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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a subtenant wishing to move out before the date

Customer Question

I have a subtenant wishing to move out before the date signed on the agreement and is refusing to pay future rent due to him moving out
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

I am sorry to hear this.

Are you sharing a kitchen or bathroom with him?

What province is this please?

Customer: replied 10 months ago.
This is in Ontario and I don't live there. I am the original tenant and he is subletting my place. He does share both of those with other tenants however. I really need to find a way to cover this because I cannot afford two rents. I am fine looking for someone but he refuses to pay because he says it's my lease and not his. But that's why we signed the agreement
Customer: replied 10 months ago.
He says he's not bound to pay even though he signed the agreement for 4 months and refuses to pay the other three. I know he is liable and have told him, but he doesn't listen to me.
Customer: replied 10 months ago.
How can I make him pay for it and see that he really is liable?
Expert:  Legal Ease replied 10 months ago.

He is not correct.

And you are his landlord.

So he is liable to you even though you are liable to your landlord.

And you can most assuredly sue him in Small Claims Court for what he owes you and self-represent.

As your next step you should send him a letter by Registered Mail demanding the rent payments by a deadline that you set and tell him that if he fails to comply you will commence legal proceedings and will then be seeking interest and your costs.

If you end up having to sue him then you can post on this site again if you find you need some help and I can assist you further.

Customer: replied 10 months ago.
Can I personally deliver the letter? Or does it have to be by mail?
Expert:  Legal Ease replied 10 months ago.

You can personally deliver the letter. It is not necessary to use Registered Mail but that tends on scaring the recipient as it appears more official.

Customer: replied 10 months ago.
How do I begin a small courts claim? Does this cost money? Can you talk me through it quick? I seriously doubt he is going to pay he isn't budging.
Expert:  Legal Ease replied 10 months ago.

Here is a link to the website that has all the information that you need. You'll find guides, forms, explanations about the process and information about the fees:

http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/

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