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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Hello. I am the owner of a condo unit in Toronto and I wish

Resolved Question:

Hello. I am the owner of a condo unit in Toronto and I wish to have a roommate removed from my unit. My roommate and I live in the same unit and share bathroom and kitchen. I've given her a verbal notice of when she has to move out but things between us has gotten so hostile that I want her out as soon as possible so I can get a new tenant in. I'm going to Europe next month on a year long vacation and I want this issue resolved as soon as possible. I understand that under the RTA she is not by law covered and protected, which means legally as the owner I can have her locked out or evicted without notice if she does not pay rent.

I'm even considering locking her out with her stuff locked in until she pays me an acceptable amount. I want her out asap and she needs to be taught a lesson on paying what she owes.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal 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.

But, 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.

She is not covered by the Residential Tenancies Act but just any tenancy agreement you have with her.

If she owes you rent you can have her leave at once.

If you change the locks you are not acting unlawfully though sometimes the police seem to be confused on that issue.

She is no longer welcome in your home so she is trespassing.

You don't have the legal right to keep her belongings.

You have the right to sue her for what she owes you and then once you get a Judgment you can seek to enforce it by garnishing her wages, have her assets seized and sold etc. but cannot do that without a judgment.

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85928
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you Debra, my main issue is with keeping her stuff when I lock her out.


 


When I lock her out, how many days does she have to retrieve her belongings before I can throw away/sell/keep it.


 


I think the RTA says 72 hours but because the RTA is exempt in this situation, I don't know if this situation still applies.

Expert:  Legal Ease replied 10 months ago.
It doesn't not apply.

You can give her a notice and give her a reasonable deadline for removing the items.

Given you are going away for a year it's clear she needs to get the stuff out soon so the notice does not have to be that long.

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