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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2438
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Can i rent my house even if my daugthers name is XXXXX XXXXX the

Resolved Question:

Can i rent my house even if my daugthers name is XXXXX XXXXX the title
without her permssion . her nane eas put on the titlte as a covenous
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.
Thank you for your question.

Do you live in the house? Is there anyone else on title?

Ulysses
Customer: replied 1 year ago.

No

Customer: replied 1 year ago.

The house is vacant There is no one else on the


title

Customer: replied 1 year ago.

my name is XXXXX XXXXX title

Expert:  Ulysses101 replied 1 year ago.
If you're not on title to the home, how can you rent it out?

I realize that this is the question you're asking me. You cannot enter a contract with someone to rent a home when the home isn't yours.

That's what the law says. Reality is a different story. I you know the person you want to rent to, you could tell them that they can move in and pay rent to you.

But if you want to evict that person and they won't leave, it's your daughter who has to apply to the sheriff for the eviction order.

When the tenants want receipts for rent paid, you could sign them. But then you need to get receipts from your daughter that she's renting the home to you for the same amount of money, so that you're subletting to your tenants. And your daughter will need to claim that money as rental income. If you don't then everyone will get an audit from Canada Revenue Agency, because the tenants claim credits for rent paid but your daughter claims no income from it.

I think you see my point. There's nothing stopping you from telling someone to move into the home and give you money. But there's more to it than that.

This might not be the answer you wanted to hear, but it's the answer you need to hear. Don't shoot the messenger. If you wish to discuss this, please reply. If you're satisfied that I have answered you then I ask you to give the service a positive rating so that I get credit for having helped you.

Ulysses
Customer: replied 1 year ago.

my name is XXXXX XXXXX what now

Expert:  Ulysses101 replied 1 year ago.
You said that it wasn't, didn't you?

If your name is XXXXX XXXXX then that's a different story. Yes, you can rent out the home and issue receipts. But you may have to split the rent with your daughter. It depends on the exact nature of the house's title. Your accountant is in the best position to advise you about the tax consequences.

I assume that your daughter is okay with you renting the home out.

Ulysses
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2438
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Ulysses101 and 3 other Canada Law Specialists are ready to help you

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