HiMy father was renting an apartment until recently, he's been in the hospital since Dec 24thand has been deemed not capable to live alone.My problem is that the landlord is asking for payment of February, my father paid first and last month, also the landlord wants his contents removed from the apartment altough I've told him that he can throw everthing out, he wants his kids to pay for a box to remove allcontentsPlease tell me what my father's rights areThanks
State/Country relating to question: Canada
What province is the apartment located in?
Ontario, city of Toronto
So, in order to evict the tenant, the landlord needs to comply with the provisions of the residential tenancies act
This means that he must serve your father with a Notice to Terminate a Tenancy for non-payment of rent
He cannot just use self-help remedies and remove everything.
Is your father on a lease?
Or is he month to month?
I assume he has signed a lease if he has paide first and last.
If this is the case, he cannot terminate the lease early without a valid reason prescribed under the legislation.
As a practical matter, the landlord usually just obtains an order for eviction when there is non-payment
Your father is in fact obligated to give up vacant possession of the premises.
This means removing all of his goods from the premises.
If he does not, the landlord can do this and then pursue your father for the costs of removing.
The website for the Landlord and Tenant Board in Ontario is :
There are all sorts of excellent resources there that can answer any other questions you may have about residential tenancies in Ontario.
Hope this helps
My father is on lease, this isn't about eviction this is about father who is 83, we have a letter from his doctor @ the hospital stating that he can no longer live alone, he needs long term care for which he's applied, my father is unable to remove anything and does not have a good relationship with any of his kids, also he does not have the financial means because he has to pay the hospital to stay there until a nursing home is found for him
This is a difficult position for your father.
I am sorry for that.
Unfortunately, from the point of view of the landlord, if he is not agreeable to cooperating , the law is as I have stated.
If your father refuses to take any action
The landlord can proceed to obtain his eviction order and dispose of all items himself.
He then has the option to sue your father for the costs of this, if he so chooses.
Given his situation, it may be that the landlord removes the goods and disposes of them and never does take any action to recover for his costs.
But it is within his rights to do so.
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