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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100034
Experience:  Lawyer
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I have mistakenly let my cousin share my apartment He is

Customer Question

HI I have mistakenly let my cousin share my apartment He is abusive when confronted in any way (i.e. Late rent). I believe he is mentally ill (he abuses anyone in our family when confronted in any way, he has lost a lot of $$ repeatedly). My other cousin tried to convince his brother to seek help for his problems but this turned into a 'what !!!!??'you saying I'm crazy ??!!) type of response.
At any rate I have let him live with me but this has become an uncomfortable situation to say the least. He missed rent payments for months on end (2-3 months). I have tried to get him to leave and provided notice (he's my family so I felt I had to give notice). What my cousin did was not acknowledge he was leaving and he paid the back rent and didn't leave. I have MS and am 62 years old. With MS you don't want any extra stress that could be avoided. I don't know what to do and at best I'm not the type of person who stands up for himself.
I live in an apartment in Toronto, Ontario.
Can you help me ?
Thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

So he is not on the lease, correct?

Rather he is subletting from you and you are sharing a kitchen?

Do you have some agreement with him (lease or verbal) that says he can live in the apartment for some fixed time period?

Customer: replied 1 year ago.
No lease. We have a verbal agreement but it wasn't set for a specific length of time.Not to be forgotten is his confrontational response to anything. I'm chicken lol. I mean it's all very well to call cops to assist but what other options do I have ? I'm really not sure how to proceed and wish I had never done thisThanks
Expert:  Debra replied 1 year ago.

You missed one of my other questions.

Rather he is subletting from you and you are sharing a kitchen?

Customer: replied 1 year ago.
I don't know about him sub letting. I have a lease for the apartment. He doesn't
Expert:  Debra replied 1 year ago.

I still need to know if you share a kitchen. It is very important to me that I get all the facts. I'm not sure why you keep missing the questions but I have to know if this is a shared accommodation or not. The law is very different if this is a shared accommodation where you share either a bathroom or kitchen and a separate unit. I need to understand what the living arrangements are. So do you share a kitchen or does he have a separate units altogether?

Customer: replied 1 year ago.
we share a kitchen and a bathroom. He sleeps in the bedroom part of the 1 bedroom apartment. I sleep in the living room.
Expert:  Debra replied 1 year ago.

Great. That is exactly what I needed to know.

This means you are not covered by the Residential Tenancies Act and as you did not enter into a fixed term tenancy agreement you can evict him at any time, even if he does not owe any rent, so long as you are not evicting him for a month he already paid you for.

If he refuses to leave you can see if the police will help you. When they see he is sharing your same unit they should agree to do so and may.

If they do not you can have a lawyer send him a letter threatening a lawsuit and if necessary you will have to get an order to evict him. The letter from the lawyer will tell him that you will also be seeking an order for your costs and that will likely scare him into leaving as he doesn't want to get stuck having to pay our legal fees.

I hope that helps as a starting point. Let me know if you need any further clarification.

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