60 day notice

rentals are a bussiness and has some risk

Tenants being just one of those risks

 

[TheNiteHwk]

Tell him to get lost...

He has to abide by the 60 days notice. That is the law. If he wants to move and get his money then he must find someone (That you approve of) to take his place so that you are not out any coin at all. If he finds someone then that someone pays you 1st & last and you give him his money. And I doubt he will have a leg to stand on as far as proving that he is allergic to your house. Even if he did have a chance what are the chances that he will go to court to prove it? That costs time and money not to mention energy and lots of headaches. Most people that threaten court (if he did) never follow through cause all the effort they have to do is not worth it.

 

[Geminixoxo]

papasmerf is right on the money....whether it's a month to month or yearly lease he is obligated to give 60 days. If this matter is before ORHT than the onus is on him to prove that he is allergic to your house. The most the tribunal could do is refund part of his rent nothing more. So stand your ground 60 days notice and if he tries to leave apply to the ORHT for a "money only" L1 - no termination, no non payment is served. so you can recover any lost rent.

 

[lewd]

You guys are a great source of help.

Hey Geminixoxo, should I get him to sign a N9 form? Basically a form that is a request for termination by the tenant.

This is unlike the N11 form which both parties agree to terminate the lease and I lose the right to any last months rent.

 

[mtl_guy]

Try and negotiate a deal thats good for both of you.

Is it worth your time, effort and headache to fight this guy? Even if you are in the right.

Get enough to run an ad for a week from his rent and refund the rest.

Worst case is that there is actually mold in your house. And instead of moving out he decides to stay and forces you to bring the house up to par which could cost you way more than a months rent.

 

[KBear]

Lewd, you said he is here in the house, does that mean he is renting the basement, or a room in the house. Depending on the situation the Tenant Protection Act may not apply, and this would fall under a different act, like the Inkeepers Act (not sure). The notice times would also be different. Much depends on the situation, are you sharing the kitchen, bathroom, etc. If the rental not legal then you may be best to settle as best as you can and let the person go without too much fuss, as they could cause you a huge amount of grief if they wanted.

 

[TheNiteHwk]

Lewd, you said he is here in the house, does that mean he is renting the basement, or a room in the house. Depending on the situation the Tenant Protection Act may not apply, and this would fall under a different act, like the Inkeepers Act (not sure). The notice times would also be different. Much depends on the situation, are you sharing the kitchen, bathroom, etc. If the rental not legal then you may be best to settle as best as you can and let the person go without too much fuss, as they could cause you a huge amount of grief if they wanted.

In this situation then you have even more power to get rid of them. If they are renting a section of the house and not a sperate suite that is considered an apartment then it is even easier to get rid of them.

 

[Mr. K]

Here's some links...

lewd,

KBear is correct. If it is a 'shared accomodation' then the Tenant's Protection Act does NOT apply.

Here are a few links that may help:

Renting in Ontario

Tenant Protection Act

Landlord Self-Help

Good luck!

 

[clipper]

While you may be in the right, do not under any circumstances get yourself caught in the "Tenant Protection Act".

If you want a real eye-opener go to one of their tribunals. It's
unbelievable what tenants can get away with. If your tenant
files a complaint and your property is inspected you had better hope that EVERY item is up to the LATEST code standard.

Did you know that you cannot have ANY two wire outlets in a rented space. If you do they all have to be equipped with a GFI.
Unless the space you are renting out has been recently renovated, it's likely you have some code violations.
My advice, get a good tenant and keep them, or don't rent at all.

 

[shinjitsu]

Better beware. Is it worth the trouble of possible tribunals, small claims court and upgrades due to violations of the safety code? How much are you talking about for 2 months rent? A tenant who doesn't want to be there can be a pest and even damaging. Sometimes, no tenant is better than a bad tenant