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I own my home. I currently have someone who is renting a room

in my house (that i...
I own my home. I currently have someone who is renting a room in my house (that i also live in). They have been here since July and i am coming to the conclusion that this person is not actually mentally stable. She has agreed to leave Jan 15 (she was supposed to leave Oct 15 and has been making excuses extending the deadline a few weeks each time the deadline approaches). We have signed a piece of paper saying she will be out Jan 15. There is no tenant agreement or lease agreement as she was an acquaintance that i knew. She has threatened to sue me if i try and make her leave sooner than Jan 15. My question is - does she have any legal standing when i no longer feel safe having this person under the same roof as me and it's my house.
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Answered in 3 minutes by:
12/16/2012
nyclawyer
Category: Canada Law
Satisfied Customers: 59,040
Verified
Hello and thank you for the question. I am sorry to read of this dilemma.
You are free to end the tenancy as there is no lease. You need to give 30 day written notice. There is no cure or defense when such notice is given. Practically you may get him to leave earlier by offering an incentive such as help with moving expenses. Good luck. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
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Customer reply replied 5 years ago


Thanks. Yes - that 30 day notice was done today, however, if her mental stability continues to degrade and i don't feel safe in my own home is there any legal recourse for me to have this woman removed? I actually have emails from her to prove what i'm having to deal with every day.

Customer reply replied 5 years ago


Sorry - just to clarify - i'm asking about my legal rights to have her removed sooner than the 30 day notice.

You could seek a restraining order from the police. That would have effect of compelling earlier departure.
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Customer reply replied 5 years ago


Ok. What criteria are required for a restraining order in ontario? Do i have any other legal options or is this the only one?


 


thx, c

I need to send you to our Canada law section.
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Customer reply replied 5 years ago


Will this cost more money to get an answer from a different section?

Will not. No charge yet.
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Customer reply replied 5 years ago

Ok.

Customer reply replied 5 years ago


Sorry but are you fowarding my question or do i have to re-pose it in a different section?

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,610
Experience: Lawyer
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I am a Canada law expert and your question just appeared on our list.

In Ontario as this is a shared accommodation you and your tenant are not covered by the Residential Tenancies Act and as such you can require the tenant to leave when you like though a Court would likely require reasonable notice.

If you feel you are in danger you can tell her to get out now.

If she does not listen you can call the police and seek to have them remove her. If they understand this is a shared accommodation they may very well assist you even if the do not charge her.

But if she is threatening you in some way then they can charge her and she would then be placed under a restraining order.

Let me know if you need further clarification.
Debra
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