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I was wondering if you could help me with an unruly tenant.

I was wondering if...

I was wondering if you could help me with an unruly tenant. We are trying to avoid court proceedings to evict a troublesome tenant. She has agreed to move by the 16th for a sum of money and is willing to sign papers to that effect. My main question is...if she renigs on her deal...will that document hold up in court? We are also filling out a termination of tenancy but we want to make sure that these documents will hold up in court should she not move out as agreed upon.

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

Ontario Canada

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

Yes...all the paperwork leading up to the eviction has been filed....however there was a small error on the second N5 form. That is causing is to start all over again...so we are trying to work out a deal to avoid having to restart all over again

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

The tenant wants documents and money tonight...so time is of the essance. I don't want to act unless it's in my best interests.

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Answered in 25 minutes by:
3/13/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,483
Experience: Lawyer
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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 of this difficult situation.

Yes, if she signs a document stating she agrees to the eviction and then refuses to move out the Landlord Tenant Board will give you an order for eviction.

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 4 months ago
Are we allowed to say in the document that the tenant willingly agrees to sign, that if she doesn't move all of her stuff out by the 16th...that we may go in on the 17th and clear it out and repossess the apartment? I just want to make sure we are within our legal rights.

No because you cannot enter and evict her without an order.

So you can say she is signing willing and will agree to move out and take her things etc but you cannot go in the next day and do a thing. You will need an order.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,483
Experience: Lawyer
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 4 months ago
Ok Thank you for your time. Your help has been immensely appreciated.
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