Good morning, I have a legal apartment in my home. i advertise…

Question

Good morning, I have a legal apartment in my home. i advertise and rent it under
short term furnished rentals. Rental includes everything down to towels, sheets,
utilites..just like a hotel.The agreement price is stated in the ad and on the "
agreement " in per day cost . Tenants may continue the rental onwards but I ask
30 days notice when they have indicated a 2-4 month stay. I do not have to
charge HST as the rent is less than $30K. 1.Does this fall under reg landloard
tenant" act?
I state there is " available parking..tandum in my driveway (street parking may
be full etc.)with keys left in comman hall.
2.Am I correct to use the word "available" as my tenant s feel this is their
designated spot and if they get a parking ticket i must pay? They have been
blocking me in numerous times which is very stressfull as well.
3. Last week I had extensive water damage from drains etc. I repaired exterior
within 72 hours and now I am focused on my insurance and cleaning up the
interior of the apartment. This is going to require, a lengthy repair, including
drying out the area, removing carpet, treating for molds, and redoing basebords
, painting and new flooring.
i would like to remove my tenants ASAP. in fairness they should not be in the
apartment under these conditions.
3.Do I find them alternative situation immediately and give may I give them
notice of 30 days?
Thank you in advance for your help and direction.
Eleanor

Debra · Accepted Answer

Debra Thal (username) :

Is this a separate accommodation or do they share your kitchen and bathroom ?

Customer:

Hello Debra,

Customer:

This is afully seperate legal apartment ( city of Toronto) but in the same
bulding which is my house.

Customer:

They have their own separate entrance, kitchen, bathroom, bedroom, and open area
living room and kitchen.

Debra Thal (username) :

Then this would be covered by the landlord tenant act unless it's a vacation
rental which it is not.

Debra Thal (username) :

But to confirm there are three things you can do.

Debra Thal (username) :

You can call the Landlord Tenant Board.

Debra Thal (username) :

Here is a link to their contact information:

http://www.ltb.gov.on.ca/en/About_Us/STEL02_111278.html
[http://www.ltb.gov.on.ca/en/About_Us/STEL02_111278.html]

Debra Thal (username) :

You can also call:

http://www.landlordselfhelp.com/frontpage.asp
[http://www.landlordselfhelp.com/frontpage.asp]

Debra Thal (username) :

Or you can contact the Law Society and use their Lawyer Referral Service. You
will be given the name of a lawyer and can consult with the lawyer and the first
half hour will be free.

The number is:

416-947-3330 (within the GTA)

Debra Thal (username) :

You are not responsible for their parking tickets. \

Debra Thal (username) :

It will be a problem removing them.

Customer:

Thankyou, yes i called that number and was in the site. It is a pre-recorded
answer only.Can you address the issue of the wording for the parking. it states"
parking is available in the driveway parking tandum. keys MUST be left in the
common hallway.

Debra Thal (username) :

Unless you are doing renovations that will require them to be out then you
cannot evict them.

Debra Thal (username) :

I answered about the parking. You didn't designate a spot.\

Debra Thal (username) :

If you call during business hours you can get a person. I have used these
numbers myself from time to time.

Customer:

Is tearing out entire carpeting, mold treatment and, painting, and relaying
flooring good enough!

Customer:

If this is enough renovation do i still give them 30 days notice?

Debra Thal (username) :

I don't think you can get them out for these repairs and 30 days is not enough I
don't think.

Debra Thal (username) :

Hold on and let me check.

Debra Thal (username) :

This is the wording:

do extensive repairs or renovations that require a building permit and vacant
possession of the unit

Customer:

I wrote in their agreement that either party landlord or tenant can give 30 days
notice to vacate, which they signed.

Debra Thal (username) :

It's 120 days notice.

Debra Thal (username) :

Here is the notice that you would need:

Debra Thal (username) :

http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/@ltb/@forms/documents/form/stel02_111576.pdf
[http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/@ltb/@forms/documents/form/stel02_111576.pdf]

Customer:

So if I can't remove them , they would be inconvienced ..would I have to
compensate them.Sorry but they are the most difficult of ctenants and argue
everything.

Debra Thal (username) :

You would likely have to compensate them.

Debra Thal (username) :

I understand.

Customer:

Also there could be health hazards to them if there is mold also putting me in
difficulties.

Debra Thal (username) :

How often do they block you?

Debra Thal (username) :

And would you say this results in your not being able to live in quiet enjoyment
of your home?

Debra Thal (username) :

Unfortunately it's your duty to repair the premises and make sure there is no
mould.

Customer:

The other side of the coin is to wait and do the repairs after they leave in
Sept as I am drying out the apartment now. I just want to be mindful of health
issues for them. They are miserable andno matter what we agree they are always
doing something else becasue they have a sense of self right. And they text,
call and email about thing constantly.

Customer:

Sory debra, but they are a couple both in law school...:)

Customer:

Yes , they do make my living arrangement unpleasant. Especially the parking as
they block the driveway everyday!!

Customer:

Could I offer them different short term arrangements instead as this way they
not experience discomfort during the repairs and reno's?

Debra Thal (username) :

You can offer them that for sure.

Debra Thal (username) :

That is so funny that they are in law school.

Debra Thal (username) :

It's a good lesson for you!!

Debra Thal (username) :

If they are disrupting your quiet enjoyment or breaches the rules this may be
grounds for eviction.

Debra Thal (username) :

I would discuss this with an information officer at the Board.

Debra Thal (username) :

You can for sure get a person now.

Debra Thal (username) :

Don't choose the automated service.\

Debra Thal (username) :

Just get a person.

Customer:

Now I am laughing becasue you are you correct..everything is a lesson, and I
will never offer any help with parking again. When i rented the boyfriend asured
me he was going to work with his car everyday so the parking was only nesessary
if needed for over night. but he changed his mind and decieded not to take the
job and take the subway instead leaving his car everyday in my driveway and
often forgetting the keys. Life is not easy..this is a very nice luxury
apartment with flat screen tv, wireless internet and they have their own BBQ in
the yard...LOL

Customer:

Thank you so much! I will call now.Kind regards

Debra Thal (username) :

You are very welcome.

Debra Thal (username) :

Rent to med students next time!

Customer:

OKAY!!!!! now seriously LOL

Debra Thal (username) :

Me too!

Debra Thal (username) :

If we are done please click accept.

This authorizes the site to release my portion of what you paid them to me.

Good morning, I have a legal apartment in my home. i advertise…

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