I had a couple questions for you regarding the situation I am in.My roommate moved in mid November and though she did sign a sublet agreement she never asked for a copy and I am fairly certain I misplaced mine. Or am I now considered free of the lease because my housemate terminated the lease and if I want to stay on, I must sign a new lease agreement?Thanks so much, Hi: I think it is clear from your comment that there is only one lease for your apartment and not multiple leases (i.e. 2 of the tenants have asked me to evict the 3rd. How To Meet With Your Landlord Tenant Attorney, Top 5 Things To Look For In A Landlord Tenant Attorney. While helping them find a new roommate I presume the two paid the entire rent? Of course, evidence and proof will matter. It`s only been two months since school started and this girl seems to be trying to control everything in the apartment instead of reasoning with the other girls. Hi Michael,On August 1st I moved into a two bedroom apt in a house with someone (I’ll call him John here) who has been living there for over a year. lounge room) so I do not have access and earlier this month came into my room and moved things around and even took (stole!) The landlord then needs to file an application to terminate and evict within 60 days of your roommate becoming overloading failing which the RTA will deem the lease assigned to him (and if he has a roommate to the roommate as well). Then, after the effective date of the N9 your roommate becomes (again in my opinion) an overloading tenant and under the RTA an unauthorized occupant. Here I thought I'd heard it all and I have the pleasure of reading what you've written. I believe I am in situation 3.I have two other flatmates and part of the "rules" of the house is to split the utility bill 3 ways.

A's assumption of the rent, to buy peace, should not be interpreted as a legal obligation to pay the rent. Whether or not the unit is exempt largely turns on the age of the rental unit---i.e. The roommates approached the offending individual who assured them this was being taken care of. For example, you might wish to forgo a traditional phone line and only use your individual cell phones. That lease should recognize that the premises are being rented to your daughter alone and that at the time of execution (signing) of the lease that the landlord's child is not a roommate or a co-tenant and that while the tenant may choose to share the premises with the landlord's child in the future, the tenant is not required to do so and that any such agreement to share with the landlord's child is yet to be concluded and agreed upon. "You can see from the definition of the term tenant that it is broadly defined and not exhaustive. The indefinite nature of the residential lease, the security of tenure concept, and the inability to contract contrary to the RTA (s. 4 RTA) makes the whole traditional property law analysis of such leases cumbersome and invariably leads to serious injustice with slightly different facts or circumstances. I moved In with a girl that was already living there, but signed a rental agreement which stated I am a co-tennant, and I pay rent directly to the rental agency. And also I emailed them soft copies of the Notice. There is also a basement unit with a separate tenant.

You and your roommate control one tenancy and hence you can't divide it up. When a 3rd roommate was needed, I strongly encouraged the two to find one but in the end I found one for them as the two were not giving a good effort. The landlord could try to terminate and evict you under section 100 (unauthorized occupant), which I don't see as being successful but it would certainly bring to a head the problem you describe and perhaps the LTB would fashion a proper remedy or describe what happens to a tenancy when one of multiple co-tenants vacates and leaves the other co-tenant behind.Lastly, your circumstances are not that unusual. He obviously has chosen not to - so technically I am still active on the lease. All of the girls are sharing a kitchen and/or bathroom with each other. Hi MichaelMy son and his roommates find themselves in a spot of trouble in St Catherines. If you have that confirmed it pretty much solves your dilemma--especially if you can prove that she told you this. I like the logic of this but it would require a co-tenant to serve you with an N9 (Notice of Termination). Do you think this is reasonable?

The landlord in providing written documentation confirming the guy is a tenant is making your life difficult. When your co-tenant/roommate leaves you have a few options. It took over a week for her to do so. Hi Amber: An interesting set of facts and I think it is possible for there to be multiple competing answers to your questions (that unfortunately are inconsistent with each other). if (id) { Whether doing this stands the test of severing joint tenancies, creation of a tenancy in common--I'm not really sure--but again, I'm not entirely sure that the tenants in common and joint tenant analysis of guideline 21 is in fact accurate or applicable. residential landlord and tenant law). Eviction in this context can be difficult for the Sheriff to enforce if the rental unit is not clearly identified.Whether you have inadvertently created a rooming house is a question of fact. If she takes me to court if I don't pay her that money what is your opinion on what would occur? If the tenancy did not terminate then the rent increase MIGHT not be legal.

My father was obe of the last Q.C's in the province. This person is already confirmed and has already given notice in their own apartment. Also, if your roommate leaves without giving notice, you may be responsible for the whole lease. The new person, may simply be a roommate or may be characterized as an under-tenant (or under-tenancy over which the RTA has no jurisdiction). The best we have is a reference to the tenant: "transfers occupancy" of the rental unit in the unauthorized section of the RTA (s. 100). The ongoing costs until you managed to do that should be shared by him. If you can pack the room for her then do so, but video the whole thing first. Absent a written agreement, I think a Court would look at this situation in the specific context of the facts. It strikes me as odd that the roommate managed to not show up at the hearing and not have his case dismissed.Good luckMichael K. E. Thiele.

Hello, Michael. I guess my confusion centres around them giving me notice. Hi: What a very interesting life you lead. She cannot continue in this situation. All of these lead to a certain level of conflict of course and there is always a risk that this roommate becomes unhinged. The application and complaints process under the RTA will not apply---no clear recourse for non-repair issues, harassment issues, or denial of quiet enjoyment.If the RTA does not apply then the entire relationship will be governed by contract. For additional defences and given that you're out of the country for the most part, consider finding a local law firm--that might let you use an articling student to defend you.

He signed a responsibility letter quite some time ago, but he is afraid that she can return to the unit and force him out or destroy his belongings (as she had done prior to moving out). Would this be okay? And after the new roommate came in they split the rent three ways?

A sub-let requires the tenant to move out.There isn't much else about boarders/roommates in the RTA.

Hi: Not all "renting" relationships are governed by the Residential Tenancies Act. My daughter, Sandy needed to get an apartment in London, Ontario so that she could attend a PSW course in college. There were no written agreements between the two of them. Once the RTA rights attach it is arguable, and supported by some caselaw, that the RTA protected tenancy can not be displaced by the landlord moving into the building (or in this case the tenant taking in the landlord's child as a roommate).

Thank you Michael, very much appreciated your input.

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