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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86290
Experience:  Lawyer
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A friend has been renting my home since Sept 2012. No lease,

Customer Question

A friend has been renting my home since Sept 2012. No lease, only verbal agreement. March 9 I told her she needed to buy it or move out June 30. She agreed. She was unable to buy. Through texts I have her agreeing to move on the said date. 2 days ago she told me sorry not leaving. I downloaded and filled out a 30 day eviction notice which was witnessed by police who accompanied me to hand deliver it today. It gives her until July 31. She is demanding 60 days. The police told me I didnt even have to give her a 30 day notice, that it was a courtesy on my behalf. As there is no lease I am not sure what to do or who to believe. Can you please help me?
Thank you. Sue Downes
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Does she share this home with you or is she living there alone?
Customer: replied 1 year ago.


She lives there alone with her 2 children. She pays $1100/mth but has not paid since march. She is on ontario works and CAS is involved. The police have been called on her a few times that I know of and one of her 3 kids live with her mom. I was there May 19 and the house was being well taken care of. I am in vineland ON the house in question is in Mactier. She knew in Sept that it was only for the summer as I am hoping to list it.

Expert:  Legal Ease replied 1 year ago.
I am sorry to hear of this very difficult situation.

The police are entirely incorrect though.

It's not relevant that she has a verbal tenancy agreement.

She is indeed covered by the Residential Tenancies Act.

However, you have grounds for evicting now.

Firstly, she agreed to end the tenancy and for that reason she must leave.

As well, she can be evicted once rent is 10 days late.

However, if she will not leave then you will need to obtain an order from the Landlord Tenant Board.

Then the sheriff will evict her.

I suggest calling them on Monday and asking how quickly you can get a hearing. Be sure to tell them that she has no paid rent since March, agreed to go but now refuses.

Here is the number to call Tuesday morning:

416-645-8080 from within the Toronto calling area, or toll-free at 1-888-332-3234 from outside Toronto.

Let me know if you need any further clarification.
Customer: replied 1 year ago.

a few more questions if you don't mind. Just so I seem somewhat prepared Tuesday when I call


Was it alright to use the 30 day landlord to tenant eviction notice?


 


Will the texts we have be usable as proof? I have her agreeing back in March to leave at the end of June.


 


Do you think she will actually want to go to court with all of her other issues with the police etc. or does one not affect the other?


 


Lastly, would it be totally inhumane of me to call Ontrio works and tell them she works under the table and CAS and tell them she smokes weed in front of her kids? I feel the need to retaliate as she has been texting me saying she was moving then pulled this on me.

Expert:  Legal Ease replied 1 year ago.
If you were wanting the house for yourself 60 days is right.

If you want it for a new owner then the new owner has to buy first and then let you know she is using the home for herself.

But you have other grounds.

You do not need to wait 30 days if she has agreed to go.

And you do not have to wait 30 days if she is late with rent.

So you are being over generous.

The police issues have nothing to do with this.

But you already have grounds.

I cannot really say what is humane or not.

That would be your call I think.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86290
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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