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I have a lodger who moved in last week. He is on ODSP and…

I have a lodger...

I have a lodger who moved in last week. He is on ODSP and has not yet paid rent for January. It has also been witness that he is crushing pills and snorting the residue up his nose. I want him out immediately.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ontario

Lawyer's Assistant: Has anything been filed or reported?

I have left a v-mail message with Hastings County Housing and spoke to someone at ODSP. ODSP informed me to handle as an eviction.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have two tenants. One was witness to the snorting. He has also complained that the "problem" has been eating his food and drinking his milk

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Answered in 2 hours by:
1/17/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,101
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Is he sharing a kitchen and bathroom with you?

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Customer reply replied 7 months ago
He rents a room. He has access to a microwave, kettle, shared fridge/freezer. In order to "cook" a meal he needs to use my stove. He has to share the bathroom.
Customer reply replied 7 months ago
I own a 5 bedroom home. Two of those bedrooms are in basement. Both are rented. My "office" is also downstairs and I use the bathroom there when I am working.Both tenants share the bathroom.

This tenant is not covered by the Residential Tenancies Act because they share your accommodations.

The guy has not paid rent for January. He has no legal right to remain. As soon as you tell him to go he must. To do otherwise is trespass.

Sometimes the police do not understand the law but if you get one that does they will assist you in removing him.

You can also change the lock but again some police don't understand. They often think you need an eviction order because they don't seem to be able to grasp the difference between a tenant covered by the Act and one that is not.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
I have spoken to him and explained that he must leave due to the fact that I have not received January's rent, and that he has been seen crushing pills and snorting them up his nose. I followed up with a Letter of Termination worded as follows:January 17, 2018Mr. Dillon Kerr
53 Sumac Terrace
Belleville, ON K8N 5W3
Dear Mr. Kerr:
Re: Notice of Termination
Dillon, this Notice of Termination is to let you know that I can no longer allow you to reside at my home at 53 Sumac Terrace, Belleville, ON.
I, Elizabeth Anne Charsley, ask you to evict the premises immediately, on the grounds of non-payment of rent and use of illegal drugs within my dwelling.
Sincerely,E. CharsleyHe pack some of his belongings (items of clothing is piled on the floor) and left. He indicated he was off to the Legal Aid Clinic. I gave his a copy of the above letter.

Good for you.

Legal aid will make it clear to him that he has to get out. If he says something else he is lying.

I suggest that you put out all that is left of his into a box for him to get and change the locks.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,101
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