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My tenant who lives in the basement is very abusive to her…

Customer Question
My tenant who lives...

My tenant who lives in the basement is very abusive to her children and my children have to listen to her being abusive to her children ...I want her to move. What is the best form to use to get her out as quickly as possible?

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Should I wait for her to give me notice

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It is a month to month lease

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

She has dismantle my alarm in the basement because she cannot take it goes off

Submitted: 1 month ago.Category: Canada Law
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Answered in 4 minutes by:
3/21/2018
Lawyer: DMWEsq,
 replied 1 month ago
DMWEsq
Category: Canada Law
Satisfied Customers: 10,280
Verified
Hello I am an attorney here to help I'm sorry to hear about your situation. You can begin eviction proceedings now. Even if a person is on a monthly lease and regardless of whether they are paying rent, a tenant can be evicted at the end of their rental period. The tenant must be given notice in writing at least thirty days before their monthly rental period restarts.In your case, because the person is on a month to month agreement, you can send written notice that their agreement will not be renewed for the upcoming month. Be sure it is in writing and is delivered to them. You don't need to state a reason for the non renewal and I would recommend not stating a reason because it could turn out ugly I my experience.They have thirty days to move, but if they don't then you have to file an unlawful detainer suit against them. You won't be able to lock them out of the property at all. If the court agrees with your termination of the agreement, the sheriff or state police can enforce the eviction set by the court.
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Lawyer: DMWEsq,
 replied 1 month ago
What other questions did you have for me today?
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Customer reply replied 1 month ago
Is this Ontario law? I was told ivy landlord tenant board that I have to complete form provided by them
Lawyer: DMWEsq,
 replied 1 month ago
Goodness, I am sorry it seems like you were routed to the United States site. I will contact the moderators and have them redirect you to the Canadian site
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Customer reply replied 1 month ago
Can I get advise from someone in Canada or a refud
Lawyer: DMWEsq,
 replied 1 month ago
Be sure to contact customer care
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Lawyer: Josie-Mod,
 replied 1 month ago
Josie-Mod
Category: Canada Law
Satisfied Customers: 8
Verified
Hello,
I am Josie, a moderator for this topic.
Your question is now open to all Canadian Law Experts.
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Lawyer: Debra, Lawyer replied 1 month ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,958
Experience: Lawyer
Verified

I am a lawyer in Ontario and happy to help.

Does this tenant have a separate unit from you or does she share your kitchen?

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Customer reply replied 1 month ago
Nothing is shared but she has access to my home no doors
Lawyer: Debra, Lawyer replied 1 month ago

When you spoke to the staff at the Landlord Tenant Board did you make it clear that the basement was not a totally separate unit?

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Customer reply replied 1 month ago
No
Lawyer: Debra, Lawyer replied 1 month ago

The concern I have is that because they have access to your home they may be considered to have a shared accommodation and in that case the Landlord Tenant Board will not take jurisdiction.

So I suggest that you call them on Monday and ask if they will take jurisdiction.

If not then just give the tenants a written notice of eviction.

If they will take jurisdiction then you should provide the tenant with a notice of eviction based on the fact that they are depriving you of your right to peaceful enjoyment of your home. If they refuse to move then you would apply to the Board for an order for eviction.

The forms are all here:

http://www.sjto.gov.on.ca/ltb/forms/#landlord-forms

The notice is form N5. The application for is L2 which you can submit online.

Does that fully answer your question?

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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Lawyer: Debra, Lawyer replied 1 month ago

Is there anything more I can help you with at this point in time?

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